Los Angeles herald., 1892-04-28
INSTRUCTED TO ACQU|T.
The Case Against the Owners
of the Herald Ended.
Judge Ross Instructs the Jury to
Acquit.
The Evidence Showed That the Defend
ants Used All Precautions TO Pre-
vent the Violation OF the
Law-The Testimony.

Yesterday morning ). j. Ayres and
D. Lynch, proprietors of the HERALD
were before Judge Ross, OF the United
States district court, to answer charge
of violating the postal laws with refer
ence to lotteries. The suit was brought
on a charge that the defendants had
mailed four papers containing the ad'
vertisement of the Juarez lottery, tt
persons residing in Santa Monica, sale
offense alleged to have been com mmitted
on December 7, 1891.
Col. A. B. Hotchkiss and Jay f. Hun
ter appeared for the defense, and United
States Attorney Allen for the govern
ment. The following Jurors were Sc.
lected: William f. Ball, Thomas S.
Juden.J. 7. O'Hara, Edward F. Mullen,
Edward X. Benchley, John M. John.
ston, Charles w. Hicks, Henry De Gar
mo, Harry Siegel,. Joseph W. Frey,
Herman F. Vollmer, Joseph Hamilton.
The indictment of the grand jury set
ting forth that defendants had mailed
four copies of the HERALD, to the Out
look, F. r. Ellis, John Wolfskill and
one paper marked Santa Monica. The
first witness called for the prosecution
was Assistant Postmaster Summerfeld
OF Santa Monica, who testified as fol-
lows: 1.-The package OF four HERALDs
now before the court dropped out of a
mail pouch after it had been unlocked
by me, on December 7th. Prior to that
time 1 had received similar packages of
papers through the mail. These came
outside of the mail pouch they were
brought to the postotfice by the mail
messenger from the depot and came
from Los Angeles by express; 1 did not
open all the packages that came by ex-
press and cannot say how often the lot
terry drawings were published in the
HERALD; the only papers in which
saw the lottery advertisements were
those received by me on December 7th !;
these papers received previously were
brought by Mr.. Freeman and came by
express, having been given to
him by the Wells-Fargo agent.
The papers came in separate
bundle outside OF the United States
mail; packages can be sent by mail out.
side of the mail pouches. The HERALDs
were usually carried from Los Angeles
by a man who was both express messen-
ger and mail agent; 1 never received
any directions from Ayers q Lynch re-
garding the distribution of the papers
at the postoffice. The postmaster wrote
to Assistant Postmaster General
Tyner for the postoffice department re-
garding copies of the HERALD that were
received by express in October contain
ing lottery advertisements, and that
official replied that there was no viola
tion Of the law on the part of the pro-
prietors of the HERALD SO long as they
did not send the paper through the
mail pouches.
"All the other copies of the HERALD
received by us with the exception OF the
four papers of December 9TH came out
side of the mail packages"
Postmaster William S. Vawter was
the next witness, and when asked by
United States Attorney Allen as to the
receipt Of the four copies of the HERALD
on December 7th, Colonel Hotchkiss in
terposed an objection saying; "The in
dictment charges defendants with de-
posting these papers in the mail; send
ing them through the mail is a specific
offense, and they are not charged with
its commission"
United States Attorney Allen-I con-
slider that the receipt of those papers is
circumstance showing that defendants
mailed them.
Judge Ross overruled the objection,
and Mr.. Vawter testified: 81 saw the
package containing these four papers
dropped out of the mail pouch. / had
found two issues of the HERALD pre-
viously containing lottery advertise
ments; they came in October or Novem-
ber; prior to the reception of the papers
on December 7th the papers came
through the postoffice outside the mails;
the mail that comes to Santa Monica is
put up in Los Angeles and is carried in
locked pouch between those points;
all this mail comes in locked pouch"
Under cross-examination witness said:
II don't know whether the United
States mail agent on the train has
key; don't know whether there is a
mail agent; the baggageman or express
agent on the train looks after the mail,
and cannot say whether he is sworn
officer or not; do not know if defend
ants mailed the package of papers re-
ceived by me on December 7th; we
received the papers that came by
express at the postoffice, and &C.
cording to custom and for the con-
venience of patrons distributed them in
the postoftice boxes; the two papers re-
ceived in November came over from the
depot by messenger; they were not in
UlC Luull pO6Chs
ing the papers in the postoffice boxes
until notified by the Encouragement
and the Los Angeles postmaster that 1
must not do so."
W. ?. Bowen, superintendent of mails
at Los Angeles, testified: "On December
we received forty-seven pounds OF paid
matter and thirty-one pounds of free
matter from the HERALD; l do not know
OF my own knowledge what WAS de-
posted for Santa Monica; l don't know
who deposited the papers in the post
office; there is no United States mail
agent on the train between Los Angeles
and Santa Monica; under the contract
with the government the railroad
furnishes man, to take care of the
mail"
W. E. Holmes, clerk in the Los An
geles postoffice, testified: 81 remember
seeing packages like that exhibited in
court, but cannot say anything about
seeing them on any particular date;
similar packages are mailed eyerv
morning.; sacks have been taken away
presumably for the HERALD, and they
have been returned to the postofice
containing packages of HERALDs;
did not read the papers in the pack
ages"
M. H. Flint, United States postofice
inspector, testified: "I received the
package of HERALDs from Santa Monica
containing contraband matter; l went
to the HERALD Office and saw MIR. Pea
hndv and tnld him ahout tho v,o,o,,