National Republican., 1876-10-13
The CoURTs.
Supreme Court Of the United States.

THURSDAY, October Il, 1876.
No. z, original. The State of South Caro-
lima, complainant, vs.. The State of Georgia.
The argument of this cause was continued by
Mr.. Solicitor General Phillips, of counsel for
the defendant, and concluded by Mr.. P. Phil
lips for the complainant.
No. s. Gideon Putnam ct al, appellants, VS..
Charles E. Bill, trustee, sc. Passed under
the rule.
No. 9. The Chesapeake and Ohio Railroad
Company, plaintiff in error, VS.. Samuel 81.
Early, &C., ct al. Passed for the present.
No. II. Washington Ford, plaintiff in error,
VS.. James Surget. Passed under the rule.
No. IA. Cstharine F. Sawin, .administratrix,
&C., plaintiff in error, vs.. Dennis G.. Kenny.
This cause was submitted on printed argu-
ments by Mr.. Quinton Corwine, of counsel for
the plaintiff in error, and by Mr.. A. Il. Gar
land for the defendant in error.
No. Is. Dunlop & McClance, appellants, vs..
DESMOND s. Lalley. Dismissed under nine
No. Il. City of Memphis, appellant, VS..
United States, ex rel. T. E. Brown. Passed to
remain on docket until January 1.
No. Is. R. j. Holmes ct al, plaintiffs in
error, VS.. James F. johnson, assignee, &c.
Dismissed.
No. 10. John G. Blount, plaintiff in error,
vs.. R. c. Windley. Passed under the rule.
No. 20. Thos. Z. Williams ct al, appellants,
VS.. Thomas B. Florence ct al. Passed under
the rule.
Adjourned until tomorrow, at 12 o'clock.
Criminal Court-Judge 0lin.
John h. simms, grand larceny; one year in
the penitentiary.
French Simpson, charged with keeping q
place where lottery tickets were sold. This is
an appeal case, and the evidence has been pre-
yiously published in the NATIONAL REPUBLI-
CAN. Mr.. Birney opened the case for the Gov
eminent, scattering the tickets among the
jurymen for their inspection, and demonstrat-
ing how the scheme is drawn and policy played.
He said that there were over. one hundred of
these places In operation in the city, and thir-
ty-three of them were controlled by one man.
His Honor instructed the jury as follows:
Ifthe jury found that this man kept place
of business for the sale of tickets purporting
to be lottery tickets, paying when they won
and nothing when they lost, then that was a
place for the sale of tickets within the mean
ing of Nhe law, or place where lottery tickets
were sold. The presumption was that a man
who sells tickets purporting them to be lottery
tickets they were what they were presumed to
be. 1t was not necessary to prove the exist
ence of the lottery in Kentucky, but If an ex-
PLANTATION was necessary 1t must be made by
the defense, and show that they were not lot
tery tickets, as charged.
Polcy-If the man was in the habit of SELL
ing the little numbers, informing his customers
that the drawings took place, then he was en-
gagged in the lottery businessin the meaning of
the statute, and was guilty on that point, and
the jury would find him guilty of selling lot
terry tickets.
The motion to strike out the testimony of
the prosecution was oyerruled; also the prayers
of the defense, to which they noted exceptions,
and another to the instructions of His Honor.
The jury rendered a verdict of guilty, and
the case will go to the Supreme Court in Gen.
eral Term on the exceptions.
Judges Humphreys, wylis and Macarthur
on the Bench.
Converse VS.. Washington and Georgetown
Railroad Company. Vacation of continuance.
Hoffman VS.. Castleman. Argued by Messrs.
Payne and Birney and submitted.
FAINT vs.. Stewart. Argued by Mr.. Stewart.
Caution to the Public.
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ticles under the name of Capsicin and Capsi-
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The words Capcine will hereafter be cut in
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Porous Plasters are now conceded to be the
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over two thousand druggists of excellent repu-
tation. Price 25 cents. Can be obtained of
any druggist. SEABURY & JOHNSON,
Pharmaceutical Chemists, N. Y.