The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-18
THE GREAT LOTTERY SUIT.

The famous lottery suit which has been IN progress
for the last two weeks before Judge j. f. DAILY Of the
Court Of Common Pleas, has GnaIy been narrowed
down to a small compass. Adam Loedeger, the plain
tin, brought tho suit against Zachariah T. Simmons
and others s22 4so, being twice the he
claims to have expended IN the purchase Of lottery
tickets and lottery policies The suit was brought under
the following section OF the Revised Statutes:-
Any person who shall purchase any share interest,
ticket certificate OF any share or interest part Of
ticket any paper or instrument purporting 10 be
ticket or share or interest any ticket or purportng
10 he certca to of any share ar interest n sny cket
in any portion Of any illegal lottery, may sue and
recover double the SUN Of money and double the value
OF any goods things In action which he may have
paid delivered in consideration OF such purchase,
with double costs OF suit
Judge DAILY yesterday dismissed the complaint as
against John II. Norris Jacob Bausch and John Sim
mons The rema ming defendants against whom the
complaint stands Zachariah E., william L. Chester
II. and John Simmons, Josiah Adams and Charles II.
Murray. The plaintiff claims that he purchased SCI
lottery tickets IL appears from the evidence that
there atty three tickets Of the ordinary kind pur-
chased by him, and the remainder were lottery policies
or policy slips On these latter being offered in
evidence by Mr.. Henry l. Clinton for
plaintiff Mr. Graham objected on the ground that they
not lottery tickets within the meaning OF the
ton quoted Judge Daily, sustaining the obj elections
SAID lottery policies are, IN TACT an insurance TO pay
certain sum certain numbers OF combination OF num-
bers are drawn in the lottery. THIS paym is some
thing wholly apart from the prizes set up the lottery
or ticket share In the lottery, the person
lottery policy fixing the amount OF his prize sake
or insurance. and paying the premium charged there
for. To purchase such policy person need not be
the holder OF ticket or any part OF ticket IL
A a mere wager between him and the
insurer Of certain stake upon the chance OF certain
number being drawn, whether that number is a prlzo
number In the lottery or not This system Of iDsur-
ance or of waRcrs the drawing Of numbers an old
institution. Il has for more than 100 years been a
parasite fastened the lottery business II is al
uded TO by an English writer as species OF gambling
and perncious and fatal effect OF the establ shment
OF lotteries by governments Even where lotteries
were authorized and legal, statutes were passed TO
punish parties engaged In this insurance OF
| numbers and gambling on the drawings OF
lottery when the statute above cited allowing the
recovery Of penalties for the safe Oh lottery tickets
was passed this business Of insurance gambling had
been long In vogue II lie alluded TO in section 80 OF
the and prohibited II again prohibited
under severe penalties under the act OF 1851 chapter
5OA Raining prohibited by the Revised Statutes, as
also the publishing Of drawings, 40 But section "a
] above onoted permitting snh Tor ihs recov-