The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-12-01
FEDERAL CASE
IN LOTTERY
TRIAL RESTED
Government Unexpectedly
Ends Evidence Against
Mann and Herring.
AIR EAGLES CONTRACT
Details of Deal for Raising
of Funds by 'FroIiCS'
Described.
BY SANDOR S. KLEIN
United Press staff Correspondent

NEW YORK, Dec. 1.-The gov
eminent rested Unexpectedly today
in the lottery trial of Conrad H.
Mann of Kansas City, Frank Her
ing of South Bend, and two code
PENDANTS.
Announcement that the govern
ment had concluded presentation of
its evidence was made by Louis
Mead Treadwell, assistant United
States attorney, after calling his
fifth witness.
During the morning he had
placed on the stand employees of
the printing firm which printed the
tickets used in the alleged lottery
and the express company which
shipped books of the tickets.
A Middletown IN. " policeman
and his wife testified to receiving
a package of tickets shipped by ex-
press from Philadelphia and
Philadelphia youth told of purchas-
ing a ticket, but the defense OBJ
jecetd to this testimony about
500 prize he won on the ticket.
Contract Details Related
Joseph r. Kelley, counsel for
Mann, head of the Fraternal Order
of Eagles, and Herring, editor of the
Eagles magazine, who with two
other defendants are charged with
violating the lottery laws, earlier
completed his cross examination of
Eugene j. Balsiger, first government
witness.
Balsiger, auditor for the bazaar
department of the Eagles, testified
on direct examination that Mann
signed a contract no Dec. 30, 1890,
authorizing Bernard c. Mcclure,
promoter and one of the co-defend-
ants, to promote 'frolics" or dances
in 800 or more "aeries" or local
lodges of the Eagles.
The tickets for these events. the
government maintains, were lottery
tickets and Mann and Herring par
ticipated in the profits of the enter
prise.
Joint Account Maintained
The government brought out these
points through BalSiger::
That $1,759,273 gross was rea-
liked from the sale of tickets.
That the lodges retained Is per
cent, or $439, 1882.
That of the amount sent to the
bazeer department, $1,319,3 58.27. a
total of $407, 1896 was spent for
merchandise given as rewards to
sellers of tickets and $4,000 was set
aside for the cash awards.
These expenditures plue few
others for incidental expenses, in
Guiding $4,000 as salary for Nc
CURE, promoter, left net profit of
about $460,000, which Mann and
Mcclure allegedly divided equally
between them.
Mann's share went into the "con-
tingent reserve fund" a joint &C.
count maintained by Mann and
Herring, the witness said. From
this fund, Mann Withdrew a total
of $131, 22843 and Herring $67, 500.
According to the testimony, the bal
anfe still remains.
Tell of Lake Drawing
Herring, Balsiger said, was en-
titled to one-third of all Manns
profits in the venture under a con-
tract made reconsideration of
(Hering'S) services and assistance
in the conduct and management of
the bazar department"
Over the protest of Max D.
Steuer, counsel for Mcclure and
Walsh, Balsiger described the
drawing for the cash awards aboard
q boat on Lake Erie during the
1881 Eagles convention at Toledo, o.
Mann, Mcguire, Walsh and Her
ing, he said, were present at the
drawing. He told haw Mcclure
took charge of the drawing after a
semblance of order had been OBJ
tanned"
Then, he said, former State SEN
ator Robert Proctor of Elkhart, Ind.
and past grand worthy president of
the Eagles, drew stubs from a huge
cylinder.
In croSS-examination, the defense
sought to establish that Mann was
heSitant to enter into a contract
with Mcclure, but did so only after
he had been advised by Clyde Tay-
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