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


terry tickets or shares In lottery gives in
terms action for the recovery OF money
paid for any lottery insurance or lottery policy, in
pursuance OF any wager gambling game dependent
/ upon the drawing OF lottery. Tho omission OF any
such remedy favor OF any other persons than those
purchasing lottery tickets. must be deemed 10 have
been intentional on the part Of the Legislature am
bound, therefore, TO hold that the recovery In this
action must be for the prices paid for tickets and not
the offence OF vending OF such policies or slips beng
ssan By vsDd higher degree
The statute makes distinction between the two
offences and gives civil remedy to purchasers OF lot
terry tickets only. The claim by the defendants coun
sci that the plaintiff could only penalty
overrulcd, the Court holding that the statute
gave plaintiff suit for double the sum Of money paid
for tickets that included all the money paid for such
tickets The plaintiffs recovery IS now reduced 20
$50, and II Is understood oler will DO made to-day
/ TO allow judgment for that sum.
THE TWEED SIX MILLION SUIT.
There comparatively a brief session OF Judge
/ Westbrook's Court, yesterday, the Court having
convened at halEpasl O'Clock, p. NJ, to
tinue the trial OF the Tweed 900 suit sovernor
Tilden, who had been subpenaed witness, was ex
pected to follow Ingerso, but although the Cover
nor IS in the city waiting 1t is understood TO
take his turn q witness, the day passed without
hisbeing called. As heretofore the courtroom was
denscly crowded.
| James Mob. Davidson, who furnished the safes for
! the Of the various city departments under the
Tweed regime, the first witness called He testified
that he asked TO verify his bills he now
does business Albany; his bills correct; his
! profits pretty much ordinary bills and
ranged from rs to 200 per cent He read off the
/ amounts Of the warrants for his company some in
dorsed SIS, $50 81, Endorsed; $o6495 SO, Endorsed
$49,l5o ~, Endorsed, and $12s77 OF, $l2, 4S2 10;
into ' the e. court room by watson and told 10
ndorse the warrants in order to get his money but he
did not see the face of the warrants on 10 he
received $2S3ol, and on the others in like proper
ton On his cross examination he testified that he
thought he receipted all his bills and that they were
all honest ones and that he stated fair prices and the
city justly owed him every item in his bills his profit
was liberal, but fair one, and he would certainly put
on twenty 1--WE per cent more In dealing with the city
than in dealing for instance. with A. T. Stewart ac
count of the nterminable difficulties in getting paid
and the rough politicians to be dealt with Woodward
who friend Of his did the business for him, but
he never thought whether Woodward 10 do u for
nothing he Endorsed three warrants laid before him by
Woodward because he was told otherwise he couldn't
get his money, and he didn't the face Of the war
rantsi he had no suspicion then; the city owes him
&C. 900 for safes subsequently Delivered he explained
that his name generally supposed TO be Mcbride
Davidson, but ii was McBaln Davidson.
John Garvey brother of the great pastcrer testified
that he took 500 600 from this city TO Albany accord
ing to directions from Tweed; he saw Mr. Tweed in
Albany and gave him the money; Mr.. Tweed at the
time was in a carriage with John J. Bradley; witness
had Two sealed packages for Mr.. Tweed besides the
500 coo packages Mr. Tweed looked over the packages
and said the contents correct; in TO let
tiers from Tweed witness saw him and had conversa-
lions about his brother, Andrew J. Garvey; Tweed
said it would be better for his brother to remain abroad
! witness Mr.. Tweed and asked him it true that
man had gone TO arrest his brother and Mr.. Tweed
said mo, that he had gone after another man named
Grey;n Tweed told witness that he wished Woodward
was dead or that somebody would kill him.
On exam nation witness testified that both him.
self and his brother born in Ireland and
here about thirty forty years ago to 20
into the pasterng busincss he never testified before
! that Tweed said he wished Woodward dead that
somebody would kill him he thought this init
nation that Tweed wanted him to kill Woodward, but
he did not resent the suggestion; he did not want
Tweed TO believe that he received it suggestion he
did not know that the $1,000 he took 10 Albany
was for the purpose OF bribing the Legislature
John H. Keyscr, the great Ring plumber testified
that he did work for the city for the last fifteen years.
he required at rst to make affidavit TO his bills,
and until the Ring came into power whom the Ring
into power he was told to add percentages TO his
bills and he did add SO Is per cent to them he
very poor calculator but managed 10 get them out
righwith the 80 1-3 per cent added Qaughter); Wat
shared his bills; Carney suggested to him that he
destroy his papers, which advice he did follow but
took them TO his foundry, whore they still arc.
The Court here adjourned until half-past eleven
O'Clock this morning
JUDGE BARRETT ON THE KNIFE.
The trial of Arnin Ling for the killing of Louis Wen
betz New Years Day, at Mentz's lager beer saloon
Bayard street. concluded yesterday Judge
Barrett the Court Of Oyer aud Termner. 1t will be
remembered that 1t proven for the prosecution
that the deceased struck the prisoner while seated in
chair the lager beer saloon three blows with his nst
OF the deceased that the latter then left the prisoner
and the bar treated several persons to the
exclusion of the prisoner and that Mrs Mentz, the
wife OF the proprietor then went the prisoner and
begged him TO take further notice Of
what had occurred but that the prisoner then laughed
her and said 'lf he (meanng the deceased assaults
again will defend myself even II have to use the
knife" IL appears that the prisoner got up from his
chair and went to the bar where the deceased was
drinking, and that they then rushed toward each
other, when some cried out He has got knife l"
nj .nAf ha pn bad alta
few moments struggle, fell to the floor after which
II discovered that the deceased had received two
mortal wounds-one penetrating the lilac region and
the other entering tho percardium and injuring The
heart The injured man then removed to Bellevue
ward the prisoner arrested, and the policeman
asked HIM why he stabbed the deceased, TO which he
replied, II did it, and suppose IN be hung for il" A
long clasp knife found on the floor which the
prisoner admitted his and the weapon with
which the deed was committed. Mr. William y.
Howe the prisoners counsel called several Witnesses
who proved that the FIRST assault committed by the
deceased and without provOcaton and the counsel
in an able and iorcbe argument 10 the jury insisted
that at most the prisoner was only guilty OF man.
slaughter in the third degree bot that he he counse
viewed the oJustnabe homicid eand that the
prisoner entitled TO an acquittaL Assistant Dis
trict Attorney LYONS for The People. in able argu-
ment contended that from the character OF the knife
and from the fact OF the prisoner following the deceased
the bar after the assault had ended he clearly
guilty of mansaughter In the second degree. Judge
Barrett then delivered most, fair and impartial
charge when the jury retired and after hour and
hairs elaboration returned into court with verdict OF
guilty OF mansaugLter in the third degree Judge Bar
re passing sentence told the prisoner that he had
proven excellent character and that he young
man Of Industry and of good habits, who had reck-
lessly used the knife and taken the life of human
being. IL true the deceased was the aggressor,
but he not justified In the Of the knife Per-
sOnaly he was gratined that the Jury had rendered
what he considered proper verdict, he believed
that the conviction oil the prironer would operate
warning aud deter others from the carrying and the
use OF the knife and the pistol In consideration how
ever OF the circumstances Of the and of the prs
oner's good character he would only nnict the
tence OF two years and six months In State Prison
DOLANS LATEST MOVE.