Evening journal., 1911-09-26
SUIT CLUB men
TO GO TO COURT
Judge Cochran Rules That
They Come Within Lottery
Statute
HANDS DOWN OPINION
CONSIDERING CASES

The long delayed decision Of Judge
f. r. Cochran in the cases Of Max
Abramson, Harry Goodman. Max
Korngold and Carmiue Bslascic,
charged with being concerned in
lottery scheme in conducting suit
clubs was given this morning and
each Of the defendants we're held in
$500 bail for the Court of General
Sessions. The decision which applies
to all OF the defendants is that the
clothing clubs as conducted come
within tho statute defining lotteries.
| Judge Cochran's decision is,
"The defendant was arrested on the
charge of conducting lottery. This
lottery is known as a suit club lot
terry. Members joined a club by pay
ing one dollar (S1.00) and certain
weekly payments thereafter. Upon
paving the first dollar member WAS
given a number. OF allowed to choose
a number. Meetings were held at
certain times, and the numbers thus
given voted upon, and the person
whose number received a majority OK
the votes cast. received suit OF
clothes. and his payments theroupon
ceased.
"A lottery has been defined as fol-
lows: Any scheme whereby one on
paying money or other valuable thing
TO another. becomes entitled TO re-
ceive from him such a return in value
or nothing as some formula or chance
may determine bishops Stat
Crimes. Sec. 952.)
"The chance in this case connects
itself with the voting upon the num-
hers given. No one knows when his
number will be successfully voted
upon. but when Il is successful,
voted upon. his payments cease. and
he gets a suit OF clothes. The com.
b mon law took no cognizance OF a lot
terry. II is statutory offence. The
statute in this state, in this case may
be read as follows;
THAT II any person or persons
e shall be concerned in interest T.
r selling or disposing Of any mum
4 Der or numbers by which sue
person or any other person or per
sons promise or guarantee that am
n particular number or numbers. shal
n In the event Of any contingency !
.
3 purchaser or holder to receive none
or property. he, she or they shall
. deemed guilty Of misdemeanor
. REV Code D. 969, Sec. 10
In this case it is claimed. and th
u evidence so proved that the defendan
upon receiving a dollar, promised tha
= = upon the contingency OF certai
number given for said dollar bein
= successfully voted upon. Tat tn
= holder thereof should receive a sui
y Of clothes, and all future payments b
him should then cease
The evidence Of one Robert Nc
Cardle. was as follows: He paid
dollar TO the said defendant. and wa
told that a number would be give
\ him. and at the same time the schem
was explained TO him. and he was tolc
among other things, by the defendant
z that his number would be voted upo
l. at regular meetings. and as soon as
n was successfully voted upon, he woul
d receive a suit of clothes and woul
8 not have TO make any more payment.
"a The witness further testified that hi
5 number was successfully voted upoT
% and he then received a suit of clothe
l. from the defendant and his payment
+, thereupon stopped. The court con
T. siders, in view Of the above TESTIMONY
p that the defendant has been brougf
y within the terms Of the above statute
and IL must therefore hold him fo
the upper court"
Bail was given and the defendant
will fight the case out in the highe
Y court.