Morning journal and courier., 1886-11-27
THE GUESSING SCHEME.

Norton, the Clothing Dealer, Before
 the City Court-The Evidence Heard
 and Decision Reserved.
 In the City court yesterday morning before Judge Deming was heard the evidence against Albert O. Norton, the Church street clothing dealer, who is charged with disposing of property by chance.
 The prosecution is brought under the following provision of the statute passed in 1865:
 and shalf offer the purchaser an interest in other property to be ascertained by lot or hazard any ent gratuity. the quality, kind value of which shall be unknown to the purchaser at the time of the sale, shall be fined not mora than $500 or 1m- prisoned not more than three months, or both.
 MT. Norton's alleged violation of the law consists in offering valuable gifts to be guessed for by patrons. In Mir. Norten's window hang a squash and thirty-four prizes, ranging from piano, diamond ear rings, down to $1 gift. Every purchaser of clothing is entitled to guess upon the num- Der of seeds in the squash.
 The only witness against the accused was Detective Brewer, who testified to buying a pair of overalls and that he was allowed to guess on the number of seeds in the squash his number being $40, and that he received a ticket to this effect.
 MT. Norton was the only witness for the defense. He testified that he had been in the clothing business here for twelve years. He considered this scheme simply as an ad- vertising novelty, and the price of his cloth ing had not been changed on account of tLe $2, 1000 worth of presents he should give away, except in cases where prices of cloth irr, hoH haao ro5uop6 Had Ina oOnsidaraH the plan illegal he should not have indulged in it.
 City Attorney Daley began his argument by saying that MT. Norton's plan was con- trary to public policy and an inducement to disorganize trade, and complaints were con- He claimed that the scheme was illegal, and nothing more nor less than gambling. He admitted that churches and other societies were continually engaged in similar schemes. FWe are gamblers from the cradle to the grave," concluded MT. ment ill human natbre, has passed this re- striction. It is not MT. Norton am striking at, as he is an honest and upright man above reproach, but it is the principle, and MT. Norton has violated the law"
 In support of his claim that MT. Norton's scheme was illegal, MT. Daley read from Hudson and the State in the 94th of Indi ana He said the Supreme court of Con- necticut had never adjudicated upon such case.
 Mr. filling, for the defense, replied that public policy in criminal cases was @ hobby horse to ride, and that the case at bar was one of statute and not public policy, but he denied that public policy policy was injuriously moral about it." said he, "and it is not gambling, for the customers get the full value of their money in the clothing and pay nothing for the guess. It is not immoral, for quite recently Judge Pickett was one of the leading spirits in fair when the contents of an immense teapot were guessed upon for prize. If the de fendant has violated the statute then this law is a puritanical abridgement of per sonal rights. It is not illegal because it's 0nly object is to advertise the business. Now 5he statute provides against the ascertain nent of property by lot or hazard, which means pure lot and pure luck without any possible chance of human foresight or knowl- ,dge aiding the players. Therefore the shak- ng of dice or risking on lottery numbers shaken in wheel is pure lot or hazard, but his scheme is different. The purchaser yuesses upon the number of seeds and the pest guesser gets the first prize. whether he nearly approximates the right mum per or not. Now this guessing is not mere natter of blind chance. Human fore tight and knowledge enters into 1t argely. Nature does not evolve squashes on any heterogeneous plan. But there are books containing information on the subject md anyone can cut open a similar squash md count the seeds so that it is just like a ooy at school. It is chance whether he will funk and fzzle if he has not studied the esson. But if he has learned it success is with his own efforts. Not rom first to last is there anything savoring of pure luck, chance or hazard in this scheme Mr. filling read from the first of Myers vs. the State.
 Judge Deming said he would render de- ,ision next Monday morning