Evening star., 1894-11-27
His Trial for Promoting the Sale Of
Lottery Tickets.
TESTIMONY INTRODUCED TODAY
Witnesses Before Judge Miller
....... and "a Jury.
~ 81.
SERGT. DALEY ON THE STAND


Hyman. counsel for the defendant. moved
to quash the information on the ground
| that i. charged the defendant with COM
mittinS no Ofrense in the District of Co
lumbia. The motion was promptly over
| ruled, and Prosecuting Attorney Mullow-
ney, after explaining the nature of the
charge. called Mrs. Lena Brown of 1907
7th street as his first witness.
Mrs. Brown testified that her husband
kept store at the above number, and
that about the 10th or 18th Of last Sep
tember the defendant called at me store
He had lot of sealed envelopes In his
hand and explained that they contained
ed to buy ohe and when she said no. he
$40, and explained that one out of every
three or four envelopes contained a prize.
He finally induced her and her sister to
buy one, they paying 80 cents for 1t.
On opening the envelope she discovered
blank. Cotton, she said, expressed his
sorrow upon her i'll luck, and produced
some tickets, which, he explained, We're
Louisiana lottery. tickets. They were a
dollar apiece. he stated. and urged her to
purchase one. saying that a man in the
Soldiers Home had just drawn prize Of
$3.50 She declined to purchase one, and he
then left She did not know that the tick
cts last shown her were Louisiana lottery
tickets, but the defendant assured them
that they We're.
Another Lottery.
Mrs. Carrie Livingstone, the sister of the
preceding witness. corroborated the tesu-
money Of her sister. when VIM. E. Gales.
colored man, was called to the stand. He
stated that he conducted a drug store at
2234 7th street, and said that the defend
ant came into his place one day last Sep
tember with some Kansas City lottery
tickets The defendant showed him list
of previously drawn prizes. giving the
names Of the prize winners, and stated
that the next drawing would take place
in the following month. The witness stated
that the defendant also showed him let
ter from the defendants brother, In which
the defendant was requested to take charge
of the sale of the tickets. The witness
identified the ticket which he purchased
from the defendant. paying 80 cents for It,
Mr. Mullowney offered the ticket in evil
dence, but Mr.. Hyman objected, urging
that the ticket guaranteed a share IN the
prizes, and therefore was not a matter Of
chance the PURCHASER being entitled to sue
on 1t at law Judge Miller. however, over
ruled the objection. holding that the ticket
merely guaranteed, the purchaser with a
chance in the distribution of the prizes.
A Subpoena Refused.
Mr.. Hyman 'Sndeavored to get the wit
ness to say that he Gales had sold whis-
ky to Cotton, but the witness stoutly de-
MED ever having snid liquor to Cotton or
to any one elses Mp. Hyman endeavored to
continue such tine bf questioning, when he
was informed by the court that the ques-
tions could not be- admitted. The defend
ants counsel ahen asked for a subpoena
duces tecum for the production of Mr..
"You can have the subpoena said Judge
Miller, 'if youy will stste that you expect
to show by than something In connection
with this alleged sale of lottery tickets, but
not IL for the purpose alone of attempting
to show that the witDass sold liquor
Il decline to state why l wish the SUBJ
poena. your honor" replied Mr. Hyman.
Then" remarked the court, you cam
not have II. And there is no court In the
civilized world that would give you one.
unless you stated what you expected to
show by the books ..ra.- ?. ..-.l .g
Sergt. Daley.
Police Sergt John C. Daley was next
called, and testified that the defendant
while denying having sold Mrs. Brown a
lottery ticket, admitted having sold her
the envelope testified to by her.
After recess Officer Garroway was called
and testified that when taken to the sta
tion house Cotton had tried to conceal
something by throwing it in the water
closet. He had said that II the police had
found what he had in his pockets they
would have had far more serious charge
against him. but he had torn up this evil
had been released on collateral the closet
was searched and fragments Of lottery
tickets were found.
Various Motions.
Mr.. Hyman could not shake this testi-
mony. The witness said that he did not
know what had become of these tickets.
This closed the case Of the prosecution and
Mr.. Hyman renewed his motion to compel
Witness Gales to produce his books. Judge
Miller overruled the motion again.
The attorney then moved to dismiss the
nnrrav Inf n HrSf fhof thn nf
the woman to whom the tickets were sold
was not correctly spelled in the informa-
ton. After a discussion between the court
and the lawyer, Judge Miller directed that
the witness be recalled, and she testified
that her name is spelled "Leana" in Ger
man, but Lena" in English. Upon this
the court dismissed the motion. Mr.. Hy-
man then moved to acquit on the ground
that the information did not describe the
transaction within the terms of the
statutes.
Judge Miller was inclined to think that
the envelopes said to contain checks were
rot devices within the law, until he dis
covered that the statute included the word
Intended" which, he held, sufficient
to bring the check-envelopes into the scope
of the law. Accordingly, he dismissed the
second motion.
MIR. Hyman's third effort to break down
the complaint was based on his plea that
there was no actual lottery proved Judge
Miller said he was inclined to doubt If the
first count could be maintained, for 1t
charged Cotton with selling chance In
lottery whereas covering the check
scheme 1t practically showed him to be
conducting the lottery himself. The en-
velope which Mrs. Brown purchased con-
tanned no ticket or guarantee.
All Of Mr. HHman'a motions were eventu-
ally denied, and he then placed Cotton on
the stand He said that he owns q laundry
on 7th street During the knights Of Pyth-
las encampment his brother, who had come
to the city with the knights, sold him four
envelopes Hewas going up 7th street and
went into Mrs Browns place to buy a col
lar When he, put his hand in his pocket
to get his money he pulled out the en-
velopes.
She asked him to. sell her one of them
and he sold one for 90 cents She tore it
open and 1t contained a slip containing
the words mo good" He declared that
he had been In the habit of drinking in
Gales place, and he offered to prove that
he had got so Trunk thc-c that he coul Int
walk out Hsodenied that he conducted q
lottery or sold lottery tic, cts.
An amusing scene came when Mr.. Null
lowney tried on cross examination to find
out about Gotsop;s record. There had
been a conviction as a result Of which
Cotton paid $40 for striking man.
"You know all about that, Mr.. Mullow-
ney," said Cotton. You know l didn't
strike the man, because you were there at
the time. You know We had all Teen
dyipkip.v