The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-11
THE COURTS.
Carrying on Lotteries Forbidden by
the Constitution.
TROUBLES OF A SURETY.
A Coney Island Fire-Eater in q
New Role.

In The United States Circuit Court before Judge
Wallace, cause triod yesterday involving the
question OF what constituted lottery. Tho action
brought by the Southern Association for the
benefit widows and orphans nj the Southern States
for breach Of contract the failure TO comply with
the conditions OF bond, which failure was alleged to
have been made by John G. Butts, Benjamin Wood,
Charles H. hurry, Nathaniel s. Morse and
Henry Cotton. Messrs- Alexander & Green
appeared the plaintiffs and Mr Luther 4. Marsh
for the defendans In July, 1857, the Legislature Of
Virginia passed authorizing the plaintiffs TO
Distribute system OF chances other than lottery
system all the lands of which they In possession
for benefit bcnedciaries OF their association
and the act forth that they were 10 be exempt
from all the penalties Of carrying on lottery Tho
ns,r tina. thew were NOT suicen,y
versed the ways OF ''ralies' 10 establish u with
success SO they entered into an agreement With man
named w. g. Spears 10 take charge OF It, Mr.. Spears
did not succeed, and he ultimately sold the contract
10 J. q. Belts, OF Now York. Belts entered into a
contract with the association to pay them 81, 600
month. and also % pay the General Manager
Of The Association salary OF $4,000. The
c. Q. fompklns. Belts continued The rafne
for about months, but dd not pay the associa
u cent, and action brought TO recover on
the bond OF SOC, o00 which Belts gave for the faith
fui performance Of his duty. lawyer named Ell
more was the only witness who testified that he be-
came acquainted with the scheme OF the plaintiff
thi ough Spears, who became client Of his, who en-
ployed him in the negotiation between Spears and
Belts He knew the modus operandi Of the
drawing and described Is 20 The Court He
said that there were seventy-two numbers; that
those numbers were publicly displayed; thirteen
OF these prizes, the remainder were blanks
These tickets being numbered tickets were placed IN
u box the wheel OF which WAS turned BY boy, whose
eyes were covered with q handkerchief The tickets
issued at 81 each. II one Of the lucky numbers
drawn It Was equivalent 10 drawing 80; II two,
S25; If three, 5000; II four, $500 He had played
himself and had won as much $50, but when he
had got through HIS loss WAS about Sl2 on
the entire drawing There was next read
the deposition OF Henry A. Wise, Ex-Governor
OF Virginia, which stated that the association was
organized for good obecis and that he did not see
anything wrong about IL He gave some OF tho
names OF the incorporators, among whom were T. q.
Dudley; his own son, j. A. Wise DR.. Noble, promi-
nent physician OF Richmond, and r. NJ. Ballard, a
well known In Richmond. Some little laughter
IN court by the reading oil that part Of
the deposition in which the witness described
himself un-regenerated AID un-reDent-
rebel. The defendants charged that the
charter obtained by bribery corruption; that
the appellate courts OF Virginia had decided that tn
rattle lottery. Judge Wallace directed verdict
Tor the defendants on the ground that the action
could be maintained, and that tho contract In
question contemplated the carrying out OF lottery,
that such lottery III forbidden Ny The constitu
tion.