The New York herald., 1879-12-17
THE COURTS.
Seeking to Quash the Lottery
Indictments.
BURDEN OF TAXATION.
Hazards OF Crooked Specula-
tions in Cotton.

Motions to Quash the indictments in what are
known the lottery cases. against John Duff. Ed
ward Richardson. Theodore Zschoch. Max Borger
Theodore Lomer. Antonio Martinez. William II. Por.
ter and William Q. Creighton. were made yesterday
morning by ex-Judge Dittenhoefcr. before Judge
Benedict OF the United States Circuit Court GRIM
inal branch. He argued that the indictments were
detective for the ressons-frst. that they un-
certain in charging that John Duff and Edward Rich
ardson, otherwise known as J. Duff Co.. did the
things charged without specifying whom the alias
applied. defect which also applied to of the
other indictments and second in that they charged
that the defendants unlawfuly and knowingly depos-
tied letter in the mail Of the United States. whereas
it was no offence to deposit letter in the mail !;
that there information where the letter
sent or how was sent. no details being givep that
following the exact words Of the statute in charging
the offence without giving the details 1t was in
sufficient. 1t was further claimed that two offences
were created by the statute-one for deposting the
letter the Post Office the other for sending it to be
conveyed by mail. The first prssupposed that the
some agent OF his. The indictment should specify
which done. As third objection it was con-
cerning lotteries unless the lottery offered prizey
the language Of the statute being:-"No letter or
Concerts or other similar enterprises Offering prizes
shall be carried in the mail" The indict-
ment against Duff failed to Llese . that the e
claimed that the letter alleged to have been de-
posted by defendants was not within the meaning
OF the statute forbidding its deposit. The letter
read d:-'Thers drawing Of the La. State
the 14th. On the face Of the letter there in
dcation that 1t concerned lotteres that the meaning
Of 'La" State was not shown. 1t was further urged
that the allegation Of knowledge ON the part Of the
defendants was defective In that the words "know-
ingly and "unlawiully set forth in the Indictment
only related to the act of depositing. whereas it
should have been charged that the defendants know
ingly did deposit certain letter which they
knew to be concerning . lottery; that 1t
was no. offence to deposit letter unless
the defendants knew 1t concerning
such lottery In support Of this point Judge
Dittenhoefer cited the case against De Boigne N:
Bennett. indicted for sending "Cupid's Yokes"
through the mails. and urged that it would be no
offence deposit letter In the mail, unless tha de-
fendsnt know the contents Of the letter; that the
word knowingly referred to the letter. and not to
its deposit in the Post Once Another point taken
that the Indictment did not charge that the let
ter was sent to any person. 1t simply alleging that
the letter enclosed in envelope addressed to
G.. 4. Nichols. It was contended that 1t should
have been alleged that i was addressed and depos-
tied TO conveyed to that person In other words.
that depositng letter addressed to the Msn the
Moon" would be no offence. Again. it was claimed
that the prizes offered by the lotteries should have
been stated in the indictment. Assistant District
Attorney Fiero win reply in opposition to the mo-
ton to quash at the opening Of the court to-day.