Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-07-30


able to tell fortunes? }. +.
King William county, Va.
The point raised is a very nice one, but
il would require far too much space to
discuss II fully. We have made inquiry
OF the Commissioner Of the Revenue,
and he informs US that ordinarily for
tune teller would not have 10 pay
license-that is, If he or she were not
giving public exhibitions, such as
"seances." ETC.. but where the fortune
telling took the form Of public enter
tainment it would be classified under that
head and should be paid for accordingly.
There was a case somewhat along this
line several months ago which attracted
a great deal Of attention in the Hust-
ings Court. a colored woman, who
claimed peculiar powers as fortune
teller. wizard. etc, was charged with
swindlng a white man out Of several
hundred dollars. The evidence addu-sd
showed that she had paid license as
fortune-teller; that she had voluntarily
agreed to do this, and that in accord
ance with her statements as to her
methods Of doing business, the money
was accepted. She claimed to possess
certain powers as a doctor, and her VIC
tim. who was a sufferer from nervous
disease. secured her services. IL We ac-
curately recall her modus operandi, II
was something like this: She told her
victim that if he would give her certain
amounts of money, which she would sew
| in little bags upon his clothing, he could
be cured Of his complaint. The man ala
this. but when, at later date. he opened
the bags he found that the money which
she pretended to put therein was missing.
The woman was sent to the penitentiary.
Her counsel took an appeal 10 the Su-
preme Court, but a writ of error was
denied. The evidence of larceny was
manifest in tho whole affair.
in this case there was. of course, very
obvious degree Of criminality, and the
verdict was evidently a just one. But
other instances might occur where the
| fraud is by no means so great; where part
or all Of the predictions might come
true. Indeed, it seems TO Us that cases of
this sort must depend upon their own
merits and that no general rules concern
ing them can be laid dowl.
And so it is, too, with the offence OF
obtaining money under false pretences.
The American and English Encyclopedia
of Law has a great deal 10 say upon this
subject. but the following may justify
us in asserting that the section Of the
Code referred TO, at least, does not cover
every case Of fortune telling. If any at all
Mature of the Pretence-EXisting OF
| Past Facts.-TO constitute the crime OF
obtaining money or property by raise
| pretences under the statute, II Is essenta
that the false statement or representa-
ton should be Of an existing or past iact
II the property is parted with on the
inducement of a promise % perform some
act in the future, no criminal ouehce ia
| committed. Within this rule, II person
obtains a note or money on the promis'
To apply II in payment Of another note
then due. the representation Is purely
! promissory and will not support an In
| dictmeut." etc, etc.
Matters OF Opinion-A mere talsehood
! or false assertion, concerning anything
which may be deemed purely matter
| of opinion, Will not expose the person
| making it TO a punishment Tor raise pre-
| fences, especially when the representa- non
is made with reference TO tacis open 10
the present observation Of the person de-
frauded."
We can only reiterate here what we
have so often said before-that II is al
most impossible, within the small space
allowed this column, TO discuss intricate
matters Of law, especially when they In
yolve complicated facts rather than prln-
I ciples or doctrines.