The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-11-08
LAW AND LOTTERIES.
The wheel of Fortune Cloggcd by the
Court.
New York Herald, Sd.

A big bonanza was formerly the lottery
business in this city, that is to say its rami-
fications from this great metropolitan CEN
ter. A suit has been instituted by Marcus
Cicero Stanly against Benjamin Wood and
Others, which, assuming the allegations
some interesting light on the sub
ject of its management. Mr.. Stanly states
that from the ist of November, 1868. TO the
10Th of July. 1862 he owned "A certain share
of the lotteries under the nominal manage
ment of c. III. Murray Il Co. The remainder
of the shares he says were owned by Benja-
min Wood, Jacob Banch and John A. Nor
ris, present manager of the Louisville lot
teries. Charles III. Murray, John Anderson,
William France, James Stewart, Isaac Ber-
stein, John McCOol, Francis King, Henry
Cotton, Marcus A. Little. Frank Work and
the executors and administrators of Reuben
Parsons, Benjamin ;. Halsey and James 5.
Watson, He says further that the grants or
franchises comprise various lotteries in Mis-
souri,, Kentucky, Delaware, Georgia, Louisi-
ana and other states, Il G specific names of
of which are given; that such
franchises were lawful property. in
such states, that they were licens-
ed by the United States government,
and that they were conducted in manner
consistent with sound policy and public
morality 1t is alleged, in addition, by Mr.
ested in the aforesaid lottery business Ben
jamin Wood. Banch, Morris, Murray, France
and Cotton conspired to defraud the rest of
the shareholders, and appropriated to their
own use the weekly profits of $1,23406,
Of which sum Wood received $3.50
per week, Banch and Morris $I39 each per
week. and the other conSpirators the re-
mainder; that they appropriated altogether
500. 500. of which 81 400 was his rightful
claorn. fhaf no tnau- ranfIfnn of thn from
until he discovered it last year; that he re-
ceived from Murray, France and Cotton salts
faction for the sums they appropriated, but
that Wood. Banch and Morris utterly refused
to pay him anything, and that as he can
not get the other parties named as CO.
plaintiffs. he has made them party defend
ants j in the suit. Mr.. Stanly has brought
two shits, the statements above being those
embodied in the first action. In the COM
plant in the second suit he charges Benja-
min Wood with having been the principal
manager of the lotteries named as the agent
and trustee of the other parties, with having
had supreme control of the receipts and dis
bursements, and with having fraudulently
embezzled and converted to his own use
SOL. 900, Of which SUM Mr.. Stanly claims that
he was himself entitled TO $1,000. Precisely
similar answers are made to both
complaints. All the allegations in each
complaint are denied; then follows the
statement on information and belief that
the management and the conducting of the
lottery business, il there was any money
made in il, was confined to this state and
other states where the business is unlawful,
and that no profits accrued in the states
where the lotteries are authorized. The
statute of limitations is set up as final de-
fence.
Before Judge Larremore, holding Supreme
Court Chambers, motion was made yester-
day by ex-Recorder Smith, on behalf of the
defendants, for the framing of issues TO be
tried before jury as to whether Mr.. Stanly
was copartner in the lottery business in
question, and in what states the money in
the business had been made. Messrs.
Townsend and Weed. counsel for Mr.. STAN
ly. insisted that the case was one which
should be heard before a referee. Mr..
Smith declared that there could not be
referee, because the question of fraud was
raised. The reply TO this was that Mr..
Smith had never specified any such charge
in his proposed issues. The reply of Mr..
Smith was that he believed he had over
looked it; whereupon Judge Larremore said
he had better get his papers straight before
he came into court. and thereupon adj
iourned the further hearing until next
Wednesday.