The New York herald., 1876-07-25
THE COURTS
How Judge Dan els Metes Out
Justice to Confidence Swindlers.
IMPORTANT DECISION OF THE SUPREAE COURT.
Con 8 tt u tiOn al Rig b t
to Bail.

Tho General Term OF the Supreme Court has
nounced important decision In the OF tho 'twn
confidence men," George W. Loomis and Thomas
Lewis Affirming the judgment Of the sess ons con-
victing them Of larceny and sentencing them 10 ivc
years imprisonment They enticed grant into
drinking saloon, and upon pretencc they play
ing a lair game of dice Lewis borrowed the Of
500 from the emigrant assuring him he was sure to
win but ould he lose he had check for $500 Ia his
pocket which he would casn and repay him. The dice
were thrown, and as a matter Of course Loomis W n
Then LOWS put up the supposed $500 cheek, which
Loomis also Both the accused then disappeared
leaving the em'srant minus his money. Mr.. William
F. Knitting, who appeared for the accused raised the
facts, as the complainant voluntarily parted with his
money upon game OF chance; 1t was not taken either
against his will without his consent District At
torney Phelps took contrary view. Judge Daniels
delivered the opinion OF the Court which che,kmates
the nge ious swinders As II Is oil importance TO the
publc ana OF interest TO the profession, We give 1t In
substance The Judge after recng The facts, says
Thre be for doubt upon the ixcts that tho
prisoners in the common enterprise of procur
ing .s osson " MAD ). sq pr i
him to tho saloon where tne presence OF Looms indicated II
.hti design There they resorted Of
a.. ny friendly H game an .s emergency eGnd be
mt OF his money when that was secured ne was
cant to win anu hs could then it returned
The nppic alton succesu and the stsked and
them avoid the contingency which be
m.,as made fro" what had ,een called check; that
he ~a0s proceeding va. .",p%sn n,s device
minded h nest contding stranger And 1t would be last
charge their its
by their liberation Ia behalf OF she prisoners has
Lee insisted that nothing less than that should be declared
by tins court, because the lender Uson aegned to part
although he called IL loan Of the that evidently
him have the money stake it upon the dice with the
that he to beat aud then Oason could
loss that other money be procured upon check
and paid to replace the loss Until 1t WAS Im ned
pora use OF the $40 up to that time ,he money coan.
ued to be the popcrty of Ulason to be returned him
materially from loan, that term is ordinarily used
and understood was only OF the possession, for
specific purpose whica might all have accomp shed
the transaction tae prisoners had been
without the transfer tho ut to sbsoute right of
possession OF the mon That asked intended,
except upon the contingency OF the game which might turn
that WAS determined the $40 to belong to Uason
Lewis havins only its qualified possession SO complete
game ended reclaimed it's sson
according the under which he parted with it, What
he allow Lewis upon the throw with
the snndng words that he was to have
the identical money again that proved successful 1t
in the ut the ultimate risk al the person whom IL
delivered And that cond at time have revoked
before tho loss occurred IT, tn refore the possession
with the intent to deprive Uason of his money
and mail to appropri ITO IL to the OF the prisoners
s IT, ,S@itn vs. In. PsoSi. vs.
The People, Sc Id. 39i; Kelly People. i3 y. supreme
mited to the jury. and they found they
reasonably otherwise have aons agsn, the prisoners The
affirmed
Mr. Kinzing, since the decision of the Court, has
obtained an additional writ OF error, which al
lowed by Judge Douohue and tie will be reviewed
ny the Court OF Appeals at its coming sessions