Los Angeles herald., 1892-04-28

body, who is the business manager, said
they did not send the papers by mail
but by express; l went to the express
officials, and they admitted that they
carried papers for the HERALD to Santa
Monica; the HERALD people did not
defy the law; the express officials re-
fused to carry papers addressed to indi-
viduals after the Santa Monica post
master refused to receive them; the
only papers sent by mail that | saw
were those sent on December 7th; l
don't know that Ayers & Lynch mailed
the packages"
j. G. Peabody, business manager OF
the HERALD, was called to the stand
by United States Attorney Allen, and
testified: l do not know who was in
the habit of carrying the mail packages
to the postoffice. Ralph Bowles is the
mall clerk of the HERALD, and he might
employ different boys at different times
for that purpose. l have been fire.
quently instructed by Ayers & Lynch,
and have as frequently conveyed their
instructions to the heads of departments,
to absolutely keep the lottery matter
out of the mails. We always publish
two editions when lottery matter is pub
lished, one containing the lottery ad-
vertisement and the other without it.
Judge Ross-Do you mean to say you
publish two editions when you publish
lottery matter?
Mr.. Peabody-Yes, sir, we do this in
order that our papers for mailing shall
not contain the lottery advertisement.
When the lottery act went into effect l
was instructed by Messrs. Ayers &
Lynch to do 30, and by all means to
absolutely keep the papers containing
the lottery matter out of the mails; the
two editions were published for the ex-
press purpose of keeping the lottery
papers out of the mails, and all en-
ployees were specially cautioned prior
to each and every insertion of lottery
matter, verbally and in writing, to keep
those papers out OF the mails.
Messrs. B. G. Butler of Wells-Fargo
express, E. G. Walthen of the s. P. Il.
r. Co. both gave testimony of corrob
orative character regarding the carriage
of packages of the HERALD to Santa Mon
lea by express when said papers con-
tanned lottery advertisements.
The prosecution rested.
Col. A. B. Hotchkiss-Mayi it please
the court. now move that the jury be
instructed to acquit my clients. Intent
is the gist of the law applying to this
action, and it has been clearly shown by
the witnesses for the government that
defendants exercised all possible precau-
tion to prevent the violation of the law.
United States Attorney Allen-Aiter
considering the evidence adduced 1 feel
that l cannot positively resist the mo-
ton of the attorneys for tbs defense.
Under the evidence the jury cannot
avoid finding a verdict of not guilty.
Judge Ross-An absence of intent on
the part of the defendants has been clear
ly shown by the testimony offered, and
under the circumstances and in accord |
with the motion of the counsel for de.
tense, l instruct the jury to find ver-
dict of not guilty.
The jury then, through their foreman,
Mr.. Harry Siegel, submitted the follow
ing verdict: "We, the jury in the
above entitled cause, under instructions
OF the court, find the defendants not
guilty."
The defendants were then discharged
by the court, and shower of compli-
ments and congratulations were ex-
tended to Col. A. B. Hotchkiss and his
associate, j. E. Hunter, Esq, for the
very able manner in which they had |
conducted the case for the defense.
Both gentlemen, in the cross. .examina-
tion OF witnesses, displayed rare judg-
ment and a keen appreciation of the
value of facts backed by a mastery
knowledge OF the principles of the law.