REPORT OF THE TRIAIi OP CHARLES N. BALDWIN, FOR A LIBEL, XW TUBLISHING, IN THE REPUBLICAN CHRONICLE, CERTAIN CHARGES OF FRAUD AND SWLNDLING, /JV THE MAJVAGEjVEJ^TT OF LO 1.TER1ES IN THE STATE OF NKW-YORK. CONTAIIflNO, ■BHE PDBLICATIONS IN RELATION TO THIS INTERESTING SUBJECT — THE EVIDENCE — THE SPEECHES OF THE COUNSEL ON BOTH SIDES^ AND THE CHARGE OF HIS HON. C. D. COLDKN, MAYOR OP THE CITY OP NEW-YORK, TO THE JURY. THE TRIAL COMMENCED ON TUESDAY THE 10th OP NOVEMBER, AND LASTED UNTIL FRIDAY MORNING 2 o'cLOCK, WHEN THE JURY RETURNED A VERDICT OF <'NOT GUILTY." THE MHOLE BEING TAKEN DOWN IN SHORT HAND, AT THE TRIAL, WITH GREAT ACCURACY, BY H. VV. WARNER, ESQUIRE. PRINTED AND PUBLISHED BY C. N. BALDWIN, CORNER or CHATHAM AND CHAMBER-STRETTS. 1818. Sotilhern District > • ofJVew-Vork, J SS, Be it remembered, that on the seventeenth day of Noventiber, in the fortr-tLfril /tc\ year of the ludep«ndeuce of the United States of America, Charles N. ^ ■ ■' Baldwin, of the said District, hath deposited in IhisOffice tlie title of a book the- right whereof he 'claims as proprieter, in the words following, to wit : " Report of the Trial of Charles \. Baldwin, for a Litjel, in publishing, in the Republican Chronicle, certain charges of Fraud and Swindling, in the Manage- insnt of Lotteries in the stale of New- York. Containing, the publications in rela- tion to this interesting subject — the eviiience — the speeches of-the counsel on both sidtg, and the charge of his Hon. C. D. C'olden, major of the ciiy of New- York, to the Jury. The trial commenced on Tuesday the 10th of November, and lasted until Fiidav morning 2 o'clock, when the Jury returned a Verdict of " :\ot Guiliy." The whole being taken down in short hand, at the trial, with great accuracy, by H. W. Warner, Esquire." In conformity to the Act of the Congress of the United States, entitled, " An Act for the Encouragement of Learning, by securing the copies of Maps, Charts, , and iiooks, to the Authors and Proprieiors of such copies, during the time therein nierlioned :" and also to an Act entitled " Ap Act, Supplementary to an Act, en- titled * An Act for the Encouragement of Learning, by securing the copies of Maps, Charts and Books, to the Authors and Propriwlois of such copies, during the limes tiierein mentioned,' and extending the benefit!^ thereof to the arts of de- ei'gaiug, engraving, and etching historical and other prints." JAMES DILL, Clerk qfthe Southern District ofjfcw- York^ INTRODUCTION. Containing a brief account of the causes which led to the detection of Lottery frauds, and to our trial for a libel. We live in an age of new inventions, and new (dis- coveries. A set of sober industrious mechanics have \ate\y been detected, in the neighborhood of Lofjdon, in a conspiracy to rob their neighbors. Calculating on their snfety from situation, they felt secure thai their honest and industrious demeanor by day,, would screen them from suspicion of robbery by ?tight. But like most rogues who have relied on situation as a screen^ they were protected only for a time, and very soon, that situation on which they relied, became not a screen to hide their crimes, but an index to point at them. Having procured money beyond the means of ordinary mechanics, and showing out to their neighbors a splen- dor beyond their situation — it was their situation, con- nected with that splendor, which first awakened sus- picion; suspicion led to investigation — investigation to detection — and detection to punishment — ;just as in the case of the lotteries. And thus it often pleases Providence to use the means on which wicked men rely for protection, to draw down upon their heads the very punishment they wish to elude. The history of the lottery frauds which have been practised for years, in our city, and the history of the manner in which these frauds have been detected, would be not only interesting but instructing to every attentive and reflecting reader. Neither our time, nor the limits to which we are prescribed, will permit us to enter minutely upon these histories. It must there- fore suflice for us, on this head to say that the disclo- sures made by the witnesses at the trial, here published, prove that this community, where tickets have been sold to a greater extent and number, than in any other iy. INTRODUCTION. part of the world ; the honest and unsuspecting peo- ple have been swindled almost beyond the possibility of calculation. And it is a curious fact that the fraud was so deeply hid, and artfully played off under the cloak of a benevolent Jew — and an uncommonly pious Chris- tian — that both Jews and Christians have been mor- tified if not disgraced by the trick. It is no wonder that Managers should have been de- ceived by such deep and cunning hypocricy; and it is equally natural that the people themselves, whose cause we have espoused, should be our prosecutors in a criminal court for daring to asperse the characters of such exemplary men as Mr. Sickles and Mr. Judah. Indeed, we ourselves, although our senses informed us of the fact, could hardly believe it possible, that these men were indeed the agents behind the curtain who managed the frauds which we knew must necessa- rily exist Having received information that a number had come out of our lottery-wheel in pursuance of a dream — and "that the ticket on examination appeared to be soiled, we resolved to investigate it. Having been long con- versant with lotteries, we were at no loss to find sources of information ; and being in the confidence of lottery insurers, disclosures were made us which perhaps would not have been lisped to any person else. Hav- ing well understood the whole history of No, 1 5468 as hereinafter unfolded, and being convinced that the fraud was no little babe of this lottery, but on the con- trary a most impudent knave, almost old enough to have a beard, we resolved to draw it forth to public view. And here we confess we had a trial of the most painful nature. We knew we were about to prefer a charge of fraud upon two citizens whom we long had . loved, and whose friends and coimexions were highly esteemed and respected in this community. We also knew that the disclosure might be injurious to the ven- ders of lottery tickets, as well as to insurers, to some ©fwhomwewere indebted for our information upon I INTRODUCTION. v. this subject. As to reform on the part of the Managers it was hopeless, unless by the explosion which we w^ere about to create. And therefore with the sole view of producing this reform, we resolved, from the watch-tower of our Press, to sound the alarm, both to the people and our magistracy. We accordingly, on the 16th day of Sept. 1818, published in the Chroni- cle the following paragraph : — CITIZENS, LOOK OUT. It is a fact that in tliis present Lottery now drawing in our cil}', there is Swindling in the manatjement. A certain jjentleman in town re- ceived Intimation last week tiiat a number uamcd would be drawn on Friday Jast ! and it was drmrn that day! The number was insured high in several diflferent places. A similar thing had happened once before in this same lottery : and on examining the manager's files, the number appeared soiled hs if it had been in the pocket several days ! If this be true, and we vouch for it, it may be previously known who shall have the 100,000 dollars in this Lottery. It deserves immediate invcsti- gation by our magistrates. Immediately on the appearance of the above, and within an hour after the publication, Mr. Judah, whose name had not been hinted at in the paragraph, in company with a friend, came to our office foaming with apparent rage. His whole anxiety seemed to be on account of the reputation of the Managers, and not at all for himself Hepronouncee floor picks them up — throws them into the wheel again, and manages diem with all the non-chalance of a boy playing with useless rolls of paper. It will readily be perceived that when a handful of tljese rolls are put into a sub-manager's lap, it would be no difficult matter for him to con- ceal one of them, and after carrying it a iow days in his pocket, call it against the stationary prize of .'^35,000, or $70,000, or any other sta- kionary prize he pleased. And it will also occur to our minds, that he n)ight be tempted to do this, either by the hope of buying a ticket of that number in the market, or by the certaintij of gain from insurance on that number, at the diflerent insurance offices in the city, for a par- iicular day ! From the neglect of our managers to adopt the European manner, very alarming accidents have several times happened, to the knowledge of the managers themselves; and it is somewhat a matter of surprise, that with all that their experience \ms taught them, they should still be so very careless as they are in the management of the number- wheel. At one lottery, a little boy was detected in the fact of having con- cealed a number, which he had received from his master, who was an insurer, and who had been employed to make up the tickets: /or;the wheel, as JMr. Sickles was to make up the tickets for the present wheel. At another, a little boy was bribed to conceal a number, which after- wards it appeard, wnsinsttred in the city, and the man being detected ■fey the information of the boi/, was exposed by the managers, and his project defeated. At another lottery, the drawing had closed, when a clerk infi)rmed the managers that No. 17 was not yet called — but the managers settled the hash quickly, by one's calling i\o. 17 — and the other's answering " blank /'^ In that instance. No. 17 had most likely been taken out of the wheel for some villanous purpose, and the owner certainly was deprived of his chance for the high prize by somebody. Many similar accidents have happened, and it is very strange that the wheel still is managed in the same harum-scarum and careless manner. The very day when Mr. Denniston drew the stationary $35,000, in ilie Owego Lottery, Mr. Sickles drew the number in a very improper manner. He put his own hand in the wheel, and took out the numben It is true the boy was, by some reason or other, absent, but we object t© tlio manner ! lie has managed in a way more m;>rojy«* at other times, by taking out a handful, and opening them from his lap. And here we entreat the managers, forthwith, to adopt the European mode in all respects — it will prevent accidents and strange suspicions. It is for llif se reasojis that we are now making these statements. We do not wish to aciirrsu iMr. John H. Sickles, er Mr. NaphuU Judah, or Master INTRODUCTION. j^ John Ten Brook. If it be true that Mr. Sickles is, or was^ up to the 9th day, the only substitute at the H«7n6er-\vheel ; that Master Ten Brook, his Grandson, draws the numbers from that wheel, that Mr. Judah received an anowy wows letter informing him that No. 15,468 would come out on that day — that Mr. .ludah, acting on the faith of that letter, insured several thousand dollars on that number — that the number did eome out that day — that it was soiled as if the number had been worn in the pocket — and is not soiled now — then we say there has been swindling in the management of this lottery somewhere ! And it is high time for the public to look to it ! The certificates of the managers, the affidavits of Alessrs. Sickles, Judah, and Ten Brook, to the contrary notwithstanding.' We now proceed to the particular facts relating to our charge against the management of the present lottery. On the morning of the drawing of the fifth day, the No. 3,865 had been insured at the different lottery oflices in this city for large sums. On the day of the drawing, that number came out, and the insurers found themselves severely touched, though no one as yet had any fixed suspicion of foul play. A similar fate happened to the No. 30 on the drawing of the seventh day. And the suspicion of one gentleman began to be excited to such a degree, that he was resolved to watch the management at the wheel with his own eye. It was perceived by the different offices, that on the 9th day, which was Friday the 1 1th instant, there was a great run for the insurance on one particular number, to wit, 15,468. At the drawings the managers are in the habit of calling one hundred numbers, and then stopping for a (ew moments to rest. The first and second hundred of this day, had already been drawn out of the wheel, and after resting, the managers proceeded to the third hundred. Here it was seen by an eye that watched the wheel closely, that Master Ten Brook put three numbers at once into the lap of Mr. Sickles, and the three hundred and fourth number was called, apparently "Without any communication with the wheel. That number loas 15,468 .' The gentleman who watched, as soon as he heard the call 15,000, started, and prophecied it to be the fatal number 15,468. Nothing more was said at the time, and the drawing closed. Two gentlemen were now deputed to examine the files. They did so, and reported that the number was soiled as if it had been worn in the pocket. Another examination took place in the presence of eleven different people, and it was then discovered that, not only No. 15,468 was soiled, but also, the No. 30, drawn on the 7th day, and No. 3,865, drawn on the 5th day. Mr. Gilchrist was present at those examinations, and he was particularly careful that no one should touch the files but himself. He knows the numbers rcere soiled, and particularly No. 8,865 was almost the color of dirt ; No. 30 was less soiled, but No. 15,468 was so plainly soiled, that every person present pronounced it to have been dirtied by carrying in a pocket. We will now turn our attention to some facts which induced \\% to believe that it was known, at least, to one man beforehand, that thosA numbers would come out the days in which they made their appearance respectively. We forbear to make «ny remarks at nvesont. «n fkc X INTRODUCTION. certiCjcatc oMlie niananrers published yesterday, accompanied by the affidavits of Mr. Sickles, Mr. Ten Brook, and Mr. Jiidah. We only say tiiut if the tickets are now white, we can show tliat it is a further ^nmnd for still greater suspicion — and we think we can prove ic/io it is liiat lias made them white. And here we beg the managers to keep the keys of the lottery room in their own hands. That room ou<:ht never to be opened but I)y one of tlie sworn mnnoffcrs appointed ht/ law ! No 5Ml)-inanaGfpr shonKI have free access to it ulone! Lotteries are very templinj; and drino^crous things ! Experience teaches us that they can- not be \oo pru(}p.nthi guarded at every point, against the possibility of fraud, for all men are not honest that .sTf w so ! When the insurers out doors came to make enquiries who it was th.at had insured so highly on No. Ij.^GS, it was discovered to be JMr. Thorne, a gentleman who kec|;sa Portcr-f louse in Hudson-street, and the statement he is ready to make under his oarh is as follows : On the morning of Friday the lull instant, iMr. Judali called at his house very earl ij in the morning, and expressed a wish that he should procure insurance for hira on No. ]r),-4()8 — and wished him to get as large sums upon ii as could be had. He was very particular as to that number — so very particular about it, that Mr. Thorne asked why his directions were so strict as to that num- ber. Mr. Judah informed him, that he had had a remarkable dream about that number — that he had beard the number called in his sleep, and dreamed he was at the City Hall when he heard it called. In con- sequence of these directions, Mr. Thorne, with the money of Mr. Judah (w!i() is himself an insurer) went to the difierent offices and procured policies to the amount of two thousand three hundred dollars, and up- wards ! Mr. Thorne, also, saw on the files of the managers the iwVeri tickets, which the managers say are now white — and this fact, he, with many others, is ready to verify on oath, whenevei called on in a proper wav. He was so sensible of the fraud, that when Mr. Jndah called on him for the policies, he refused to give them up. We now state, that at a meeting of loftfM-y venders, called on this subject, Mr. Judah asserted, that he had leceived intimation that No. 15,4GS would come out — not from his own dream — but from the dream of some other dreamer, by means of an anonymous letter. He swears to this fact in his allidavit of yesterday. This letter informed Mr. Judah, that the writer had (Ireame.'l this number would come out, and as he was " a very benevo- lent good man, and did a great deal for the poor,'" the secret was com- municated to him coupled with earnest adxncc to insure on that number for himself. So by way of showing h\s faith in this dream, and his great goodness lothe i)oor, Mr. Judah went to work to get two thousand tiircc hundred dollars and upwards, out of the poor insurers, whom he pointed out to Mr. Thorne ! It was, however, agreed, at the meeting of the venders of lottery tickets, that there was fraud — the insured offered up his policies, and the insurers returned the premium. It may be matter of surprise to some, that those insurers should, mar.y of them, within three days altcr- wards, certify that this lottery, in their opinion, was the '• fairest drawn loiievy in the union." But when we remember that they were greatly jmjvoriiincd to do so, and were deeply interested in the sale and iusur- INTRODUCTiaN. xi ance of tickets, we can easily imagine that they should si;^n that certi- ficate — for the present moment. When we asserted that there was swinilli;)<,r in the management of this lottery, we believed so. When we certified that the puhlicatioii was" inadvertent,'- we oidy meant that it was so inasmiicli as our charges seemed to apply to Doctor ?»iilche!J and (General Johnson, when it was only intended to apply to the under management — and therefore, without retracting any thinsj, we published our certificate acquitting thcin, and stating '• that the attair of the insur- ance had been satisfactorily arranged." We have kept back our state- ment till to-day. fur the purpose of hearing the result of the manacers' investiga'ion. We have much more circunisl.mtial evidence, and when our story is fully heard, we think the ()ublic can easily account for the peculiar distribution of sut into the wheel,) on the shelves of the room where G. Si, fl. Waite's bookbinder works? as appears is the case, from G. & K. Waite's certificate, who printed those numbers, which is as follows : — " Wc certify, that the numbers for the lottery wheel, which is furnished for the Fifth Medical Science Lottery, have been printed about {) or 9 years, and have constantly laid on the shelves of the loom where our bookbinder works. G. & R. WAITE." On the next Monday after the said number came up, I caused a meeting of the gentlemen concerned, and then showed them the anonymous letter I bad received, and informed them 1 had taken that number in consequence of that letter; but tb.it if there was the least suspicion about it, I would not take one dollar for a thou- sand. 1 then abandoned the insurance, and returned the amount to those who had settled. An additional motive for this course, was my desire to remain on good terms with the gentlemen comj)rising those oiTices that I do business with. Those gentlemen were all satisfied as to my conduct, and deputed Mr. Buitus to communicate the same to me and my friend. Captain Myers, whom 1 requesle'd might be present at the meeting. That communication was in these words : — Mr. N. JvDAH, mw-York, i 1th Sept. 1818. Dear sir — The following is a copy of a letter sent to your friend, Captain M. Myers. Respectfully yours, JAMES A. BURTUS. Captain M. Myehs, Kero-York, Sept. 15, 1818. Dear sir — The explanation made by Mr. N. Judah, at the meet- JMg of the Lottery-Ofllce keepers, yesterday, was perfectly satis- factory to all concerned, and Mr. Judah was exoneratod from all improprietY of conduct. Respectfully your's, inbehalf of the meet- ,ni. JAMES A. BURTUS.* ♦ When tliis letter was iiritlen by Mr, Burlus, he had been greatly iinporluned by Mr SiiMt ai:J Lis i"nci:Js u. say somcihir,^ Uj allay ihe fetliagi of Mr. Juilali. Mr- J . iwoie LNTRODUCTION. xv But, after all, to show the little confidence I placed in the ano- uymous letter, I refer to the following aifidavit of Mr. Hart, from which it wi:l appear that he, acting as my clerk, was not prohibited from taking that identical number from the ditlcrent offices, nor li- iiiiltod in the amount to be taken on it — he miglit have taken it for tiiroc times the amount that 1 had caused it to be insured for, as jiothing is more common, when one person runs a number, for others to do the same. City and County of New- York, ss. Leon Hart of the said city, the sole clerk at the office of Mr. Ju- dab, being duly sworn, doth depose and say, in the presence of Al- nii^i)ty God, that when he went to the City-Hall, in order to get the numbers from the different offices, that neither Mr. .Tudah nor any other person gave him directions not to take No. 15,468 — he did take all that was given him on the said number, and would have taken as much upon that number as upon any other number, and fur- ther (his deponent saith not, LEON HART. Sworn this 25th day of September 1818. ISAAC ADRIANCE, Notary Public. On the same day that this said publication appeared in the Chron- icle, but, after the paper was published, another examination of the files took place, in consequence of an agreement made the day pre- vious by and between the managers on the one part, and Mr. Bald- win on the other. This examination took place according to said agrp.ement, in presence of the manager.? and several other persons — and Joseph D. Fay, esq. the counsel of Mr. Baldwin, and Jeremiah 1. Drake, and Moses Allen, esqrg. were chosen to critically examine and report their opinion as to the apjiearance and character of the said suspected number. I'he two last mentioned gentlemen were of the same opinion as the manna-ers, that No. 15,4G8, showed no indication of being soiled by wearing in the pocket, but Mr. Fay thought otherwise, whereupon, the managers took that number, to- gether with the rest that were on the same file, being about 150 in all, and placed them on a tal)le, with the numbers downwards, and re- quested Mr. J. D. Fay to pick it out, who after examining for up- wards of one half hour, could not locale on the said nimiber. In ad- dition to the foregoing statement, I submit to the dispassionate con- sideration of the public, the following certificates and affidavits : *#* We the undersigned, venders ot lottery tickets, having seen, with jegret, a certain communication, tending to bring our state lotteries into disrepute, have no hesitation in expi'cssing our fullest confidence in the integrity of the managers of said lottery. We, therefore, assure our distant corresjjondents, that no Lotterj' hr was iiiiioiciil, and haviiii^iriven up (he iiolicie?, the iwilie.s iiisiiiinj; roulcl df -tio lew l!i!in to SHV " thai was jx-ifoctlv sntisfacloij- to all ed ctur weapon To puriy with our oppDiieiiis — but wc never sheathed it. We ha-.e been indicted---we have widuredthe laljor, the expense, and the ignoiiiiny of a criminal pi-osecutiou, for unfoldinp; So thif state, most interesting trutli— but our acqniit.d is triutnphant— for truth is great, j»r>d will prevail, especiallyin ourhappy to;:ntry, where wc have magi-^tratesincori-uptiblfi Jttid ju.'-irs that are iiO-n.-( TRIAL, &c. GENERAL SESSIONS, ss. COURT MET ON TUESDAY, NOV. 10, 1818, PURSUANT TO ADJOURNMENT. Presentj The n ON. Cadwallader D. Golden, Mayor of the City of Ntto-York. George B. Thorpe, > Aldermen. Reuben Muxson, Lsqs, 3 COUNSEL. For the Prosecution. ' For the Defendant. V.C.\.K^^WycK,Dis.At. Joseph D. Fay, John Wells, & Josiah O. Hoffman, «fe Peter A. Jay, Esqrs. David B. Ogde\, Esqr?. JURORS. Jacob Vanderpool, Israel Purdy, James W. Rorinsox, John Good, Harman Shatzel, Nathan Robbins, Isaac Collins, Oliver Vanderbelt, Grove Wright, Edward Arrows jiith,. Isaac Burr, Jun. Edward Hiqgins. The People, ^ vs. > Indictment for a Libel. Charles N. Baldwin. ) The District Attorney not appearing in court when the cause was called, Mr. Jay opened the indictment very briefly to the jury. He said the defendant was the editor of a public news- paper, printed in the city of New- York, called the Republican Chronicle and City Advertiser, in which, on the 19th and 23d of September last, two publications had been made which were, by the indictment, considered libellous in regard to the mana- gers and other persons concerned in the drawing of the 5t|i Class of the Medical Science Lottery ; and that those libels inV ^ 24 volved not only the interests of personal reputation, hut those also of the revenue of the state. He told the jury that Mr. Bal'Uvin had souj^ht the prosecution, and had pledged himself to make good the charges he had published. He would now have an opportunity of doing so if it was in his power. And should those charges be established, he said the jury w^ould of course acquit the dcfendent. Mr. Jay theroduced no a'^tempt on the part of our managers, towards reforming the mode of making up the numbers for the wheels, and the manner of drawing those numbers /row the wheels. We shall be able, in the course of our defence, to prove, that, at another Lottery drawn in this city a year or two since, some des- perate adventurer attempted to bribe the boy atthe number-wheel to give him a number out of the wheel secretly. The boy happen- ed here to be an honest lad ; and, as in duty bound, he informed the managers of this attempt. The managers thought proper to take a number of that wheel, to give it to that boy, and instructed him to give it to the man who had offered to bribe him. He did so. The man took a memorandum of the number; returned the number to the boy; and desired him to call the Humber, as if from the wheel, at the ensuing day's drawing. The man went immediately to the different offices, exactly as Mr. Judah did, to make insurances on this number: and, no doubt, he knew it would be called at the en- suing day, just as well as if he had been inspired by a dream, or in- structed by an anonymous letter. In this case, however, the inspi- ration was communicated as well to insurers as to the man ; and he was, on that account, able to effect but small insurance. On the expected day the man was called out from the crowd ; and he and his nefarious scheme publicly exposed by the managers. But, was he indicted by those managers ? No. Was he in any legal way pun- ished ? No. Did this discovery induce the managers to take a sin- gle step for preventing a repetition of such attempts ? No. Did it produce any reformation in their mode of drawing ? Not any. What became of the number taken out of that wheel? did they put it back again ? No ; but they made a new correspondent number, and put that in the wheel. in another Lottery, one of the managers, after the drawing of a certain day was completed^ retired to his lodgings ; and in the even- ing, on opening his vest, very much to his astonishment, a ticket loHe^ forth fiom his bosorn- This happened to Mr. Kentj the bre- 27 iher of our Chancellor, a geatleman against whose spoJless integfity it is impossible for one moment to entertain the sliirhtest suspicion. But, how came that ticket in his bosom ? Who placed it there ? Conjecture ran on various sabject? : some said one thing, some an- other ; but it was finally concluded, that some person, for a fraudu- lent purpose, had obtained possession of that number, and wishing it to be called on that day, had, intending to throw it into the lap of the manager next to the wheel, missed bis aim, and thrown it into the bosom of Mr. Kent! But, lap or bosom, no matter how it was done, or for what fraudulent purpose, alarming as it was that such things should be, it passed off like all its fellow-accidents, only emboldening villany to make new attempts ; but producing no at- tempts towards a reform in the mode of conducting our Lottery wheels. We shall also give, in evidence, in the course of this defence, that, at another Lottery, ten tickets were said to have been missing out of the number wheel during the whole drawing, until the last day. Those tickets had been found in a crack of the floor ; and what is more, Gentlemen, the} were found by Mr. Sickles, as will ap- pear from his own oath before the late Grand Jury. And what is still more, it will appear that none of the managers ever heard any thing about the strange affair until it came from that oath of Mr. Sickles. And worse and worse, Gentlemen, it will app-ar, that no one but Mr Sickles himself can inform us how those tickets were replaced in the wheels. And is it to be believed, that all this can happen, connected with the dreams of Judah, the insu- rance, the successful hits, the soiled tickets, and all the foul play connected with them, and yet Mr. Baldwin be criminal for daring to say there is swindling in the management of our Lotteries some- where ? Ten tickets in a crack! How came they there? How came Mr. Sickles to be the very fortunate finder of those tickets ? How came it, that a circumstance so very extraordinary, and so im- portant, was carefully concealed from the managers of our Lottery ? Be assured. Gentlemen, that it is no common accident, which takes ten tickets out of the number-wheel of a Lottery, and places them in a crack of a stage floor, under a carpet, and near the seat which Air. Sickles occupies at the drawing of the Lottery. If he is faith- ful, how could such things happen ? If he is honest, why conceal them from the managers ? But, Gentlemen, when you shall be in- formed, as our evidence will show, that the numbers of those tickets were known to Mr. Judah, and others out-doors; that prophecies, dreams, and inspirations were abroad in this community about them ; and still more, when you shall learn that those very numbers could not be called by Sickles, because a watch was very unexpectedly placed at his elbow, and a ring of men formed around him to pre- vent expected frauds concerning those very numbers ; you will do longer be at a loss to account for tickets being soiled, as if worn in the pocket ; and the whole mystery of Mr. Judah's prophetic dreami. and splendid successes, is wholly unravelled, and satisfactorily ex- 28 plained. How can such things happen, and yet Mr. Sickles and Mr. Judab be the honest men they claim to be ? Mr. Sickles is the man to guard the wheel ; he is the only manager who takes the numbers as they come from the wheel ; he makes up the numbers, and puta them in the wheel ; he has made up the wheels for all our lotteries for ten years past ; and let him inform us satisfactorily if he can. If he puts all the numbers in the wheels, and the managers lock them up, so that none can come out of the wheels unfairly, how is it that they do get out, ten at a time, Gentlemen ? How prophecies, dreams, and anonymous letters circulate about this insulted, this robbed community, foretelling, with all the accuracy of inspiration, the very hour of their coming ! And why, suffer me so ask those managers, who have certified to this community that these ticketa were not soiled ; who have certified that there was 710 fraud ; why is it that Mr. Baldwin should be indicted for a malicious libel, because he honestly and bluntly diff red from them in opinion about facts so condemning as thtse we have before us ? And how is it that all these wonderful events should pass under the watchful adminis- tration of faithful managers, " like summer clouds without their special wonder," and not produce on their part one single step to- wards a reformation in their mode of conducting the lotteries of our state ? It is a fact too well known to require any evidence on the subject, that the carelesness of the boy and of the sub-managers at the wheel, has long existed so conspicuously as to excite the surprise as well as censure of every body, the managers excepted. They have drop- ped numbers on the floor so repeatedly as almost to induce a belief that it was done with some design. They have tal'en numbers time after time from the floor, and put them again into the wheel ; and they have picked up numbers from the floor, and I venture to say, called them as from the wheel ; though they never aycre m the wheel. Mr. Sickles takes numbers, two, three, and sometimes literally a handful from the wheel, and places them helter-skelter in his lap, covered with a handkerchief, the tickets open ; and thus he calls thorn, not according to the fair chances of the wheel, but according as he pleases to select theai from his lap ! Is it not astonishing to this community, that all this monstrous conduct should be permitted to pass for years under the eyes and noses of our managers without producing one step on their part towards a reformation in their mode of drawing? Nay, Gentlemen, we will prove to you that the mode of drawing, instead of being reformed, has been of late years altered, and much for the worse ; that the facilities to fraud are at this day much greater than they have been under former managers. In the late class of Medical Science, Judah insured tickets which we will prove to yoc lie knew were not in the lottery-wheel. And, again, he hired agents to fleece the insurers, by obtaining insurance on tickets which he knew, by the conspiracy between him and Sic- kles, were to be called on the day insured against ; by which corrupt and fraudulent means he made hits so very extraordinary as to con- 29 vince all the J^oWery Officers that he was aided by jometlnng more Ithan the mere chances of the wheels. All this while tSh: Sickles and he were very intimate. Mr. Sickles, the sub-manager, as he is called, but, in truth, Gentlemen, he is the sole manager in ail things ; he and Judah were every day together, morning and even- ing. Sickles read the papers at his office daily ; tiiey were closet- ed together; and their business, no doubt, Gentlemen, was pecu- liarly interesting to them both. Why were they together, han4 and glove, whispering in secrecy ? What special reason would there be for this brotherly connexion between this benevolent Jew, and this pious Christian, in lottery business? \ ou shall soon know, , Gentlemen. For if our witnesses have not been bribed, or threat- ened out of the reach of this Court's process ; if they this day shall dare to tell the truth ; (and I pray that the God of truth may inspire them with courage and virtue to speak truth ;) they will in one hour unfold to you all, a train of interesting facts wliich will explain all the mysteries of Judah's dreams, aud excite the surprise, wonder, and indignation of this community. One thing, Gentlemeu, 1 am sure, we shall prove, that wherever Mr. Sickles has been scetJ to whisper unusually often, there for- tune has dropped her favours with uncommon profusion. To Mr. .ludah she has thrown her gifts to an extent brilliant beyond exam- ple : not, indeed, in the way of prizes, but in the way of frequent hits against his brother insurers, pointed out by dreams, inspirations, and aaonymous letters. Magic has been at work for him; and tu us, poor mortals, who could not see his wire workers behind the curtain, it really seemed as if he were favoured by supernatural assistance. To Mr. Denniston, who could not well play at insurance, and who was also seen to jyhisper with Mr. Sickles, kind fortune has given the Owego prize of 35,t)00 dollars, unless report be true that Mr. Sickles owned the half of it. To Mr. Isaac Ogden, the broker in Wall-street, and a large con- tractor for Owego tickets, a gentleman with whom Mr. Sickles was all at once on a whisperitig footing, fortune became suddenly so pro- fuse as to throw into his lap one prize of 70,0U0 dollars, a stationary prize. Gentlemen ; several other stationary prizes, and about six hundred thirty-dollar prizes, by way of selling off his tickets to ad- vantage. And all things considered. Gentlemen, it is strange that fortune should dispense her gifts thus splendidly, not through the prize-wheel, where she was blind, but through the other wheel, \vhere, by the aid of Mr. Sickles, her eyes seemed to be wide open. Indeed, it was only stationary prizes which Mr. Sickles could catch — ^for, skilled as he is in the game, it does not yet appear that he has learned to catch a floating prize. That's a game beyond the reach even of /its art. When ticket No. Ic'i468 made its ever-memorable appearance in this Medical Lottery, Mr. .lansen (a gentleman who will hereafter testify in our behalf") saw certain peculiarities attending that num- ber, which he thwught indicated indubitable evidence of fraud. To 30 explain myself to your comprehension on this point, I must hexe make you acquainted with tlie mode of drawing, and the manner of keeping what the clerks call slips, or accounts of numbers as they come from the wheel. [Here Mr. Fay gave a full and clear account of the slips, the black marks made on thein under every 100 numbers drawn at the drawings, and the manner of drawing 100 at a time, and then ."^top- ping to rest. He then proceeded as follows :] Mr. Jarisen remarked tiiat No. 15,463 came out nearly the first in a certain hundred, and was immediately under a black mark. On turning back to examine le which Mr. Baldwin has pursued. No sub- foct is so generally interesting to the people of the United States, as the faiihful,u(iright,and correct management of our lottery wheels. There is bardl} a citizen from one end of the Union to the other, who is not at limes, an adventurer for the tempting prizes which fortune promises through lottery chances. He therefoie who sees any evidence of a fraud about a lottery wheel, and winks at it, or passes it ov^r in silence, no matter from what motive, whether of hope ot, fear, merits public CBNSUKE. And by the same inierring rule, the good man who encoin> ters dangers, and grapples with the fraud to hold it up to public igno- miny merits public pp.aise. Indeed, Mr. Baldwin's independent course, in Roman and Grecian days would have met with a sure reward of public honors. The crimes wliich he has exposed, lay heavy on our whole city. The evils which he has already remedied, and which his exposure will continue to re- medy to the remotest time, entitles him to the name of public benefac- ■; DR.. Those who have heretofore held tickets in our lotteries, have for sears past had no fair chance for the high slutionary prizes for whidi iliey hove adventured. Our citizens have been swindled to an extent b-'yond all calculation. Hereafter, thanks, to Mr. Baldwin, wc shall have our chances in common with other men, dreamers or not dreamers; and let me therefore hope that you will not merely acquit Mr. IVildwin, but that yon will acquit him with all the honors that can br imparted in a court of justice. And may all who this day hear his defence — aud all men who may hereafter understand it, acknowledge him as the champion ofthe people's rights — and let hira be known as 33 tbe daring reformer of tliose lottery frauds which have for years festered in our country. He merits not an indictment — but praises — not punish- ment — but a laurel — and every honest man in our city — every honest man in this state oujrht to give him thanks. The defendant's counsel then ordered sweral witriesses to be called on the j)art of the defendant. Among others, Conrad Brooks, Jackson Haines, James A. Burtas, and Abraham P. Brower, were called and did not ajipear. And it having beeu suggested that these witnesses had resolved to absent themselves from the trial, notwithstanding the process of (he court had been duly served upon them, Mr. Fay moved his honor the Mayor for an order rn the cause, to send an officer for them, to compel their attendance. The court declined making such order, and said they had no power to proceed in that way; but -were will- ing to exert such powers as they possessed to bring the wit- nesses up, and proposed to send an officer in the first instance to notify them that they must attend. Mr. Hoffinan observed that he had known a compulsory order granted in like circumstances, in a criminal prosecution. Mr. Fay said, there were very im- piortant witnesses who would never testify in this cause, if they could avoid it. He therefore desired a compulsory order. The court again expressed a disposition to exercise the utmost au- thority which really belonged to them in the case ; and said the ^nly question was, whether they had the right to make such order as was desired. They stated the practice in trials for misdemeanor like this, to be, not to attach the defaulter in the first instance, but to cite him to show cause why an attachment should not issue a jainst him. The witnesses were not yet to be deemed criminal. At length, upon the suggestion of his honor the Mayor, an affidavit was made and filed, proving the service of the subpoenas ; and thereupon, an order was entered against (he absent witnesses above named, requiring ihem, forthwith, to apjjear, or show cause why they should not be attached ; and an officer was sent to serve a copy of the order. Thotnas W. Thorne was then sworn as a witness for the de- fendant, and examined by Mr. Hoffman. Q. Where do you live ? A. At (he corner of Hudson and Reed-slreet*!. Q. Did Mr. Judah ever call on you in relation to the insur- ance of one ot more tickets, in the present class of the Medical Science Lottery ? A. Yes, on the 11th of Septemlicr last. Q. At what lime of day ? A. Very early— I was in bed — Mi\ Moses called me up t* see hijB. 34 Q. WfaatdidMr. Judahsay toyou ? A. He bade me eood morning, and requested me to go and get a number insured for him. I asked him what number. He said he had had a dream. Q. And what was that ? A. Why, he had dreamed that he was in the City Hall, and heard a number called, and he immediately clapped his fin- ger on the lotterv bonk. Q. What number? A. 154G8. Q. He dreamed he heard it called, and put his finger on it ? A. Yes. And being waked by the circumstance, he said he afterwards fell asleep a second tmic and dreamed the same thing again. Q. An 1 did you agree to get insurance for him on that num- ber ? A. Yes. Mr. Judah made out a list of the offices where I was to insure, and the several amounts. Q. How much in all ? A. ^2600- He paid me the premium money, and I got the insurances eifccted according to his directions, excepting as to one office. Q. Were you interested with him ? A. He told me I might have part with him, as much as 1 pleased, by paying my proportion of the premium. 1 agreed t« take $250 out of the $2600. He gave me $1 10 to pay the pre- miums. Q. Did he say he bad himself had the dream ? A. He did. He spoke of no other dream but his own, t» my knowledge. Q. Why did he tell you to apply at particular offices ? A. So that they might not come back on him. That is what he said. Q. You took $250. A. Yes. But 1 afterwards let Mr. Moses have one half of this, on paying his part of the premium. After I had cfFortod the policies, Mr. Moses wished to have move insured on th'' '-;:me number. We agreed that Judah was a lucky man. I off red to get insurance on some of the numbers above or below 15468, but thought there was enough on that already. Moses said he would'nt give a fig for any other number in the book. Q. He said he would'nt give a fig for any other ? A. Yes. For he said Judah dreamed of a number in (he last lottery, and it came out; and I afterwards took $100 >r.ore jointly with him on the same number, and some small ai-aounts had been previously taken on my own separate account , so that my entii'c interest in the number was$260. 35 Q. Did the ticket come out? A. Yes. Q. And what did you think of Judal;'s dream then ? A. I wondered how a man could dream as he did. "When I was lold it was out, 1 said, '" My God, how is it possible a man can go to bed and dream himself into a small fortune before morning." Q. Did you see Moses again after the d-iawing that day ? A. Yes. Me came in afterwards. Q. And what did you say to him ? A. I said, well Mr. Moses, we have hit 'em. He answered coolly, yes — and nothing more was said. In a short lime Mr. Judah came in. Q. You had heard of the suspicions about the fairness of the drawing before this ? A. Yes. Q. Well, what passed with Mr. Judah? A. lie took hold of my hand and shook it heartily and said, well, we've hit 'em. There were then several persons present. I told him, that might be a very friendly shake, but that I didn't take it so. Mr. J. requested an explanation, and took hic one side. We went out of doors. I informed him that the insurers suspected that all was not fair. He said he would blow out the brains of any man who should dare to say any thing against his innocence, or something to that effect. He said the insurers objected on account of their having to pay their hits ; but that he'd make the rascals pay. Q. Did you attend the meeting of the insurers the next morn- ing ? A. I did. They all came to the Hall and examined the ticket. Q. And what was the result ? A. Every man agreed that the ticket was soiled. Q. Who was present at that examination ? A. There were ten or eleven present. Q. All insurers? A. Two or three of them, I believe, were not, Q. From your own examination, was it soiled or not ? A. 1 think it was — a space about three quarters of an inch broad across the ticket — and a yellow spot on the corner. Q. What was the number you examined ? A. 15468. All agreed it was soiled. Q. Did you examine any others. A. Yes, number 30 and a number in three thousand which f dont exactly recollect. They both appeared to be soiled. Q. Did Judah afterwards call on you ? A. Yes ; he had called before I got home, and he came again, afterwards. Q. What day was this ? A. Tne 12th of September. I then told him his hits would not be paid. He said they should, and demanded the policies, which I informed him I had promised to keep in my possession till the nc xt day. Mr. Moses was present, Q. When did you see the insurers again ? A. On Moiday the 14th. Q. Was Judah there ? A. He was, and then produced an anonvmous letter which he read as being the reason of his having gotten that particular num- ber insured. Q. By the Court. Where was this meeting ? A. At Mr Smith's in Greenwich-street. Q. And what passed ? A. Mr. Judah produced the anonymous letter ; and I then said to him that he had told me that he had dreamed it, to which he made no reply. Q. By Mr. Hoffman, Did you ever hear of that letter before. A. Never ; ! never heard of any thing but the dreams, before. Q. Were the policies given up at that meeting.'' A. Yes. Mr. Judah agreed to give them up and receive back his premiums, which was done in the room. Q. Did the insurers notwithstanding pay you your share in the policies ? A. They did. 1 had never dreamed norreceived anonymous letters on the subject ; they paid me because they believed me innocent. Q. Did Moses receive any money for his part in the transac- tion ? A. Mr. Judah gave him a glOO bill, which he accepted with thaiiks. Q. Did you ever before know Mr. Judah to go abroad to other oilices to get insurance ? A. I never did. Cross-eccamincd by the Dislriot Allorney. Q. Who was Drcscnt at the examination of t^ie ticket in the hall ? ' A. Mr. Abrabam P. Brower, James A. Burtus, John Smith, Mr. Gilchrist, the mangers' clerk, Samuel Healy, Mr. Samuel N. Sharpe, and others. Q. Were any of the managers there ? A. No. • ' Q. Did all these people look at the ticket 'i A. Yes. Q. How long were they there ? A. From half to throe quarters of an hour. 37 Q. Were they all unanimous ? A. They all agreed, as I think, to a man. Q. Did you examine any other numbers ? A. three or four above and below, to show the dilTerenc( . . Q. What o'clock was it ? A. About twelve, or from that to two. Q. Was Moses present ? A. No. Q. Are you not in some connexion with Moses in the business of lottery insurances ? A. None whatever, except that I let him have part of my house on condition that if he do any business I am to have half of the profits. Q. Did not the insurers pay you ten per cent to get rid of the hits ? - A. No, nothing of the kind. Q. Did you give Moses any part of what you received ? A. I gave him back his premium, and nothing more. I acted for Judah and Moses as their agent. Q. Have you ever dreamed on your own account ? A. Yes. Q. By the Courl, And made insurance upon the faith of it ? A. Yes, I have even done that too. Q. By the District Attorney, What was Mr. Judah's reason for giving up the the policies ? A. I do not recollect particularly. Me said at the time he did not wish to have any noise about it, that he had always done what he could for the lottery business, that he had often endea- voured to get on the grand jury for the purpose of befriending the insurers, and that he might prevent complaints, or words to that effect. Q. Are you certain he said he had himself dreamed ? A. I could not be mistaken. He told me he had dreamed, and at the same time put his finger on the number. Q. By the Court, Did not he say also that he awoke, and then slept and dreamed again ? A. He did. I cannot be mistaken. Q. By the District Attorney. Did you ever know a prize drawn in consequence of a dream ? A. I can't say that I have. Q. By Mr. Hnjfman. Had you ever before been employed by Mr. Judah to get insurance? A. Never. Robert Gilchrist, sworn. Examined by Mr. Hoffman. Q. What office do you hold under the managers ? A. I have been their clerk for about five years. 38 Q. Do you know of a little boy's having at any lime been de- lected in concealing a number ? A. No, It was before I was a clerk. Q. Were you clerk in the first of the Medical Science Lotte- ries ? A. Yes. Q. Were the managers the same then ? A. They were. Q. Do you know of the number 1 7 having been omitted to be called in any of these lotteries ? A. No ; I was not then present. Q. VVho drew the stationary prize of ^35,000 in the Owego Lottery out of the wheel ? A. Mr. Sickles. Q. Was not a little boy then in the habit of drawing the nuoK bers ? A. Yes ; but he was not then permitted to draw the stationa- ry ])rizes. Q. Who drew the stationary prizes after the boy was pro- hibited ? A. One of the managers. Mr. Sickles has also done it. Q. have the managers permitted him to put his hand into th€ wheel to draw out the stationary prizes ? A. Yes. (Mr. Jay.) Undoubtedly. Q. By Mr. Hoffman. Have you ever seen more than one ticket in Mr. Sickles' lap at a time ? A. Yes. Q. How many ? A. Several. Q. As many as three or four ? A. Perhaps more than four. Mr. Sickles may have taken out four or five at a time, that he need not put his hand out for every ticket. Q. By the Court. What did Mr. Sickles do with the tickets ? A. He generally handed them to the other managers. Q. By Mr. Hoffman. Have you seen the boy put one, two or three, in Mr. Sickles' lap at a time, or before any of them were called? A. Yes. Q. Had not he then the option to call one or another ot these first as he chose ? A. 1 shoul 1 judge he had. Q. V>y \hc Cow-t. Had he the opportunity of calling them as he pleased ? A. He might, though he generally called them in the order :ii which ther were laid down? 39 Q. By. Mr. Hoffman. Had he a handkerchief in his lap? A. Generally ? Q. Who acted at the wheel on the 9th day's drawing of the present lottery ? A. Mr. Sickles. Q. By the Court. Did he draw at the wheel all the day ? A. No sir, I think the boy was there ; Mr. Sickles received them from the boy. Q. By Mr. Hoffman. As to the mode of drawing in the lotte- ry, how is it done ? A. The practice is to draw 100 numbers, and then to make a rest. Q. You keep the managers' book ? A. Yes. Q. Do not the lottery insurers also keep books ? A. They have what are called slips or check books. Q. Was the number 15,4G8 at the beginning of the third or fourth hundred ? A. I believe it was about the third or fourth of the third hun* dred. Q. Was that number insured ? A. I have heard it was ; and know only from report. Q. Were you present at the examination on the 1 2th ? A. Yes ; I was at both the examinations which took place in the Hall. Q. Did you exhibit the number 15,468 for the persons who were to examine ? A. Yes. Q. Had it the appearance of being soiled ? A. I thought it had. Q. When were these examinations had ? A. They were, I believe, on the evening of the 11 th and the morning of the 12th of September. Q. At what time of day was the first ? A. Near 5 o'clock in the afternoon after the drawing had closed for the day. Q. Was Mr. Thorne there ? A. He was not. Two gentlemen, Mr. Sharpe and Mr. Cry- gier, came in, and asked if I could show them the number on the flic. They took the file, but said they could not find the number. I then found it and showed it to them. They exam- ined it. Q, And it was soiled ? A. It appeared to be ; it was different from the other tickets on the file. Q. And what took place next day ? A, The next day Mr. Thorne and all the other gentlemen he 40 has named were present. They were very unanimous m Uie opinion that it was soiled. Q. And you thouj^ht so ? A. I have always been of that opinion. Q. Did they examine any other numbers 1 A. Yes ; they examined 3865. Q. Was that number soiled ? A. \ thought so, and that was the opinion of the gentlemen who were present. Q. When was this ticket drawn ? A, I do not recollect ; but it was either the 5th or 7th day, I believe. Q. Was this number insured on ? A* I do not know, I have heard so. Q. By the Court. It may be important to ascertain when it was drawn ? A. I can ascertain it by turning to the book, (witness exam- ines the book) it came out the 5th day in the 4th hundred. Q, By Mr. Hoffman. Was any other number examined'? A. Yes, number 30. Q. Was that also soiled ? A. It appeared to be, but not so much as the others. Q. In what part of the hundred was this? A. It came out the 12lh number of the 2d hundred on the 7ih day. Number 3865 was the lOth number of the 4th hun- dred. Q. Was number 30 insured ? A. I know only from report. Q. What is usually done with the wheels in the intervals of the drawing? • A. After a day's drawing is over, they have usually locked up the wheels and the files. The books and the key have been commonly left with Mr. Sickles ; that is, until the 10th or 11th of September. Q. By the Court. Was this by order of the managers ? A. Yes. Q. By Mr. Hoffman^ Could Mr. Sickles have access to the tickets when the managers were not there ? A. Mr. Sickles kept the key of the closet where the wheels wore ]iut, and Mv. Skates had the key to the outer door. Q. Did you ever know of a nup.»ber of tickets beii)g found nn- der the stage in the 4th Class of the Medical Science Lottery ? A. I saw the tickets in the hands of the managers and under- stood they had been found under the stage. It was in the Union Uotel, William-street, where there was a stage erected forth'* ourpose of the t-lKiwing. 41 Q. How many tickets were there ? A. There were four. Q. By the Court. How did you learn they were found as yoc mention ? A. The managers said so. Q. You heard them? A. Yes. Q. By Mr. Hoffman. What became of the tickets ? A. I think they were kept till the last day's drawinp;, to a;^- certain whether they belonged to the wheel ; and the last day ihey were found wanting to the wheel, and were put in. Q. What numbers were they ? A. I think they were in the 14,000. Q. Did the managers caution you not to say any thing about it? A. No. Q. Do you know of Mr. Sickles ever having found any tick- ets ? A. I have heard so, but do not know. Q. By the Court. Did you see the soiled tickets after the ex- amination ? A. I saw one of them sometime afterwards. Q. Did it appear soiled then in the same manner as at first ? A. No material alteration. [The files were tiien produced in Court, on which were the soil- ed numbers, and the court and jury examined those numbers.] Q. By the Conrt. This ticket, 15468, appears to have been folded — would putting it into the wheel and drawing it out occa- sion this ? .4. I should think not. Q. There arc two foldings in it, distinctly two — How do you actount for that ? A. I cannot account for it. Q. By Mr. Hoffman. To whom did the stationary priie of }j|3.5,000, in the Owego Lottery, belong ? A. I have understood it was drawn to Mr. Dcnniston. Q. Have you heard Mr. Denniston say any thing on that -ubjcct ? A. 1 have heard him say he was the owner of only half. Q. Who, did he say, owned the other ? A. He refused to mention. Q. Did not he say Mr. Sickles was interested in it ? A. No. He said Mr. Sickles had no part in it. Q. Do you know of his havin^^ lent Mr. Sickles part of the money ? ^. I heard him say he had lent Mr. Sickles some money after he returneii from Albanv ; 1 do not know hoW much. 6 42 Q. Who paid that prize ? A. I have reason to believe it was paid at Aliens' for I have seen the ticket in Mr. Allen's possession. But Mr. Dennision told me that he got his money from Mr. Ogden. Q. Do you know that Mr. Allen's check was out for $10,000 Tjpon that ticket ? A. I do not know the fact. Q. You arc still clerk to the managers, Mr. Gilchrist ? A. Yes. Q. Have they not, since Mr. Baldwin's publications, alter- ed the mode of drawing ? A. They have in some measure. The boy formerly had his sleeve fastened round the wrist ; now the arm is prepared by stripping it up to the elbow. Q. Have they since endeavored to prevent the drawing of several numbers at a time ? A, They have always tried to prevent tliat. Q. Has it happened since the alteration ? Jl. I believe not. Cross examined by Mr. /ay. Q. How did the managers se- cure the wheel ? A. They put a paper over the key-hole, on which one or more seals were placed. Q. Who kept the seal ? A. The managers kept the seal, and also the key of the vvhec! which they kept locked. Q, Was Mr. Denniston a manager of the Owego Lottery ? A. No. Q. When did the practice of the stationary prizes being drawn by the managers or by Mr. Sickles, commence ? A. With Medical Science Lottery No. 4, which was before the Owego Lottery. (cl. Who were the managers that made this alteration ? A. Mr. M'Lean and Gen. Johnson. Q. How are these tickets printed ? A. I don't knov/. Q. Have they been printed a long time ? A- I belive so. Q, Was Mr. Denniston present when the Owego prize was drav/n ? A. I believe not. Q. Is Mr. Judah present generally at the drawing of the pre- sent lottery? A. I have seen him there often. Q. There is some manager always present? A. Yes. 43 Q. Mr. Sickles is their substitute ? A. Yes. Q. What is the mode of drawing and proclaiming the tickets / ^. The number is first called at the n'iuibei- wheel, and then the ticket is drawn out of the other wheel as nearly at the same time as possible. Q. The number is first called ? J. Yes. Q. By Mr. Wright, (Juror) Is one of the managers alwajs present ? A. I believe always, at least one. Q. By the Court. Could Mr. Sickles, at the number wheel, without any understanding with the manager or person at the other wheel, control the drawing of the prize ? A. I should think nvith the next lottery, and that he might then aid us, (meaning my partner and me) in our business. Q. By the Court. He told you he should be a manager in the next lottery, and could then do something for you ? 7 50 A. He said he could do something for us. Q. In what way did you think ho meant to say he could serve you ? A. I never thought of it till after these reports were raised. Q. Did you promise to recommend him to Mrs. Bates ? A. Yes. But on making enquiry about his responsibility, I determined not to recommend him to her. Cross examined. Q. What is the practice respecting the purchase of tickets from the managers ? A. The practice formerly was to give notes for them, and leave the tickets for the security of the managers. Conrad Brooks sworn. Examinedhy Mr. Ogden. Q. Are you a dealer in tickets ? A. I have bought and sold some, but don't follow the busi- ness. ■- Q. What business do you follow ? A. I keep a shoe-store. • Q. What conversation have you had with Mr. Sickles A. Eleven or twelve months ago, Mr. Gilchrist called to get a note discounted for Mr. Sickles, at Barkers' bank. After it became due, Mr. Sickles came and told me, that where one gets one good thing done, it is common to ask for another, and re- quested me to assist him in discounting another note. I under- took to get it done at the same bank. It was done, and Mr. Sickles received the money. Q. And what did he say to you then ? A. He told me that perhaps he could be of some service to me ; that he was going to be a manager in the next lottery, and perha})s we might then pby into each others hands. Q. What did he mean by that ? A. I didn't know then what he meant. Q. By the Court. You were a lottery dealer .'' A. No, I keep a shoe-store; I bought once 100 tickets at auction and sold them out. Q. In what lottery ? -A. In No. 4 of the Medical Science. Q. By Mr. Ogden. Do you know whether any insurance was effected on No. 15468 ? A. I have heard of it. Being cross examined, he said neither Mr. Sickles nor Mr. Gilchrist ever endorsed his note— Mr. Gilchrist was his friend. William Smith, sworn. Says he was a dealer in tickets when the Owego lottery was drawn, and was at the drawing when the prize of ^5.000 came out. * 51 Q. Was there any thing peculiar in the manner of drawing that prize ? A. I will state. Q. It was drawn out by Mr. Sickles ? A. Yes. I stood very near Mr. Sickles at the time. He stood facing me. Q. Did he show his hand ? A. He did net. He had told me before that the managers had come to the conclusion not to show their hands. He said they considered it degrading. Q. How was that [)rize drawn, in fact, by Mr. Sickles. [The witness here represented the manner ot drawing the ticket by gestures, ^hownng that Mr. Sickles, when he took his hand out of the wheel, turned partly round and dropped his hand partly under the skirt of his coat, and then held up the number to the spectators.] Q. By the Cottrt. Mr. Sickles told you the managers thought it degrading to show their hands ? A. Yes. Q. Did you sec the number in his hand as his hand came out of the wheel ? A. I did not see any number as he took his hand out ; but after he put it under the skirt of his coat he held up the ticket f Q. The Owego was the last drawn lottery before the present.^ A. Yes. Q. Have you seen more than one ticket open at a time in Mr. Sickles' lap? A. I have — and also in the manger's lap. The boy was fre- quently four or five ahead. Q,. At the blank and prize wheels? A. Yes, that was conducted in the same manner. The boy would cut and open a number and throw it down, and then take out another. Q. Did you attend the drawing this morning? A. Yes. Q. Did the boy show his hand ? A. Yes, very fairly. Q. Did you examine the soiled tickets ? A. No. Q. Did you sign the certificate ? A. Yes, Mr. Judah brought it tome. Q. Were you present at the investigation between Mr. Judah and the other nisurcrs ? A. No. Q. Why did you sign the certificate ? A. I-signed it berau re others who had contributed to raise^the />2 Mports that have been circulated, had previously signed". Q. This was (he reason r" A. Yes, I thought if they 'were satisfied, I might safely, sigp (he pa[ier. Cross examine J, bi/ Mr. Wells. Q. Was there any thing struck you as being unfair in the inannci" of drawing the prize in the Owego lottery? A. Nothing at the time. Q. You had no doubt at that time that the ticket was fairly drawn ? A. None. I^f I had any suspicions of Mr. Sickles' honesty, I should not,, however, have been satisfied with the manner in which he drew the prize. Q. By Tvlr. Ogden. What do you now think on that subject Mr. \Vells ohjected to the question as improper. Q. By [he Cowl. Mr. Smith, what did you mean to say, that you then considered it fairly drawn ? A. Yes, ^sir. Q. And now ? A. And now. Q. By Mr-' Ogden. Did you know at the time to whom tlra' prize was drawn ? A. No. Q. Did you hear Mr. Denniston say he was the owner ? A. 1 once expressed to him my opinion that the bad repbrts abroad respecting lotteries originated in the drawing oftheOwe- go lottery and not in. the present one ; and I told him if he could do away the suspicion as to the ,^35.000 prize, it would go far to- wards removing any impressions on the subject of lottery man- agement. Q. What did he say ? A. He said if he were asked in a proper manner, he might per- haps give an answo". Q. You had asked him before whether he was the proprietor of the $35,000 prize .^ A. I had told him I understood he owned half, and Mr. Sickle? the I'cst. Q. And this had given rise to your impression concerning the origin of those reports.^ A. Yes. 1 told Mr. Denniston so, and he therefore refused tt aiiskvcr. John L. Crygicr, t^zvorn. Says lie examined the number 15468 the day it was drawn, and said rt once on seeing it, that it was soiled; afterwards all who were )->rpseiit agreed that it was soiled. AVitness went again f 'ic next day to fxinniiif^ the tirkels. Mr. Gilchrist pointed out one whigh he said vv.as the number 1 5468 : but witness told him. 53 wilhont seeing the face of it, that he did not think it was ^Jie number •, and it proved to be a blank. Witness then proceeded to examine and presently found the ticket himself, by looking merely at the back of it. He did not examine number 3p ; has not particularly observed the manner in which the drawing; has been conducted; was present when 15468 came out, but saw nothing remarkable in the drawing. Being cross-exa7mne(l hy the District Jlttorney, He says that he understood from Mr. Gilchrist that the ticket he pointed out to the witness was a blank ; but witness did not sec the face of it, and cannot say positively. Samuel J . Bernard^ szcorn. Says he has attended the drawing twice or thrice, and has seen the boy pick up tickets from the floor, and cut and open fhem as if taken directly from the wheel. Q. Have you seen the boy take out several at a lime from the wheel ? A. Yes, a handful ; and cut them one after another, and hand them to Mr. Sickles. Q. Did Mr. Sickles appear to have the principle part of the management ? A. Yes, at one of the wheels he did. Q. Have you ever seen a manager asleep during the drawing ?■ A. I have seen one of them apparently asleep, or dozing, sfl as to excite laughter in the room. Q. And that while Mr. Sickles v^as at work at the wheel ? A. Yes. Q. The lottery is drawn after dinner, isn't it? A. Yes. Q. How many tickets have you seen lying on a managcr\s knee before any of them were called? A. As many as three. C^. Have you seen Mr, Sickles draw many at a time from th<": wheel ? A. Yes, a handful, and lay them on his lap. Q. ByMv.Jau- This was when the boy was absent ? A. Yes. Q. At which wheel have yon seen two or three lying on .. manager's knee at a time ? A. At the blank and prize wheel. Doctor Isaac Kip utoorn. Says ho has occasionally attended the drawing. Has seen the boy lake out several numbers at a tiiiic, and lay them downpro>- Biiscuously in Mr. Sickles' lap. Q. Did you think that a proper mode of drawing .'' A. No, 1 have thought it improper, and told the bystander^ t© v.-atch. j4 Q. Did you ever know ihc numbers improperly caHed f A. Yes. 1 have known them called so as not to correspond vvgh the oi"der in which they were opened ? Q, JIi>ve you known tickets to fall from the handkerchief of Mr; Sickles ? A. Yes, and he picked them up. Q. What lottery do you now speak of-? A. Medical Science, No. 4. Cross examined. Q. Do you say you saw any thine improper i* A. I only saw the numbers called otherwise than they were opened — that is, they were not called as they were opened. Q. By the Court. Did you ever know any number or tickets left over at the close of drawing a hundred ? A. I never did. Robert Gilchrist called again. Q. By Mr. Hoffman. Have you seen numbers left over at tbe close of drawing a hundred.'' A. Yes. Sometimes, I suppose, as many as ten. Q. Did you ever see this at the blank and prize wheel ? A. Don't recollect that I have. Q. How long were the rests that have been mentioned at the ends of the hundreds ? A. A bout to minutes — a very short time. Q. Did you ever see the boy keep tickets in his hand during tlie rest? A. Don't recollect tljat 1 have. Q. Have you ever seen him put surplus tickets into the wheel at the end of a hundred ? A. Yes. But if the ticket had been opened, then it was kept to begin the next hundred with. < Q. How do they know when they have reached the end of a hundred ? A- The person keeping tally calls out, when they get to 99^ that the boy may draw one more. Mr. Ogdcnnow informed the Court that there was only one witness more, Mr. Burtus, whom it was intended to examine on the part of the defence ; that this witness was said to be sick, but might be expected to attend court io the morning ; that all par- ties were \\ illing to have the jury retire for tlie night, to their own {io;ncs, under the charge of the court, that they should suf- i^r no jjerson to si)oak to them in relation to the trial. His JJonour, the Mayor, therefore gave such charge to the ju- ry — and the court adjourned at about 9 o'clock, r. M. luitil 1 1 A.yi. cff the next day. 55 \Kove7nler \lth — The Jury were railed at 1 1 J. M, and the trial proccedcd-l Joh7i Smith sworn, on thepartofthedffendant. Says he lives with his brother, Daniel D. Smith, wlio sells lottery tickets. Has lived so better than 7 years. Was preseiU at the 9th day's drawing when number 1 j468 came out. Q. By Mr. Hoffman. Was there any thing peculiar at Uie draw- [The witness stands mute.] Q. By Mr. Hoffman. What is your answer? Q. By the Court. What does he say .'' A. By Mr. Hoffman. Nothing, Sir. Court. Mr. Smith, it will be disagreeable to the court to take any harsh measures with you ; but you stand here as a witness, bound to speak the truth and the whole truth, so far as it may not criminate yo■ A. No. % Second ? A. No. Either the third or fourth. Q. Was this number insured at your brother's office ? [Witness docs not answer. The counsel however admit that his brother has been indicted forinsuring thatnumbcr for Judah.] Q. Does the boy commonly wait for Mr. Sickles to clear his :.p? A. Sometimes — and somettmes not. 57 Q. By the Court. How was it in the present instance ? Had Mr. Sickles got through ? A. It appfeared to me not. Q. Was it a common thing for that boy to draw more than One at a time .'' A. Sometimes he would get one or two and throw one back. Q. When Mr. Sickles called off the fourth number, as you have mentioned, did he read a number, or call it merely ? A. He read a number. Q. By the Dist. AtKorney. Has Mr. Baldwin called on you on this subject ? A. Yes ; he enquired what I had seen. Q. What did you say ? A. I told him what I have slated here. Q. By the Court. Did you attend court yesterday f A. Not till evening, when the marshal came after me. Q. Why did you not attend ? A. I did not know that it was necessary ; I calculated they would send for me. Q. Did any body tell or hint to you that you need not come ? A. No, sir. ' Benjamin Crane, stoorn. Says he examined the soiled tickets on the morning after the drawing, and found them unequally soiled. Number 3866 was most soiled. It was drawn on the fifth day ; 30 was drawn on the seventh, and 15468 on the ninth. Q. By Mr. Hoffman. At what time did the low numbers in the Fourth Class come out ? A. Number three came out on the 44th day's drawing ; sil came out after three ; and five was a late number also — I don't remember whether it was after three or six. Q. How many days drawing in all ? A. Fifty-two. Q. When did number ten come out ? A. I don't know as to that number. Q. Had you any conversation with Mr. Judah after the blow- up ? A. Yes, he called on me. Q. Did he say any thing about the anonymous letter ? A. No, nor the dream. He called to know why we would not pny. He called again in the evening to learn the result. And on Monday morning afterwards, he produced the letter which F saAV. Q. This was at the meeting of the insurers ^ A. Yes. At that meeting he agreed to give up the policieB. Q. The certificate was signed afterwards ? A. Yes. Q. Did you sign that ? A. Yes, ^nd I drew it. 68 Being Crot's-exmnincd^ he says, that the intent of the ccrlifi- oale was merely to exonerate the managers ; that the latter clause of the certiiicate was dictated by Mr. Judah ; and that witness signed it more to accomniodate Mr. Jadah than any thing else. Q. By the District Attorney. Did you believe that certifi- cate at the time ? A. I cannot say positively as to the clause dictated by Mr. Judah. I do not believe nov} that it is true. James A. BurtKS, srvorn. Says that inhis jugdment the tickets said to be soiled were so. Q. By. Mr. Hoffman. Did Mr. Sickles give you any informa- tion relative to low numbers ? A. Yes. He told me, or intimated that there were some numbers not in the wheel. Q. Towards the latter part of the drawing ? A. Yes, about the middle, or towards the latter part. Q. What numbers were they ? A. They were fow numbers. I do not remember what num- bers. Q. Did he intimate at the same time that Mr. Judah was ac- quainted with that fact ? A. Yes. Q. Have you any knowledge of Mr. Judah's hitting the un- derwriters on low numbers ? A. No. Q. Did he hit often in that wheel ? A. I can't recollect. Q. Did you ever, during the drawing, see four or five tickets in Mr. Sickle's possession ? A. No. Cross-examined hy the District Attorney, Q. Where was this ? A. In my store. Q. W^ho was present ? A. Nobody. Q. What did you tell Mr. Sickles ? A. 3 told him it was vejy wrong, and that he ought not to do such a thing. He said he would never do such a thing again. Q. Have you not reason to believe that he was jesting ? A. He has since said he was joking. Q. Since the distuf-bance about number J 5468 ? A. Yes. Q. What was his inducement for giving you such information ? A, I know nothing about it. 1 asked him r^o questions. Q. Have you any connexion with Mr. Sickles in business? A. None. Q. What did you think of the communication ? A. I was surprised — I thought it was very incorrect. Q. Did you ever mention it to the managers ? A. No. Q. Why ( A. Because Mr. Sickles said he would never do so again. Q. Did you ever converse with Mr. Jndah about this ■ A. No. Mr. Sickles told nie Mr. Judah knew it. Q. Knew what ? A. Of the tickets being out of the wheel. Q. Afas the communication a voluntary one .' A. I never attempted to draw it out. Q. Did you mention the thing to any body ? A. I did' to Mr. Blood good, soon after. Q. Did you make any use of the information ? A. No, I went on as before. Q. To whom else did you mention it ? A. I mentioned it to a young man in the store, and afterwards, since this disturbance, to Mr. Crane. Q. By the District Attorney. Didn't yon think Mr. Sickles a great fool ? A. 1 can't answer that. I had always had such an opinion of him that 1 hadn't thought him capable of such a thing. Q. How long ago was this ? A. About a year ago. Q. By Mr. Hoffman. Didn't you tell Mr. Sickles you wer.e iorry' the communication had been made ? A. I have since told him I was very sorry, for that it was in- formation I did not want. Q. Didn't you at the time ? A. Not the very day, but I did some days afterwards. Q. You have been long acquainted with Mr. Sickles. . A. Yes. Q. And in the habit of lending him money ? A. I have often lent him small sums, and never charged him any interest. Q. Didn't Mr. Sickles name any of the numbers he spoke of? A. I think he did name number three as one of them. Q. \^y the Court. Did he ask you to keep the thing a secret ? A. I do not recollect. Q. Had you any idea, at the time, that he was joking ? A. I didn't know Avhat to think, 1 was so surprised. Q. Did you consider it a contidential communication ? A. 1 don't know that 1 did. Q. By the District Attorney. Don't the old man frequently joke about the lotteries ? A. Yes, he frequently jokes. Q. By Mr Colliiis, (Juror) Do you belir^ve iMr. Sickles told you the truth ? A. J don't know what to think ®f it. 60 John Bloodgood, (one oj the grand jurors) sworn. Q. Did Mr. Burtus communicate to you wliat Mr. Sickles had told him of some tickets being out of the wheel ? A. He did. Q. When? A. The drawing was then nearly done. Q. Are you in habits of intimacy with Mr. Burtus ? A. Yes. Q. Have you ever seen tickets in Mr. Sickles' possession during the drawing of a lottery ? A. Yes, in the third class of the Medical Science Lottery. Q. How many ? A. Three or four in number. Q. Were any of those numbers insured ? A. In that lottery number 14236 was insured to a large amount, fifteen or sixteen hundred dollars ; and it came out. — Mr. Burtus, now deceased, had insured ; and he thought there was something wrong. Q. It came out ? A. Yes. And 14265, 14279, 14234, all came out the last day's drawing. Q. Were all these insured ? A. Mr. Burtus had been applied to, to insure them all. Q. And were these three, those which you saw in Mr. Sickles' possession ? A. Yes. I had a memorandum of the numbers before he showed them, fori suspected them. Mr. Sickles told Mr. Bur- tus that he had found them on the floor under the wheel. Q. Did he say when he had found them ? A. He told Ml*. Burtus he had found them that day. It was a day or two before the close of the drawing. Q. Did one of those tickets draw a prize ? A. Yes, the second of them drew ^10,000, Q. Who bought that one ? A. I believe Capt. Wiswall, of Qjpe of the steamboats, bought it for a gentleman up the river, a Mr. Livingston. Being cross-examined, he says, he saw Mr. Sickles come with the numbers to Mr. Burtus before the tickets were drawn, and he showed the numbers which he said he had found. Ap- plication had been made to Mr. Burtus to insure those numbers to stay in till the last day. The witness supposes that Mr. Sickles came to Mr. Burtus with good motives ; though wit- ness thought it was very incorrect to do as Mr. Sickles had done. Q. By Mr. Jay. Was your confidence in Mr. Sickels shaken by what he did ? A. It was. And I told Mr. Burtus at the time that I did not wonder that Mr. Judah run so high on the low numbers. 6.1 Q. Are not the low numbers generally run upon more than O.thers ? A. Yes. Q. Why? A. I don't know how to account for it ; but such is the prac- tice ? Q. What do you call low numbers ? A. From one to a hundred, arc more insured on than those which are higher. Q. Did Mr. Judah insure much on the low numbers of that lottery ? A. Yes, he had four or five thousand dollars on them. Q. By the Court. The insurance is made, I understand, that the ticket will not come out ? A. Yes. Q. And if it does come out the insurer loses ? A. Yes. Q. Did Mr. Judah insure so high that he might lose two ox three thousand dollars on one of the low numbers ? A. Yes, He might, I suppose, if it had come out. [Thedefendant,s counsel here rested his defence — Other wit- sses were thereupon called for the prosecution.] General Johnson, sworn in behalf of the People. He says he has been a manager in all these lotteries. The general mode of conducting the drawing is for one manager to sit at each wheel and one in the centre between them ; at least this ought to be the case, three ought to attend ; though it has frequently happened that only two managers were present. Mr. Sickles has generally officiated at the number wheel ; and wit- ness has understood that he so officiates in the place 6f the Al- bany managers. He was never appointed by the witness ; he is not sworn, and gives no bond. He has served in the former lotteries without bond and without oath. Witness has alwayr. had the highest confidence in him till lately, and never doubted his honesty until after the present clamors were raised ; has since been doubtful on the subject. Witness has attended every drawing of the present lottery. Believes the stationary prize^i to have been all fairly drawn in this lottery. Witness drew in Mr. Kent's stead in the Fourth Class ; knows nothing about the drawing of the Owego lottery. Mr. M'Lcan has been ab- sent a great deal from the drawing. Doctor Mitchell and the witness have attended more than the other managers. Witness never sat at the number wheel ; has observed more than one number out of the wheel at a time, and particularly at the blank and prize wheel ; has s(,en this happen when Doctor Mitchell was at the wheel. Recollects the accident that occurred to Mr. Kent, who went to Morrissania, after the close of the day's draw- ii2 ing, to see the late Mr. Morris and there found a ticket in iiLs clothes. The ticket was al'ierwards put into the wheel. Tick- ets that have been found out of the wheel have always been put back when the managers knew any thing about it. Q. By Mr. Jay. How are the tickets prepared for the wheel ? A. Mr. Sickles has generally brought the numbers done up in bundles of a thousand. They are afterwards counted and put into a tub. Q. The managers assist in counting ? A. Yes. Q. Have there been instances of tickets being found on the floor .? A. Yes, several. We always take care, however, to get eve- ry thing into the wheel before drawing. Q. Who prepares the tickets at first ? A. The managers had a meeting before the Medical Science Lotteries were drawn, and they then agreed with Mr, Sickles to prepare the lotteries for them by contract, at ^36 a thousand. After the first class was drawn, other persons applied, but Mr. Sickles was still retained by the managers, at the instance of Doct. Mitchell, and has been continued in their employ ever since. Q. Did the contract with Mr. Sickles authorize him to sit at the wheel ? A. No. Q. You have been constantly present at the drawing ? A» 1 have been absent a few days by reason of sickness, and ^hen my brother attended in my place. Q. How has the boy appeared to conduct himself ? A. Well, always, I have had the fullest confidence in hini. and never knew any reason to discharge him. Q. Were there any complaints made against Mr. Sickles be- fore this buzz was raised ? A. Never. Q. Were you present when 15468 was drawn? A. Yes. I saw nothing unusual. I was silting at the table. Q. Did you attend to the drawing ? A. It was utterly impossible for me to examine constantly the mode of drawing at the wheel. I sat at the files, and had quite enough to do to repeat the numbers and stick them on the files. Q. Was there any other manager present .'' A. \ am not quite sure, but believe there were three present ^in all, Doct. Mitchell, Mr, M-Lean and myself. Q. Did Mr. Sickles then officiate 1 A. Yes, though there were three managers present ? Q. Was there any complaint respecting that number at the time ? 63 A. None at all. The next drawing, however, there being then some noise about it, the files were examined. Q. General Johnson, was 15468 soiled ? A. It did not appear to be soiled as if worn in the pocket. That is what the managers have declared, and I wish to confine myself to that. Cross-examined, by Mr, Hoffman. Q. You wish to confine yoiu'self to the managers' certificate ? A. Yes. It was their opinion that it had not been soiled in the pocket. It was soiled, but they thought, not in the pocket. Q. General Johnson, did you ever consider it derogatory to expose your hand in drawing the stationary prizes ? A. Never; and I never heard of the agreement mentioned here on that subject, till to-day. Q. Do you recollect several numbers having been picked up by the boys under the platform ? A. Yes, it was the day, or day but one, before the last day's drawing. Q. Was there ever any explanation about the tickets given^ you by Mr. Sickles as having been found by the boys ? A. No. Q When the tickets are counted for the wheel, docs Mr. Sickcis count also with the managers ? A. Yes, he counts also. Q. And the managers do not count after him 1 A. No. they trust to his counting. Q. The three numbers before mentioned — were they put into the wheel? A. Yes, they were put in previous to the last day's drawing. Q. Did Mr. Sickcis ever inform the managers that he had found ten tickets in a crack ? A. No ; I never heard of it till the defendant's publications were made. Q. But did not they find ten tickets on the floor ? A. There were ten found, which wci-e afterwards put into the wheel. Q. Were they in a bundle ? A. They were. Q. What did the managers think of it ^ A. It was thought a mere accident. Q. The tickets are put up in thousands ? A. Yes, in thousands, hundreds and tens. Q. And those bundles which Mr. Sickles hands to the mana- gers as counted, they don't count after him? A. No. Q- Sujipose three tickets were to drop on the floor, would no 64 it be extraordinary for them all to be nearly of the same num- ber. A. I can't say. Q. Did you ever authorize the publication made by Tunis Wortman on this subject ? A. No, never — The witness then endeavoured to explain how tickets may have been soiled. He said the boys' knives were often dnll, and they <"requently drew the ticket two or three times through their fingers to strip the thread off; and witness suppo- ses the soiling may have arisen in that way. As to the examina- tion made by Mr. Fay and others, at the Hall, witness said it was made towards evening, when the sun was shining, however, on the opposite buildings. He says, also, that it has never been in Mr. Sickels' power to get tickets out of the wheels, ex- cept at the drawings, without breaking locks and seals. Wit'- ness kept the key, and carried it regularly with him to Brooklyn every night but one. Q. How long did the examination of Mr. Fay and others con- tinue ? A. From ten to twenty minutes. Moss Kent sworn. Says he has attended the present drawings five or six weeks past, "but not till after the ninth day. He attended the drawing in 1816, and one day after the day's drawing was over, he went to Morrisania, where, on going out of doors, a number, to his great surprise,,dropped from among his clothes. This number was af- terwards restored to the wheel. No suspicion existed at the lime that it was any thing more than a mere accident. There was no secrecy about the thing among the managers. It was thought fortunate that the ticket was found and not utterly lost. As to Mr. Sickles being employed as a substitute for the witness, he says that wanting to go to Washington, in 1816, to attend the session of Congress, Mr. Sickles was recommended as a pro- per person to assist in his absence ; and witness heard on his re- turn in the spring, that Mr. Sickles had been occasionally cm- ployed in his place. Witness gave Mr. Sickles g550 which he received with reluctance, for his services thus rendered. Never supposed there was any fraud in relation to the conduct of the lottery ; nor ever heard of any thing of the kind till the publi cations lately made. Says Mr. Sickles has retired of his own accord, from the drawing of the present lottery. The boys now strip their arms. Never heard of any agreement among the ma- nagers, about its being dei-ogatory for them to show their hands. And never heard often tickets being foundin a. crack, till it was mentioned in the newspapers. 65 Docl. Samuel L. Mitchell szoorn. Says he has not attended the drawing every day ; but believes he was there on the 9th day ; and thinks he was at the blank and prize wheel. Matters went on as usual. Nothing remark- able occurred to witness. There were no complaints at the lime. He says tickets have sometimes fallen on the floor, and several have sometimes been drawn out of the wheel together ; but he considers these accidents as natural and unavoidable in drawing so many tickets in quick succession. He says the tick- ets are tied up like ballots. Boys are selected to draw them, as being of an age old enough to obey what they are directed todo, and yet too young to be guilty of the tricks and wickedness of manhood. Accidents occur unavoidably. A man will sometimes take out of his pocket two bank notes, or two pieces of money, when he means to take but one. Witness has done that on ship- board and lost his money by dropping it over, when he certain- ly didn't intend it. Witness never suspected the boy, Ten- brook, who has recently been withdrawn from the wheel, by his grand-father, Mr. Sickles, and who is still deemed an ex- emplary boy. Witness relates the story respecting the man having offered him a bribe, and that Mr. Denniston gave the boy a ticket to carry to him, and the next day the man was de- tected and publicly exposed. The boy acted magnanimously in detecting him. Witness says there were no complaints about the sleeves used at the wheels till lately. The sleeve had been long in use ; but has recently been thrown aside, out of regard to what has seemed to be the wish of some people. Witness re- collects some conversation about altering the practice of draw- ing the stationary prizes — but no rule was ever made upon the subject. Q. By the Court. Had Mr. Sickles any authority to sit at the wheel. A. He was allowed to sit in behalf of certain absent managers. He only performed that function. He was not otherwise entrust- ed than for that purpose. He did not keep the keys. Q. By Mr. Jay. Did you examine the soiled ticket i* A. I did. Q. And what is your account of it? A. The result was that it was not soiled in such a way as to be the basis for a charge of fraud, and that is my opinion now. Q. How did the soiling arise then ^ A, It might have arisen from the fingers of a dozen men who got hold of it before I did. The tickets, also, have many of them bc^n long printed. [The witness went into the particulars as to the manner of printing and keeping the ticket-sheets at the warehouse where they arc obtained.'] They mav have been 9 66 soiled from lying on the shelf, or from the tiii;r«'rs of the person? who roll tliem up, or it may be by the handling of the boys at the wheels. They undergo a variety of manipulations. Q. By the Coi/rf. But all the tickets undergo the same num- ber of manipulations, Doct. do they not ? A. Yes. sir. But then one pei'son may take inufr(I sometimes take a pinch myself.) and one may chew tobacco ; and so some may get more soiled. Isaac Dennhtnv. srcnni. Says he is a manager, and has been in former lotteries ; but has not attended the present drawing till after the ninth day's drawing. He says Mr. Sickles has served as an assistant man- ager by consent of the managers. Witness arrived in New- York on the 18lh of Sept from Albany, and was then informed about th? dream of Mr. Judah Sic. Witness examined the num- ber 15 168 on the file : it was somewhat soiled ; it had not any mark of the thread about it. Witness has usually done his pro- poi'tion of the drawing ; and he commonly sits at ihe number wheel. The management about having the stationary prizes drawn by the managers themselves, was made without witnesses* knowledge, and before he arrived in town, during the drawing of the Fourth Class of the "Medical Science Lottery. Witness after such arrival was going to prepare the boy's arm as former- ly, when Mr. M Lean prevented him and told him of the new arrangement. Says he had no concern in the Ovvego Lottery, except that he had purchased ten tickets ; that one of these tickets drew the §535,000 prize ; that he bought the tickets o( Mr. Ogdcn ; has no knowledge of that prize being unfairly drawn ; never communicated with Mr. Sickles about it till after- wards ; that Mr. Sickles had no interest in the ticket in any way whatsoever. Witness lent Mr. Sickles ,^2000 of the prize money, and that was all the interest Mr. Sickles ever had in it. Cross-examined by Mr. Hoffman. Q. Did you lend Mr. Sickles no more than g2000oftbat money? A. No. Q. Who paid the prize 1 A. It was sold to Mr. Ogden, deducting the interest of fifteen per cent, from the amount ? Q. Did not Messrs. Allen's pay the money ? A. 1 received Mr. Allen's check from Mr. Ogden in payment. I received two checks, one for ^9250 and (he other for ;^ 10,000. Q. Did not Mr. Sickles receive part of this money ? A. He had ;$2000 out of it, by way of loan. Q. Has that' been re[)aid ? A. No; the time is not yet our. Q. Did he recetve no more '/ A. He collected owe- of the checks for mf?. 67 Q. How did that happen ? A. The check did not fall due till I left town, and I pequesb ed Mr. Sickles to receive it for me. Q. When were the checks payable ? A. One of them, being for the ^9250, was at twenty days, and the other at twenty days after the conclusion of the drawing, which was on the 20th of September. The first check was left with Mr. Sickles. Q. Has he accounted to you for the money ? A. Yes, except the loan of ^2000, which is not yet due. Q. By the Court. When did he pay you the balance ? A. He paid me, sir, at t)iree different periods. Q. W'hcn did he make the first payment ? A. About the first of August. Q. When was the second ? A. About the 26th of September — and the last was about the first of October. Q. What amount did he pay you first ? A. J^2000, the second was 3000. Q, By Mr. Hoffman. Mr. Denniston, was not Mr. Sickles (he half-owner of that prize .'* A. No, sir, he was not. Q. Hiid he no interest in it.'* A. None whatever. Q. Mr. Denniston, have you never declared that you were only half-interested in that lickei ? A. Yes, 1 have. Q. Who, sir, was interested in the other half/ IViiness. Mr. Hoffman, 1 have answered you tairly and fully in every thing you have asked — but that is a question which I do not think 1 am bound to answer. Mr. Hoffman. Yes, Mr. Denniston, you must answer it. [Mr. Wells here addressed the court, in several remarks, al- leging that the question was one of mere idle curiosity, that it was aside from the merits of the case, and that if such liberties might be taken, in examining a witness, it was impossible to say by what limits the counsel were to be confined. Mr. Ogdcn rose to reply to Mr. Wells — but his Honor, the Mayor, declined hearing any argument on that side.] Court. Counsel are not always to be confined to questions that are precisely in point as to the merits ; but you may ask other questions in order to try the credit of a witness. Mr. Denniston stands here like any other witness, and subject to the same treatment. The question, however, is not, in my judgment, irrelevant. If it is a matter worthy of enquiry, whether Mr. Sickles was interested in that prize then we are not bound to lake a witness's mere ipst dixit in the negative. A witness has no right to say, I will conceal a part of the testimony, because I have a caprice to do. so. ^ \rr\ his Honor here riicd the fa- 68 mous case of Dr. Hawkins, and dwelt at length on the spirit of that case.] In England ihey have carried it so far that a con- fession made to a catholic priest shall not be held entitled to any privilege in the course of legal investigations. We do not go so far ; but we only allow of the suppression of matters of profes- sional confidence. [Mr. Wells here rose to explain; ])ut the court stopped him by saying that the point was decided, and that the witness must answer the question.] The witness then proceeded to answer. He said that it had been a mere matter of delicacy that he had not answered at first. And he explained this as follows : That Capt. Roorbach was the person who brought him the news of his good fortune in the drawing of the prize ; that after the news was received, the witness walked the floor for sometime, and at length took the resolution of concealing the fact that he was the sole owner of the prize ; and he resolved upon this for the sake of his family, upon the ground that he had a number of poor relations, who, lie apprehended, would apply to him for the money if they should know he had it, and would borrow, or otherwise gel it from him. And having formed this resolution, the witness informed Capt. Roorbach that only half the prize belonged to him. Witness said that he had been afterwards obliged to go in public and declare that he owned only half, and that he had made such de- claration frequently, though he was sensible that in doing so he had said what was not correct. Q. By Mr. Hoffman. You told Mr. Gilchrist that you owned but half, did you not ? A. Yes, and hundreds of others. Q. What did you do with the ^10,000 check ? A. I put it into the Mechanic's Bank of Albany. Q. By the Court. Did you ever mention to any body the ex- planation you have now given of your conduct respecting the prize ticket ? A. I mentioned it to Capt. Roorbach, and told him the rea- sons why I had acted as I did. Q. When was ihat ? A. 1 1 was long before there was any of this noise about lot- teries. Q. Why did you mention it to him ? A. Because he was charged Avith owning one half of the prize. The witness further said that he had never heard of any agree- ment a'oout its being derogatory to the managers to show their hands in taking out the stationary prizes; that he was the manager whog!ivc a ticket to the boy to whom the bribe was offered, in order tiiat he might show it to the man who had offered the bribe ; 69 that he followed the boy when he went to show the ticket ; that the number of the ticket was taken down when given to the boy ; that when the villain was detected, witness gave him the option to be voluntarily searched, or to go to Bridewcl ; tliat the man submitted to be searched ; that tvvo or three policies were found upon him ; that he was exposed and discharged ; md that every body at the time approved of the proceeding — The witness also stated that he was a perfect stranger to the mana- gers of the Owego Lottery; and he repeated that his only mo- tive for concealing the fact of his being the sole owner of the prize, was to keep the knowledge of it from his needy relations who might otherwise importune him for the money. ' Stephen Price, sworn. Says he was foreman of the grand jury who found the indict- ment ; that l\lr. Denniston told him privately that he was sole owner of the prize in the Owego lottery, and had kept the fact concealed for the purpose of making good the amount of a lega- cy which had been given him or his family, a part of which had been squandered. Q. By Mr. Hoffman, What did 3Ir. Sickles say before the grand jury ? [Here Mr. Wells objected that IMr. Sickles was himself to be examined as a witness in the cause, and that this kind of inquiry was improper. Mr. Ogdcn replied. Coiirt. This is a libel which charges fraud against Mr. Sickles and others- The defendant says there is fraud. We are now enquiring into that fact. We have, on this princi- ple enquired into the conduct of the managers themselves. — Suppose one of them had confessed what would be sufficient to justify the allegations of the defendant. The circumstance of its being said before a grand jury makes no difTcrencc.] Q. What did Mr. Sickles say about his having found tickets in a crack of the floor ? A- He said that in a former class of this lottery, on the day or day but one before the last of the drawing, under the place where the wheel was, he saw something, which, on picking it up, was found to be a ticket, and that on further investigation there were found to be ten secreted there. ,Q. He said he had been present at this discovery ^ A. He said so, and that the tickets were found near where the wheel stood, in a crack. Q. How did he pretend to account for it ? A. His account of it was, that some person must have taken away a bundle from his house when the lottery was making up, and that fuiding he could make no use of them, he had put them in that crack. Q. Did he say tlicy belonged to llie wheel ? A. It was understood that they did, and that they were in fact put into the wheel. Captain Arthur H. I'oorbach, sworn. Says Mr. Denniston never told him in terms the reason of his concealing that he was the sole owner of the prize in the Owe- ^o lottery, but said what the witness understood to be the reason as stated in Mr. Denniston's testimony ; that the witness carried the information to Mr. Denniston from !\ir. Allen resjiecting his having drawn the prize ; that Mr. Denniston paced the floor two or three minutes, appearing to be agitated and in deep thought, and then said it was strange that since fortune did smile, she smiled by halves. The ticket was produced ; ^Mr. Denniston came down the next trip with witness to New York. Witness afterwards asked him how he came by the ticket ; and Mr. Den- niston said he came by them in consequence of having favoured Mr. Ogden of New- York in some concerns, and that Mr. Ogden had forced the tickets upon him at something less than they were selling at. From IMr. Denniston's manner, the witness believed at the time that he owned the whole ticket ; and the conversation between Mr. Denniston and the witness on the subject took place before the late rumours about lottery management arose. James Heard, s^oorii.' Says Mr. Sickles asked two or three months ago if he had any use for money, and said he had two or three thousand dol- lars of Mr. Denniston's money in hand which would not be call- ed for in some time. Witness at first declined receiving an)', but afterwai-ds accepted the offer. And after Mr. Denniston came into town. Mr. Sickles called on witness for the money, and it was paid to Mr. Denniston. The Court here adjourned fur one hour — and at half past 5 v. M. the jury were again called, and the trial proceeded. George JVaite sworn. Says he has printed the tickets for seven, eight or nine lotte- ries |)ast. The practice is to print an entire set, and then after- wards, as any parts become deficient, to reprint those parts ; so that the tickets of a lottery are sometimes partly taken from the fresh sheets and partly from old ones. [A specimen of old sheets was exhibited in court.] Q. How long should you say these have been printed ? A. Seven or eight years. Q. How long have the tickets of the present lottery been printed ? A. A grf-at while. Q' By Mr. Co///h5, (Juror) Do you make use of any sheet? *I;at have becii damaged or stained ? 71 V A. Those are commonly thrown out. Q. By Mr. Jay, When have you printed any deficient sheets ? A. There were some imperfections printed five or six years ago. Q. How long since you printed an entire set.'' A. Not for many years. Q, Are the sheets put up in drawers or kept upon shelves ? A. Kept on shelves. Cross examintd by Mr, Hoffman. Q, Who brought these sheets here ? A. I don't know. Q. Do you know whether number 15468 or 30 was in the out- side sheets ? A. I don't know. Jeremiah I . Drake sroorn. Says he was one of those gentlemen who examined the soiled tickets. Mr. Fay and Mr. Allen were the others. Witness went to the room ; Mr. Fay was then examining ; witness staid and saw J\lr. Fay examine ; Mr. Fay didn't succeed in finding the ticket ; Mr. Woodruff then offered to make a bet that he could pick it out; and while he was examining, another gentleman took up the ticket and threw it near where JMr. Woodruff was. Q. By Mr. Jay. Then W^oodrufl's examination was a mcie fi- nesse ? A. Yes, so 1 considered it at the time. Q. And this was 15468 ? A. Yes. I didn't examine the others till afterwards. Q. What time of day was it ? A. About sunset. Q. Were the tickets soiled ? A. I could distinguish that there was a difference between them and the other tickets. 1 turned up several of the $30 prizes, however, and found them more soiled or dark than the ethers. Q. Did Mr. Fay then complain that the light was insufiiciont ? A. He said it was not a fair test. Cross examined hy Mr. Hoffman. Q. Were you counsel for Mr. Judah at that time ? A. No, but I have been since in relation to some iriilictmenl?. Q. You «aw Mr. Fay and Mr. Baldwin afterwards ? A. Yes, several times. Q. Did you not ask i\Ir. Fay to sign a certificate that he was satisfied ? A. No, I talked with him about it. Q. Did you not refuse to sign such a cerducate yourself ? A. I did not ui^hniy name luade \\- draw it ? n 82 A. 1 declined, and asked one of the managers from New-Jer- icy todraw.it. Q. Did you own any tickets it that lottery ? A. I had some, but sold them as soon as I knew I was to be 9 manager.^ Q. Did you ever hold tickets when you was a manager ? A. Never, when I was either manager or sub-manager. Q. Was you ever concerned in any lottery insurance ? A. Never, I have always been opposed to it. Q. Did you know the number of Mr. Denniston's ticket be- fore the prize was drawn ? A. No. Q. Did you receive a check from Mr. Denniston to collect ? A. Yes, a check for ^9000 r.nd odd, and collected the money from Mr. Allen. Q. Have you accounted to Mr. Denniston for the money ? A. Yes, excepting $2000, which Mr. Denniston lent to me for one year. Q. When was the Owego prize drawn ? A. On the 24th of June. Q, What was the occasion of your having several times to borrow money ? A. 1 was brought into my difficulties by the failure of some of my friends in New- York ; by reason of which I have had to pay upwards of $10,000. Q. Have you not been obliged to mortgage your property ? A. Yes, I have borrowed about $G000 on two mortgages^ still unpaid. Q. How many tickets do you believe you ever took out of the xvheel at a time ? A. I don't think 1 ever took more than twenty at a time. Q. This was when the boy was out ? A. Yes. Q. And what did you do when the boy came in ? A. I threw those that remained back into the wheel. Q. Was there ever any objection made to this at the time ? A. Never. Q. Did the managers see this ? A. It is probable they did ; they must have been present ; ihey must have seen it. Q. Did they ever object to it ? A. No. Q. The law does not compel them to draw 500 in an hour ? ,. A. No. Q. By the Court. Do you think the managers must have seen •'ou throw the numbers back ' 83 A. Why, I think they might. Q. Then when a man's number was once out of the wheel and put back, it miglit not come out in a week. A. Yes. Cross-examined by D. B. Ogden. Q. What did you state before the grand jury about those ten tickets ? A. I told them 1 found those ten tickets in a crack of the floor ; but it is some lime since, and I wish to correct the statement, Q. You told them you took out the tickets with the point of a knife ? A. Yes. Q. Did you say any thing to them about the boys having found some of the tickets ? A. No. Q, You now say there were not ten ? A. On reflection I have become satisfied that I was wrong. Q. How could they get under the carpet ? A. I suppose the carpet might have bfeen shoved up. Q. Did you look, when the boys found their tickets, for more ? A. No. Q. The first thing you did was to go and lift up the carpet ? A. Yes. Q. How many do you now say that you found ? A. I think I found three or four. Q, There must have been in all six or seven, then J' A. Yes. ' Q. Did any body else look under the stage ? A. I don't know that they did. Q. ^^\o was present when you found those in the crack ? A. Mr. Gikhrist and Mr. Gilbert were both in the room. Q. Did they see you find the tickets ? A. I don't know. Q. By the Court. Did you mention it to them •* A. It is natural that I should, and I think I did. Q. Did you call the attention of any body to the discovery ,'' A. I don't know that I did. Q. By Ml. Ogden. Which of the mangers attended there that day ? A. I can't recollect. Q. The manac;ers were the same then as now ? A. Yes. Q. When the managers came, did you mention it to them ? ; A. I think 1 did. Q. At what time of the drawing was it ? 84 A. I think there was one or two day's drawing afterwards be- fore the close. There was at least one drawing day afterwards before the tickets were put in. Q. What did you do with them in the mean time ? A. The managers told me to keep them till the last day. Q. And left them in your possession ? A. Yes. Q. Did you show any of these tickets while they were in your possession ? A. Yes, two or three of them. Q. What numbers were they ? A. They were in the 14,000. Q. To whom did you show them ? A. To Mr. Burtus. Q. Why.? A. Because he had been pTarticularly injured. Q. This was in the third class ? A. Yes. Q. In which the ^10,000 prize was put into the wheel on the last day ? A. Yes. Q. Did more than one of the managers tell you to keep those numbers out till the last day .'' A. I think two. Q. Which two ? A. 1 don't know. Q. Was any thing said by them about it at the time of the dis- covery f A. There was some conversation. Q. What was it ? A. I don't know what it was — I don't believe there was a great deal said. Q. You are in the habit of stopping in at the lottery offices ? A. Yes. Q. At Judah's among the rest .'' A. Yes. Q. Were you not there the evening before the drawing of 15468 ? You and Judah together ? A. I don't believe I was. Q. Had you no communication with him respecting that numi "ber .'' A. I don't recollect that T had any. Q. Do you know the hand writing of Mr. Judah's letter ■' A. No. Q. Why did you decline drawing the $70,000 prize in the Owego lottery ? 85 A. I thought it a prope'* comph'ment to the other manao;cr. Q. Have you not heard of a rumour that the ^^35,000 prize had not been fairly drawn ? A. I believe I had ; but that was not the reason I refused to draw the other, and hart] no influence on me. Q. Mr. Sickles, did you never hold a ticket in a lottery iti which you were a manager, while that lottery was drawing f A. I don't remember that I ever did. Q. By the Court. You said you never had an interest in any ticket in such lottery while it was drawing. A. As far as I recollect — except that I have now and then given a ticket lo my children — but not to hold them myself— 1 never would— I made it a practice, if I iieldany tickets, to gel rid of them before the drawing commenced. Q. By Mr. Ogden. Mr. Sickles, I am under the necessity of putting to you another question on this subject, however unplea- sant it may be to you — Was you not a secret contractor to purchase all the tickets in one of the lotteries of which you was a manager ? A. Yes, I was ; that circumstance had entirely escaped me j I remember it now — It was one of the Literature Lotteries — It was not to contract for all, but for 50,000. Q. Was'ntMr. Gilbert a manager in that lottery ? A. No. Q. By the Court, Did you continue to retain your interest ia those tickets during the drawing .'* A. Tes, during the whole of it. Q. By Mr. Ogden. Did not those contractors draw the high- est prize in that lottery. A. Yes. Q. By the Court. Did you have a share in that prize f A. I did. Q. Who were the managers in that lottery ^ Witness names them. Q. Did you forget all these things when you testified before ^ A. Yes. Q. By Mr. Ogden, Was there not a law-suit about thatbusi- jiess ? A. Yes. Q. By the Court. Was you a party to that suit.^ A. I was. Q. How long since is it ? A. About ten or twelve years. Q. How long since it was settled ? A. About two years afterwards. There was no iaw-suit ; U was settled by reference. m Q. By Mr. Ogden. You said you became embarrassed in be- half of some friends — was you not embarrassed in conse- quence of what happened to you as treasurer of the Dutch church? A. No ; I Avas always able to pay them. There was some difficulty about it ; but I gave up my whole salary rather than }iave any litigation. Q. How long were you in that office ? A. I was clerk of their board for thirteen years, and treasu- rer 25 years. The only items in dispute were, a question of interest and my charges for wages. Q. Was there not some mistake in the accounts kept by you •' A. There was some difficiiliy about the footing of the ac- counts ; there was an eiror discovered in accounting for reve- nue ; but it was explained, and they were siatistied. Q. By the Court. Did yci cvr ? hold any ticket for any body else in lotteries when you have been a manager ? A. Never. Q. By Mr. Ogden. You have said you had your suspicions of fraud iij regard to the ten tickets. Did you ever tell the mana- gers of these suspicions ? A. I can't say — quite likely I did — I had my suspicions that the tickets might have been opened. Benjamin Heard, ^worn. Say's he was present when Mr. Denniston's prize ticket was drawn ; he was then clerk ; says he thinks Mr. Sickles held up his hand ; don't recollect any thing peculiar. Don't think a per- son keeping one of the check books could accurately r)bs€rve how many tickets the boy takes out at a time. [Young Ten Brook, Mr. Sickles' grand-son, was then called to be sworn — But the counsel for the prosecution disavowed all ijitention of saying or pretending the boy had been corrupted » and as he was vciy young, he was therefore not examined.] Isaac Moses, sworn. Says that on the morning of the 1 1 th, Judah called at Thome's* and told him he wished him to take a number ; it was 15,468. Judah said it was a number which had been dreamt of. Thorne got the insurance. Says there was no conversation about Judah's having dreamed a second time ; and that Judah didn't say that he himself had dreamed at all. Cross-examined by Mr. Hoffman, Q. Did Judah make you a present of $100? A. Yes, Mr. Judah thought it was hard that Thome should receive his money and I receive nothing. Q. Did Judah 'ever employ Mr. Thorne before to got insu- lancc ? A. I have heard Thome sov he had. B7 Q. Was there no conversation about Judah's having drcamei^ that he heard the number called ? A. No. Q. Did you ever see the letter f A. Yes. Q. When? A. I think it was on Monday the 14th. Q. Had you seen Judah before that, after the drawing. A. Yes. Q. When ? A. On Saturday. Q. Did he, on either of those occasions, say any tl\ing about the letter ? A. I think he did mention it to me. Q. Did he on Saturday ? A. I think not. Q. But you think he did on Monday morning ? A. I think he did. Q. You arc not positive ? A. I am pretty positive. Q. Why did Judah give you money ? A. 1 have a large family. Q. Did he ever give you money before ? A. Yes. Samuel Hcaley^ svsorn. Says he has conversed with the defendant about testifying m 'his case, and defendant told him he would publish him if he did not take care what he said. Supjioses defendant alluded to what witness had said a-bout the tickets being soiled. Has himself insured upon the strength of dreams. Believes he hit cncc in that way ibr ^500. [The counsel were proceeding to interrogate the witness as to the soiling of the tickets, when the court interfered, and said that was entirely needless, as the tickets themselves were before the jury, and it was in proof that they appeared as they had at Hrst.] The prosecution was here rested. Robert Gilchrist called again, for the defence. Testifies that he has not long known Mr. Thorne, but thinks hi^ character very good. Never heard of tickets having been j)ick- ed out of a crack of the floor till lately. Don't recollect to have heard at the time that Mr. Sickles picked up any tickets. Was informed by Mr. Gilbert of the four tickets found by the boys ; and thinks they were given to Mr. Sickles to keep till the last day. Never paw the wheel hW from the stage. Has kjiown th« 8a tloor of the wheel burst open or the lock pick'd by a mechanit when the key has been lost. Gen. Johnson, called again. Says he never saw Mr. Sickles take out twenty or several at a time. Never heard of the tickets found by Mr. Sickles till the other day before the grand jury. Says the managers at the rime thought it utterly impossible the four tickets found by the boy could have come from the wheel. Thinks those tickets were in the 14,000. Witness then thought those tickets had never been in the wheel. There was one drawing after they were found before they were put in. Says if any tickets were found in the ci-ack of the stage, they could not have got iherc without fraud. .Martin Tooker, szvorn. Testifies to Mr. Tliornc's good character ; has known him Jong. Witness condemned Thorne, however, in one respect ; Sircause he had given his word not to divulge any thing about this number. Witness thought that wrong. [The defence was now again rested.] Court. As to the question of fraud, gentlemen, that shall be left to the jury. And if they think the supposed libel to be true, they may enquire in the motive. But if ihey think there js no fraud, I shall charge them, that if they ijclieve there was no malice in the defendant, then, still it is no libel ; and however pure ihey may think these managers or Mr. Sickles to be, yet if the matter has been so conducted as to give groimd for just puspicions of fraud then tliey may presume there is no malice. Thus much the Court think proper to say now, to show what views they entertain of the law of the case ; and if the counsel have different views, they will explain and enforce them as they dccjn fit in simiming up. Joseph Berjcau sworn for the prosecution. Testifies to a conversrition had" with Thorne, in which Mr. T. told him Judnh had said 1£),468 was a numbei- dreamed of, or something of that kind. John W. Gilbert, szcorn. Was cleik in the lottery when the tickets were found by the boys. Believes Mr. Sickles made search as well as the boys, riu.' numbers were found in the corner immediately under a small hole in the platform. Witness and Mr. Sickles were at opposite sides of the room when the search was made. Mr. Sickles might have found twenty, and witness know nothing of it — Never thought Mr. Sickles found, any till the last grand jury sat. Says there are iron sf)ikes or grates before the windows of the "oom where the drawing takes place.. S9 G. Waite, called again. Says Mr. Denniston told him that the Owejo prize ticket did't belong wholly to him — but made such remarks about his poor relations as induced witness to believe he owned the w hole. This was before the late disturbance. Nnphtali Judah, sworn. [Mr. Wells at this moment came into court, having been ab- sent all the morning from the trial, in consequence of his en- gagement in the sittings.] Mr. Judah relates the story of his going to Thorn^'sand getting him to procure insurance, in many particulars as before proved. But he says he to'd Thorne it was a dreamed number, and not that he had dreamed about it. — Says he received the anonymous letter the nicht before. [He was proceeding to speak of its contents when Mr. HoflTman ob- jected.] Court. You must produce the letter. Witness 1 haven't got it with me. Q. By the Districl Attorney. Have you not distroyed it ? A. Yes. Q. Wherv? A. On the 29 of September, I think. Q. What were the contents of this letter ? A. The letter was in these words — " Dear sir, your friendly and benevolent disposition iaiduces me to inform y(^i that I dreamed that 15468 will be drawn on the ninth day. I in- form you, that you may benefit by my vision." (Signer!) " A Friend." Q. Was it that letter which induced you to get the insurance r A. Yes. Q. Had you any droam about the number ? A. No ; 1 didn't tell Mr. Thorne that I had. Q. By the Court. The letter contained nothing about the thing having been dreamed twice, or at the City Hall. A. No, sir. Witness then went on to state the interest which Mr. Thorne took in the insurance, and the subsequent conversations with him about the refusal of the insurers to pay. Witness says that on Saturday evening one of the insurers, Daniel D. Smith, actually- settled with him and paid the amount of the insurance; and that one or two others also called at witness' house to setJe with him ; but that he refused to receive th^ money, and that on the next day (Sunday) he called on Smith and returned him what he had paid. He says he also showed Smith the anonymous letter at the same time. Witness says, that when there was the least suspicion about it, he would not have taken one dollar from the 90 insurers for a thousand. Witness also says, h" desired Smith to call a meeting of the gentlemen interested, in the nwrning; that the meeting took place, and the witness took with him his friend captain Myers to see what should be done ; that after some conversation, witness read the letter in the meeting, and told them that it was on the faith of that that he had caused the insurance to be effected, but that if there was the least shadow of suspicion about it, he would abandon it, as he wouldn't for a thousand dollars take a dollar wrongfully. He says the gen- tlemen were all perfectly satisfied, that captain Myers went out of the room, and Mr. Burtus wrote a note to witness and another to capt. Myers, expressing their satisfaction. [Witness read the notes.] The first of the notes was in these word.s : ''.Ye7o- York, SeptAl, 1818, " The following is a copy of a letter sent to your friend capt. Myers." "JAMES A. BURTUS." " Captain M. Myers, " Dear Sir, " The explanation made by Mr. Judah to the lottery offices, yesterday, was perfectly satisfactory, and Mr. Judah was exonerated from all censure." A '• JAMES A. BURTUS." Witness further says, he never had any understanding with any person whatever relating to the drawing of that ticket 15468, or ofany other ticket in any lottery ; and never challenged a ticket drawn by Mr. Sickles as being improperly drawn in any lotteiy. There was a case, he says, eight or ten years ago, when he was not satisfied, the boy having acted incorrecdy, as he afterwards confessed, and was turned away by the managers. Don't know whether Mr. Sickles was then a manager. Q. By Mr. Jay. Did Mr. Sickles ever communicate to you the circumstance of their being any numbers out of the wheel ? A. Ifhe did 1 was the victim of it. Mr. Abraham P. Brew- er hit me for seventeen hundred dollars on number three, in the fourth class, which came out the 44th day's drawing; Mr. Bur- tus hitme for glOO, Mr. Baldwin for ^600, Benjamin Crane for ^250, in all, $2650. Witness- says number three was more heavily insured for that day by 50 per cent, than for any other. Witness is not in the habit of insuring for A. B. and C. bat merely takes from other offices when they are over-charged ; that is, he reinsures them. He says his motives for giving up the policies as he did was his connexion with the other offices. Q. By the Court. This business had made a good deal of nois» before you destroyed the anonymous letter ? 91 A. Yes. It was just before the matter was laid before the grand jury. The witness says he was present at the examina- tion by Mr. Fay, Mr. Drake, and Mv. Allen; and that he told WoodrulFhe was an impertinent fellow, considering him very officious. He also says that on Monday, the next day of the drawing, Mr. Fay declared himself perfectly satisfied ; and so did Mr. Baldwin ; and they promised to come out the next morn- ing and make a full exoneration of the witness. Hector O. Gregory, sworn. Was present when Mr. Sickles drew the prize in the Owego Lottery. He says Mr. Sickles didn't hold up his hand, but raised it partly up. Napthali Judah here rose again, of his own accord, to say, that Mr. Brower reinsured ^300 at witnesses' office, on num- ber 15468, which was paid. The testimony here closed — and the court adjourned for one hour. . At 6, P. M. the Jury were again called. Distrkl Attorney. If the court please, lam desired to ask permission for Mr. Sickles to explain whether, in speaking of the number of tickets taken by him from the wheel at a time, he meant it to apply to the classes of the Medical Science Lottery, or whether it was in relation to other lotteries in which Mr. Sickels himself was a manager. Court. The testimony was considered to be closed — but if the counsel for the defendant consent, let him explain. John H. Sicklesy called again. Q. By the -Djs^ric/ Attorney. Mr. Sickles, did yol^mean to say that you had taken out several tickets at a time in any class of the Medical Science Lottery ? A. I don't recollect that I ever did in that lottery. Q. By the Court. Then all the other managers have been mistaken ? A. i think it must have been in the Owego Lottery. Q. Why did you alter your conduct ? A. Because it was too laborious a thing. Q. Why did you depart from the other practice ? A. Just to accommodate myself — I don't know any other par ticular reason. 92 Mr. IIoffma.v thni proceeded to sum up tic. evidaict, in behalf of the defendant, which he did to the folloiolng effect : Gentlemen of the Jurt, The patience you have hitherto shown, in the progress of atrial which has aheady lasted throe days, aflbrds mo an assurance that you will give a fair and serious attention to such ohstM'vations as it has now become my duty to address to you. And, you will allow me to say, Gentlemen, that the cause is one in which you and I are interested — The character of the State is interested. It is a cause w-hich involves diiectly the reputation of state oificer.s, in regard to the manner in w hich they have discharged the most delicate and responsible public trusts. I will be as brief, Gentlemen, as possible, consistently with the interests of ray client and of justice. You have a duty to perform — So have I, a very impovUnit duty ; and in discussing the merits of the cause I shall en- deavour to fulfil it. I shall set down nought in nia'.ice — but on the other hand I shall " nothing extenuate," and I shall not fiinch from what that duty requires of me, whatever individual may become the subject of my remarks. Ai<| in the first place, gentlemen, let mo call your attention to the sup- posed libel itself, not that I would endeavour to shield the defendant by means of any nice and critical distinctions or evasions; for we will meet every charge that arises fairly out of the publications he has made. But gentlemen, the indictment does more by its inutMidos, than by the matter which it directly sets foith In the publications charged to be libellious, we own that there '.s no i;nputation of fraud against the managers of the lottery generally, nor against those iiiimedi.it(;ly concerned in the drawing of the present Class of the Medical Science Lottery ; none against Mr- M'Loan, none against Mr. Kent, none against General Johnson, none against Dwtor Mitchell. The indictment however charges that the charactere of the gentlemen I have named ai-e implicated in the accusation of fraud. This is a mistake, the defendant has accused them of nothing but carelossiii ss There can be no suspicion of the purity of these men. 'There are no men to whose unquestionable integrity I would sooner en- trust my property' or my life. But in tlie })rescnt case, even these gentle- men, as we think, have forgotten to observe that strict and regular cor- rectni^JiS which ought to mark thtii' discharge of those official duties which have been devolved u|»on them by the Legislature of the State. Gentlemen, Mr. Baldwin has been presented before you by the indict- ment as a man influenced by malice, ai being urged by motives as vindic- tive and iiialignant as any that can find an entrance into the human heart. Do yr.u bi'.lieve this ? Do you believe it possible, that in opposition to the advice of his friends and against his own interests, he would have made these publications for the mere gratificati(»n of motives of this kind .'' What reward could he have promised himself? What conceivable inducement but a sense of his duty to the public ? He was told, as you have heard, that he would offend his political friends if he proceeded. He was urged by iMr. Drake with this consideration. But he did not shrink Irom his duty. " You forget your political friends, Mr. Baldwin !" What is his answer? " I do. Whatever becomes of political friendships— I will fulfil my obligations to the community." "Gentlemen, the laws of the State upon the subject of Lottery manage- ment must be explained to you- They are all important to be known, 93 this community irm'^l lv them. Yet, knowing thorn, even Mr. Sickles has ditrod to violatf those laws — and knowing them, even Mr. Deniston has dared to violate thosr laws — the one against his oath ; the other aj^ainst the direct prohibition of" the statute. You wdl remember the disclosures of 181 1. The managers, you know, were allowed to sell tickets on credit. Great injury was sustained by the stale in consequence of the abuse of tiiat power. The statute I now hold in my hand was intended to prevent the recurrence of those improprieties. When you have heard it, you will judj;p how Mr. Deniston could purchase tickets in the Medical Science Lottery as he has done. I am not now commenting cni his testimony. But I do mean to say, that according to the spirit of the oatli he took when he became a manager, he had no right to purchase tickets for himself. It is said he purchased for others ; but in point of fact he was immediately interested Mr. H. iiere read the oath prescribed by law and the ninth section of An Act relative to Lotteries passed April 8, i;)0:», as follows : " I do solemnly swear (or afHrm as the case may be) that I will well and faithfully execute the trust reposed in me as one of the managers of lottery (or lotteries) established by law, without favor or par- tiality, and that I will not directly or indirectly authorise or permit the sale of any tickets in any such lottery in which sale or sales I, or any person at my instance, on my behalf, shall be directly or indirectly bene- fitted, or interested, or entitled to any profit or advantage whatever thereoift." Andbt it further enacted, That it shall not be lawful for any person or persons, being a manager of any lottery within this state, directly or in- directly to contract for or be concerned with any company in contracting for any part or portion of the tickets of the said lottery of which he or they are managers. The legislature, gentlemen, meant to interdict the managers of their lotteries from purchasing tickets, and from actjuiring personal interest in the charms of the wheel. They meant to remove that source of corrup- tion altogether. And they have gone further than this. [Reads from the statute the provision against selling tickets at the original price after 60 days.] How vain, then, is this e.vcuse of Mr. Deniston ! Did he never read the law ? And yet he comes forward and swears, that by the law, they are not allowed to make sale of less than .')0 in a parcel ; and this is assigned as the reason of his having become tiie purciiaaer of 50 — but the language of the act is " not exceeding 50." Gentlemen, the managers are ailowed 15 per cent- on the sum raised by the lottery. To what end is this allowance ? Is it to authorize a per- son not under the solemnity of an oath to discharge their duty for them? The legisiaturo ineant that no person not liable to the penalty of the law, should fulfil the functions that arise under it- And yet, Mr. Sickles, con- trary to the spirit and meaning of this law, becomes a manager in fact, without a manager's responsibility. He counts — the managers do not count alter him. He draws also, and to all appearance is the most active man at the wheels. They put it in his power — an unsworn man — to play what tricks he pleases with their lotteries. — I am not now saying what tricks he has actually played — Ijut I am placing before you what these managei-s, (and much as I love some of them, I must speak truth) by neglecting their own duty, enabled him to do, if the disposition was not wanting. Gentlemen, this is one view of the subject. There are others that dc- !?erve your notice. Is it necessary that the drawing of the lottery should be precipitated in the manner you hare heard .^ Is it necessary to draw 94 .'00 tickets it) an huur ? Di«i the law impose this obligation ^ — And wbci. th«iy come gr.iv«ly to say that mistakes will happen do what you will — I answer, yes, they ivill happen indeed, when the drawing is expedited be- 5'ond all prudence for the tuanager's convenience. A^^ain, gentlemen, we arc told that the ends of the strings with which the tickets are tied up are so long, tint the tickets cling one to another, and thus several are unuvoidably taken out of the wheel at a time ! But how is this? And why? Is it lu sucii a purpose that men are se- lected with grcjit caution to execute a public duty of this nature ? They may be told, and they seem to require it, that the use of a common scissors will prevent the accident by which they would justify th« drawing of a handful of tickets at a time. Gei)tle(r:"n, you cannot go one step in this investigation, but the care- lessness of the managers stares you in the face. They have left too much to Mr. Sickles. — He says to them, let us have bagging sleeves, and bag- ging sleeves are put on — he quits them, and bagging sleeves are laid aside. But, gentlemen, the arm at the wheel sho\)ld be bare. In Europe no such mistakes have arisen. And with us, now that the form has been altered, tiiere are no more such accidents ; there cannot be ; because the arm is now bare, and the ticket is drawn out fairly and exposed to the full view {j( ihe spectators- Can it bi', po.scible, gentlemen, that these mistakes they talk of should happen without great carelessness ? We put it not on the ground of fraud. It is cnouj^h to say, as the defendant has, that such practices as we have seen to be common, aro what the legislature never meant to allow. If tickets are left in the hands of a sub-manager, remaining over after the drawing of a hundred until another hundred is conuiienred, what security have the owners of thi^se tickets that their rights will not be utterly violated and defeated ? We have it in evidence that several numbers are some- times thrown into the lap before any of them are called. I care not whethiM- it be the lap of a managei or a sub-manager. — The one is wrong; the ()lh«^r grossly wrong. And, indeed, no man ought ever to officiate in such a case but he to whom the law delegates the trust. Genll>?m«n, see to what an extent this carelessness has gone. It is not confined to the fate of a simple blank ; but in one instance, a prize ticket of SlO.OOO has been detained out of the wheel till the very last day's drawing. I, for one, do not believe that this ticket ever found its way out of the wheel. But you are to judge whether it was ever there till its cor- respondent number was to come out. Gentlemen, as far as the managers arc concerned, I have for the present done. I may, liL'reafter, bring forward one of them as the subject of fur- ther reinark. At any rate, tlie general facts I have mentioned are sufficient to juslity the defendant. His alles^ation is, that there is fraud in the ma- nagement, not in the managers, of tlie lottery. It is in the general manage- ment, and not in the iudividuals having the right to control it. Mr. Bald- win begins with No. 17 in the former lottery, and he comes down to the present time. Gentlemen, the first question now is, not whether the chai-ge of fraud Ties against Mr. Deniston or Mr. Sickles; but whether fraud has not been completely establislied to exist somewhere. The defendant concludes his publications with saying, tliat there is fraud somewhere; and you are to jud^e whether tliis be true or not. I mean not to say that Mr. Judah has perjiired himself; still les'*, that Sickles has; nor do I criminate tjie boy. But, if from the general course of circumstances you believe that fraud does exist, and exists any where, this publication is not a libel- But, gentlemen, I will go farther, I will locate this fraud.— And I will T^t shrink from p! obing it to the bottom wherever it shall be found. 95 And in the first placp, I remark that il is seldom by direct proof that such a charge can be, fixed upon any man. In nine cases out of t«n th« proof depends on circumstantial evidence. Take any ordinary case, t'orgery or counterfeiting; for example. How seldom can you bring directlj home to the culprit, the fact in which his gtiilt consists ! Fraud is com- monly a thing so artful and deceptive, that it makes no communication of its designs to persons whose character might endanger its security. And it is a thing so odious in its nature, that no man who seeks to practise it;, will declare it to one more honest than himself. Expect not, therefore, that direct and positive proof of which the sub- ject is scarcely ever capable. But expect evidence not less worthy of your credence — expect circumstances which cannot speak false — circumstances which never could have existed but in a case of fraud. Gentlemen, I shall in the first place conten»l, that 3rr. Judah knew be- forehand, that ticket number 15,168 would come out on the 9th day'.s drawing. If he did, you must pronounce, however painful the duty, that the ticket had been fraudulenlly drawn frimi the wheel. He must have had a companion: and no j)erson could have made him succeed on that ticket but Mr. Sickles, who knexv the facts in relation to it. At present, I put Judah's oath on that point out of the question. Let us go on regularly. Early in the morning of the 1 Ifh, (you will go on wilh me, gentlemen, though the facts are nun?»rous and complicated.) he calls at Mr. Thome's. I take Thome's testimony to be the truth, and I will establish it before I have done. He meets with JMoses first. — But he employs not him. And why? For the very reasoH slated by Mr. Tliorno. — And why? for fear the insurers would come hack. If he should take Moses for his purpose, the offices would know his agent, and come bade on him for remsurance. He tells Thorne that he has dreamed a dream ; that he thought he was in the City-Hall and heard this number called ; and that he fell asleep and dreamed the same thing again. Gentlemen, either this is true, or Mr. Thorne is deliberately perjured. MrTiiorn has told the particulars; Mr. Thorne has fixed the place where Judah was in his pretended dream : Mr- Thorne has given us the whole in its details. And this particularity must either convict him of wilful peijury, or establish in your minds the trutli of his statement. Judah employs Mr. Thome — The insurance is effected.— The ticket comes out.— But doubts arise.— IMr. Smith observed that Mr Sickles call- ed off four tickets when he had received but three from the boy. An examination takes place. — The tickets are found soiled.— Suspicions {ret abroad, and Judah is informed of them. What is his conduct? "The riamn'd rascals! I'll make them pay." He calls on Mr. Thome.— And what does he do ? The bullying and blustering Judah— what does he do? He laughs at the idea of defeat, and stalks about in pretended innocence : threatens to blow out the brains of any man who dares to doubt his purity, "i'es, and you will see presently liow all this ends ! This Mr. Judah calls on Mr. Crane. — A ftirther examination is had on the evening of Saturday, or before the interview of the Monday following —and tliat is sufficient for my purpose. The soiling of the ticket h estab- lished : it no longer rfsts on suspicion that four tickets had been called when only three were drawn ; and the fourth of these is soiletl as if worn in the pocket. What now ? Mr. Judah's courage bi'^iins to subside.— The cliarge i»1ikely to come home to him. — The mystery is cleared up. What is be 'o do ? Gentlemen, a man versed in the wiles of this world, a man whose iiiH-rcst led him to hold fast the advantage he had imagined te be secure : ihc boldj the dauntless Mr. Judah comes calmly forward aud surrenders up 96 his policies to the men whom he had just now called rascals! Yes, and by way of concilation, he tells them ot the services he has rendered them in the grand jury ! And what is this? Instead of bullying, he coaxes — instead of threatening, he sues. He rakes back his dream ; he resigns his policies; his whole conduct is entirely changed. But let us go further into the facts wiiich belong to this affair. H£ dream- ed, indeed; and he dre;imed twice — and yet we are told that he did not insure on his own dream, but on an anonymous letter ; a letter written by some good spirit presiding over his destiny — some kind friend that re- membered his benevolences and his charities to the poor ! — Gentlemen, it is too ridiculous to dwell on — a letter mentioned — when ? not when he ap- plied to Mr. Thome to get the insurance for him — a letter mentioned — when? not in any of the conversations which took place before the drawing, nor on the Saturday afterwards, when the fraud was publicly proclaimed — a letter mentioned — when? not till he met those gentlemen the insurers on the Monday following ! — where is that letter ? If we had it here we might perhaps detect the hand. Gentlemen, it is in vain that Mr. Judah tells us he has destroyed it. If it had been genuine, he never would have destroyed it. When ? after the dispute witii Mr. Fay and Mr. Baldwin ? yes, and after he had given the explanation, with which they were not satisfied? and yet we are told he has destroyed it. When ? Let me say, it was not when the public were satisfied, and at the very mcunent when he himself was dis- satisfied. Gentlemen, is it possible there is a man who believes that if Mr. Judah had fairly received such a letter, he would ever have destroyed it ? He keeps, we see, an insignificant letter written to himself; and a letter to his friend Capt. Myers, he retains and exhibits, and yet this anonymous Ifttter, on which so much depended, is destroyed. To proceed still further, what a singular friend is this writer of the anony- mous letter ! a letter addressed to him in charity and kindness ! a friend, wishing to put a few dollars into his pocket ! and yet that friend, who must have seen this publication, has not candour enough to come forward and swear that he wrote the letter. Would kindness have dictat- ed this letter, and then neglect to avow it, when the avowal would deliver Judah from a load of suspicion and repruach ? It is incredible. But perhaps the writer was a female, and we are told that female names ought seldom to appear before, the public ! There is a repugnance in the female mind to such notoriety ! We must believe all this, because a coun- sel at the bar has said it. Gentlemen, if a fair lady wrote that letter, one would think — for that sex is influenced by the benevolent affections infinitely more than ours — one would think, although there mig'it be some delicate reluctance to the publicity of the proceeding, — yet that, to save a friend, a fem;ile would not refuse to acknowledge a letter written from the pure motives of be- nevolence ! Or perhaps, Gentlemen, it might have been some child that wrote this kindly epistle to Mr. Judah. At any rate, would you not have been grati- fied to see the thing before your eyes ? You might then distinguish wheth- er it was in a female, or a feigned and counterfeit hand. Gentlemen, I did intend to trace the testimony of this man further. I believe, hovvever, that there is no man here who believes that he has de- stroyed the letterjin question. \nd if not, his testimony is altogether good for nothing. He is in fact a party interested in the result of the trial ; and though the forms of law permit him to comd here and testify in the cause, you will bear in mind that tiie cause is still his own. Whether, Gentlemen, Mr. Judah or his friend was the author of the 97 dream, we fiod the publication true. There is the fact. The ticket cam* out according to the prophecy. And connecting this fact with that of his getting insurance as lie did, and with the other circumstances of the case, who can hesitate in farming his conclusion that Mr- Judah knew when the ticket was to come out 'i And, Gentlemen, another part of his conduct leads us necessarily to this conclusion. It is the hush money given to Moses Mr. Thome could not he tempted. And Moses' testimony was all that could he found to discredit that which was to he given hy .Mr. Thorne. Judah made him a present of one hundred dollars. Wliat was the motive ? Preposterous! Because the underwriters will not do an act of justice, I will do one of uncommon benevolence! iNo ; there Avas another motive. Mr. Thorne had shown that he was not to he Judah's tool ; he had been lold of the dream and knew all (he particulars ; Thorne was likely to spe.ik the truth when called on. And his statement was to be contradicted ; Moses was to do the work ; and he has redeemed the pledge which three hun- dred dollars purchased. Mr. Judah then knew that this number was to come nut ? How ? He must have had an associate. Then establish the criminality of Judah, and that of Mr. Sickles can never be avoided. If Judah had the knowledge, •Sickles had it ; if Judah knew it. Sickles must have been a party. There is no escape. — Judah must have known the number. 31r. Sickles drew it. Conclude, then, confidently, that all this dreaming and this anonymous let- ter is a falsehood, and that Judah^insured on the knowledge he derived from Mr. Sickles. Gentlemen, we have never accused that boy. We never meant to ac- cuse him. I should be sorry to say any thing against a child like that. But wher) we pass from him, even the evidence of Mr. Sickles himself con- firms our accusations. The guilt of Mr Judah involves that of Mr. Sickles- Let ns be a little more particular. In the first place, had Mr. Sickles the ability to practise the fraud 'i I shall not detain you for an answer. K.very body sees — he had it from t1)e mode of counting; he had it from the manner of resting; he had it from the usual circumstances in which tlu^ drawing; was conducted. It is innTiMterial whether this ticket 15,468 was ever in the wheel or not. We never put our cause on the ground that the ticket was never in the wheel. It may have been taken out on the 8th day. Perhaps it was. .\iid, Gentlemen, let me remark, this is not a question of blanks and pri- zes. It requires no concert between the persons at the wheels. If Mr. Sickles was disposed, he alone could commit the fraud. No concert was necessary. It is a question about a number, whether the number will come out; Mr. Sickles draws it out. Gentlemen, let us go a little into the instances of Mr. Sickles' gen- eral conduct in this business. It is in testimony before yon, and testimony most reluctantly given, that accoiding to the judgment of the w itness, the Itoy drew out three numbers, and Mr. Sickles called off four. I admit most frankly, tliat if this was all, it ought tiot to be presumed tliat 3ir. Sickles IS guilty. But this is only the starting point. Gentlemen, Mr. Sickles' testimony has struck you with astorjishment. I will go farilier; it has filled you with regret. Whatever his character may have been, from this day it ceases to be any thinj;; wliieh you can re- spect. He expressly denied in the first instance, that he had ever been ooncerned as owner in the tickets of any lottery in which he was a man- ager, during the drawing of ^uch lottery. Facts were in tlie knowledge of 98 ihe parties by which' tHe truth of this assertion might be tried. Me was then asked this question : pray, Mr. Sickles was not you a secret contractor in conjnnction with a few others, for the purchase of nearly all the tickets oi'on.; lottery in M'hich you were a manager at the time? And finding this put from a quarter where it was known, he was compelled to answer yes- And he was not only one of those contractors, but he was a manager act- ing at the wheel, and the highest prize in that lottery was drawn in part to him. I go further. He a manager, and yet a contractor! He a manager, and yet drawing the highest prize ! He a manager, and yet daring to come for- ward here and say, " I did dare to violate the duty imposed on me by the legislature of the state!" Is this the man of piety? What man of piety or morals would dare to march along as he has done, and to violate his own knowledge of his duty ? Will you presume to trust him, clothed iu infamy? It is in vain that Mr. Le Roy and others appear in aid of his past character. Character is valuable; but it must stind on different ground. When I had the honour to be attorney general of the state, Noah Gardner was arraigned, a pri^ner, at tlie bar of this court. Before that time his character was above reproach and yet he was guilt}'. A man of i-eal char- acter shrinks from no scrutiny, and suffers by none. Was Mr. Sickles then, the man for Judah to tamper with ? Was he the man for Judah? But we will proceed a little further. The more I examine Mr. Sickles' testimony — and believe me Gentlemen> it gives me no pleasure to pursue this inquiry; I cannot but feel for the very respectable connexions of Mr- Sickles, men whom I sincerely respect, men whom I love, men whom all must look upon with interest and esteem. But since I entered into life I never yet shrunk from the discharge of a professional duty, and I will not begin now. First however let me call your serious attention to Mr. Den- iston — Mr. Deniaton, as a manager, takes an oath. Mr. Deniston, as a manager, is well known to Mr. Sickles And why does he take the oath? Why do the legislature impose it ? To guard against every »vein of cor- r uption. And yet he substitutes Mr. Sickles to act in his place as a man- ager. Was it not enough that the legislature declared their intention by imposing the same obligation of an oath ? They never meant that any but sworn managers should be at those wheels; yet in defiance of the law, he selected a man for that duty who had taken no oath and was moreover a holder of tickets in the lottery. Gentlemen, one or two remarks on Mr. Deniston's testimony. It is not tor me to say whether his statement, as to who were the proprietors of the prize in the Owego lottery, be true or not. But I do mean to say that it becomes you to inquire. Why so tardy in his declaration on that point r He is told of the rumour implicating Mr. Sickles as part owner ; he is Mr. Sickles' friend; he is eager, as he would have you think, to keep from the management every thing like suspicion. He is applied to in the pro- per manner, because he is applied to by the grand jury. Mr. Wm. Smith toKi him before, clear up this fact, and all will be well. The fact, however, is not cleared up, except in one or two instances, till Mr. Deniston takes his St u)d here as a witness. Why ? Fie feared the applications of some of his poor relations! Gentlemen, in this I believe him. It is for you to say whether everything is hereby accounted for. There was a time when it might have been of some service to him to inquire further into the circum- sta.ices which affect his character. I am afraid it is now too late. It csln 00 iieof no use to himnow to examine further the suspicions in which hi* character is involved. I do not wish to estabhsh that he has been guilty of fraud. That is not what we are bound to do in order to make out the de- fence I only add, that it is strange, ' 'tis passing strange,' that he did not unfold this business before; and that he did not, is suflicient to justify Mr. Baldwin in the suspicion and the charge of unfairness, in respect to the draw- ing of the 530,000 prize. Let us now, gentlemen, return to Mr. Sickles. I shall be very brief. I have mentioned the testimony of Mr. Smith, I make that the ground oi ;ill. Let us now turn to the testimony of Mr. Haines. Mr- Sickles told Mr. Haines that he w«s to be a manager and could do something for him. Mr. Sickles, however, declares he made no such declaration. Gentlemeo, what could he do for Mr Haines .^ What is the interpretation of this • One interpretation is, that he could get tickets for him on better terms and oreditthan he might otherwise obtain. Could he? He could not. \ir was not allowed by law to do so, and you are left to imagine the mean- ing of his promise for yourselves. Another witness is Mr Brooks. But he says Mr Brooks is incorrect. It is remarkable that every witne.ss, who speaks against him, he undertakes tt> rontradict He told Mr. Brooks they could play into each other's handi'. What does this mean ? The next witness is Mr. Burtus. Mr. Sickles told Mr. Burtus that he ■eed not be afraid of the low numbers ; they were not in the wheel. But he denies this. Gtntlemen, understand the full force of the observation. If they were not in the: wheel, and he knew they were not, then he wa.s guilty of fraud for not disclosing the fact to the managers. It therefore he- comes all important to him that Mr. Burtus should not be believed. Be- lieve him, and Mr Sickles is not to be believed. It is immaterial whether Mr. Burtus acted «)n the information he received from Mr. Sickles. If Sickles told him they were not in the wheel, and if number 3 did not come out till the 44th day's drawlns, Mr. Sickles' character before the court stands forever lost. What is his story? W^hy, I told him that owing to the mode of putting the numbers into the wheel, «nd from my experience of the thing, t thought he need not be afraid of the low numbers coming out early. Gentlemen, if that be so, these managers have grossly neglect- ed their duty. The very object of the revolution of the wheel is to give ail an equal chance. You must be satitfied that there has been grosj neglect. Mr. Burtus told Mr. Sickles he was sorry he had given him the informa- tion. What does he answer? "I will do this no more." "Mr Sickles, make not me your confident in this business." " I have told it to Mr. Judah." But, gentlemen, Judah denies it. Did you expect any thing «lse ? Is this declaration to purchase him a character with you ? To Brooks he says, we will play into one another's hands. Why keep it a secret from other insurers ? Do you believe that Judah cannot calculate as well as Mr Sickles ? or that Mr. Burtus cannot ? They keep their books, they keep their slips. He tells you he was seriou^i. If, then, there was no crime in it, why any secresy ? He received a reprimand at the time. But when the consequences of his guilt began to threaten bira, he has the assu ranee to go to these very gentlemen, and tell them he was in jest — ye.s, he deliberately told them he had been jesting — and yet in this very court, on that very stand, he has declared before you that he was serious. Gentle- men, can you listen for a moment to the statements of a witness like this ? In jest — abont what ? — If, gentlemen, he was in jest, it was in stating that 100 Ihosft numbers treic not then in the wheel. He did then, make that state- iHcnt. His testimony confirms tlie testimimy of the other witnesses on this subject. Gentlemen, I might rest the cause here ; I might rest it on the guilt of Jiidah. Let us, however, come to another part of the testimony requiring more than the oath of Mr. Sickles to explain. I allude to the 3 high num- bers, 142S4, 14265 and 14C79. — Bui-tus had ir)sured on one number in the 14000, and was si-vereiy hit. Burtus is applied to for insurance on these; he is pressed ; he declines. First, then, is it not singular that Mr. Seely should press him on these three numbers ? Why ? He knew they were out of the wheel \ and a day or two before the end of the drawing they are actually found in the possession of Mr. Sickles! If the facts rested there, you could have no doubt ; reasoning would be useless ; but Mr. Sickles accounts for this — how ? Tiiat about this time a boy found three or four tickets under the stage, and that he at the same time picked three tickets out of a crack ! Now, then, it is certain these numbers were not in the wheel when 3Ir. Seely first applied to Mr- Burtus. But, gentlemen, before the grand jury, Mr. Sickles testified that he had picked out ten tickets from the crack ! It won't do for a witness soberly to mistake two or three for ten ; besides, every other w itness testifies that it is impossible these three or four tickets should have got into that crack without assistance. And what is still more extraordinary, this discovery of the tickets in the crack was never divulged to any manager of the lottery! The four that were found by the boys were made known, the others never. And supposing Mr. Sickles found only three tickets in the crack, has he ac- counted for their being there? Three tickets out of the wheel! and in a crack under the earpet! Mr. Sickles found with the tickets in bi» posse.'ssion, and he can give no rational account! Mr. Gilchrist and Mr. Bloodgood were present when they are said to have been found, and neither of them ever before now, heard of the tickets found by Mr. Sickles! — Now, what shall we say ? Can ther« be a doubt? And yet you are called upon to say that my client is guilty of a wicked and malicious lihc] for calling the attention of the public to such a scene as this which I have exhibited before you. One word, gentlemen, as to the soiled tickets. We have been told by a witness, and he a gentleman of the profession, that these parties were satis- fied. He waited on Mr. Fay for liis certificate- And we are told, in the same breath, gentlemen, "Mr. Drake, will you sign that certificate?" " No " WJiy not ? " I don't Hke to have my name appear." Yet he de- sires Mr. Fay to sign. And why notsign with him ? Because he durst not say the tickets were not soiled. But the managers tell us they were not soiled as if worn in the pocket How did Mr. Drake think they were soiled ? 'Tis in vain to tell us of gentlemen's delicacy. The very next newspaper informs us that Mr. Drake is one of the satisfied persons. filjome fanciful accounts have been given us on this subject. You have examined for yourselvps, I will not detain you with the discussion (*f what you are best qualified to decide by your own Inspection. We are told of the tickets having undergone a great many manipulations, and of other equally weighty conjectures ; 'tis all nothing. You will consider the facts of tlie insurance, the mode of drawing the tickets, the soiling, and other circumstances together, and judge for yourselves. Gentlemen, I have taken a very cursory view. 1 have not put the cause on the question of malice in the defendant, though he must appear to you to have been malicious and to have written in malice, before you can con- 101 Vict him. He stands before you as havinp brought to light a course of a* •nefarious proceedinjjH as were ever exposed to the eyes or ears of a jury Notliinjii;, indeed, hut a judicial investigation could bring this business of lottery management fully before the public Our characters are interested in the result, the character of the -whole community is interested. If the facts had come out differently, no man would have bi'<>n more gratified than I to place this cause on the mere ground of inattention on the part of the managers of the lottery. Mr- Baldwin had no motive but the lore of truth, fairness, and the public interests. He has even sacrificed his own political attachments Hnd connexions. He stands before you elevated in character I kliew him not until I knew him here. Aijd if there ever was a man that deserved praise, he is the man. If managers can become contractors, if managers can be guilty of carelessness like that which has been disclosed, it is time to seek a remedy for such evils. Gentlemen, I deceive myself if the result of this trial does not effect the remedy which is required. We are told that one of these men, who are now making the most conspicuous figures before you, is to be a manager by and by. He says so himself, but I cannot doubt that the executive ol this state knows his dutj', and the legislature know their duty, too well to realize his expectations As to the law, gentlemen, I leave it to be explained by the court ; the facts are what I request you to consider. You ought to require only circumstantial evidence. If you ask positive, direct proof, I think you do wrong. Take the case with all the circumstances ibrtt belong to it I have done my duty, not, lam afraid, with the ability you may have expected. But if you reflect upon the plain facts as I have set them before you, the result will show, I am persuaded, that fraud has been practised, that the managers have been guilty of carelessness, and that Mr. Baldwin deserves at once your acquittal and your commendation. Mr. Ogden succreded Mr. Hoffman on ihe same side, and spoke to tlic following effect : Gentlemen of the Jury, Fatigued as I am, and as you must be, w ith the length of the trial, I shall detain you as short a time as I possibly can, without failing in the duty which I owe to my client. That it is a strange world, gentlemen, in which we live, is an old observa- tion ; and if any man ever doubted it, let him doubt no longer. The pro- ceedings in this cause have proved it true beyond all contradiction. Here is an indictment found by our grand jury, not against the men whom in my soul 1 believe to have been guilty of dark and corrupt villany, but against an innoceot individual, who has had the boldness to come here, and in de- spite of obstacles and dilTiculties that would damp the courage of most men, to expose a series of transactions equally injurious to the community at laige, and to the managers whose characteis have b( en implicated. Con- trary to the usual course in criminal proceedings, the unoffending man is the person accused, while those who are really guilty are called upon to giTe evidence against him : — And it is on them that you are in fact to pro- nounce your verdict. Where is the man who hears me that does not know that it is not on Mr. Baldwin, but on others, that the decision is to bemade.' Why is this room filled with spectators, if they do not know that if is not to inquire whether Mr. Baldwin is a libeller, but whether a number of per- ?oa», some of them of high standing, have violated the trusts reposed in Id2 them by public authorit}*, that this trial is proceeding ? It is well for the interest of this roramiinity ; it is well for those charged witli fraud in this pretended libel, that they have been themselves heard and under their own oaths And if after all, they are convicted, it is not because they have not had a fair trial. The di>f«'ndatit, gentlemen, is a stranger to me. I never knew him till after the indictment Avas found against him. I never he,ard of him or of his paper until this prosecution brought him to my acquaintanc«. He has thought proper to confide to me a part in his defence; aqd I do trust in God he will not find his confidence misplac<:d. The truth, however, is, that never in the course of my long practice, did I rise under more unpleasant feelings to address a jury. I am sorry that I must injure the character of Mr. Sickles ; and especially, for the sake of his connexions, whom I have long respected. But I am under an impe- rious sense of duty, which leaves me no choice. I stand here as a minister of public justice, and I should be wanting to myself, my country, and the profession to which I belong, if I did not proceed according to my convic- tions and the facts of the case. Gentlemen, the question for you to determine is, whether there has or has not been fraud somewhere in the management of our lotteries, I mean to put my client's case on that broad ground. If you are of opinion with mc here, you will, without retiring from that box, declare your verdict for the defendant Has there been fraud ? This number 15,463 does not stand alone- Be it remembered, that when they went to examine and found it soiled, they told Mr. Gilchrist to look also for S8«5 and 30;— and why ? They had all been insured. They told Mr. Gilchrist to look at these two other numbers and see if they were not soiled. (Mr. Wells.) There is no proof of that insurance. (Mr. Ogden.) Sir, why should they have hit on those numbers if they were not insured ? And they were all soiled. At any rate, although witnesses have been examined to prove that 15,468 was not soiled, there is BO proof offered to show that the other numbers were not. This soiling of the tickets is one circumstance of fraud. What other evidence have we ? Mr. Judah goes to Mr. Thome, and tells him this num- ber 15,468 has been dreamed about. Did he tell him at that time that he had received an anonymous letter? No. Did he tell him there was his authority .' No. Afterwards, at 9 or 10 o'clock, he calls again, and is told the insurers Avon't pay. What is his reply ? Does he produce the letter ^ No- But he says he is sorry for it if there has been fraud- Mr Thome swears he never did tell him of the letter; and Judah himself does not pretend that he did say any thing of it to him. But why did he apply to Thorne .? Had he ever done so before ? Mr. Thorne says no. He has got this creature, Moses, to say he had. But he never did till that time; — and uhy tell Thorne to keep his name a secret? Mr- Thorne swears he did tell him so. Why? If Judah meant no fraud, where is tiie reason ? Honesty does not seek concealment ; honesty does not seek to hide its face. There is no better evidence of fraud than this kind of secresy- And remember that Mr. Thome's testimony is, in this, uncontradicted by either Moses or Judah. But, gentlemen, Mr. Judah swore that he received an anonymous letter. Where is it?— He destroyed it- When? After this controversy had arisen, aft(;r these publications of the defendant had been made in the face «f the world, Mr- Judah destroyed the very document by which he might •therwise, perhaps, have sustained his defence against the charges brought upon his conduct. If he had a genuine letter of that description, do you 1«3 Wlieve he would have destroyed it? Would he have parted with the only means of defence he had ? — Impossible. Again, why is it not produced ? Because he feared the handwriting might be traced. He \vas afraid some unfortunate witness for him might iiave been found who might say that such a person wrote it. It was there- L'jre safest to destroy this evidence which would probably have shown that ke had been guilty of forgery too. But gentlemen, who wrote this letter? If it was Judah's friend, why does not that friend come forward now to clear up his reputation ? If a friend wrote it, it must have been from friendship. And yet if Mr. Judah is to be l)elieved, that friend suffers him to be dragged before this jury, and his reputation destroyed, without t.iking the trouble to appear \n his behalf in such an extremity. Again, Did Mr. Judah think this letter unimportant ? Was he not con- vinced that every writing of defence would be necessary to him ? But h« pi-eserves this letter of the insurers to him. And why ? Because he knew it was necessary to show his innocence before the jury. Why did not the same caution make him kei-p the other ? Again — what is Mr Judah's conduct when first informed that the in- surers refuse to pay ? He calls them rascals. He says he will knock down any man who shall suspect his honesty — and yet, the moment he finds the business is going to b»; developed, he changes his tone, he gives up his policies, and like a guilty coward he yields every point. Would this have been the conduct of an upright man ? Such a man would have .set the threatened investigation at defiance. Again — He tells those gentlemen, as an inducement for giving up the policies, I have been your friend, I have tried to prevent you from being indicted by the grand juries in which I have served. What is the language of this ? I have had it in my powe,r to have you indicted, but I neglected my own duty to screen you. Only do me now the favour to tike back ihe policies and hush the matter up But Mr. Judah says he wa*> actuated by diflFerent motives. He says he settled with Mr. Smith, and yet afterwards gave back the money. Gen- tlemen, where is this Daniel Smith, that he has not been sworn to this? How happens it that this Mr. Smith has not appeared here in court to cor- roborate Mr. Judah in that important fact? His absence speaks louder than any thing he could say if he were here. Judah knew that Smith would not support him if he were to be present, and therefore he is absent. Gentlemen, whether those tickets were or were not soiled, I do not mean to discuss before you. Mr Gilchrist swears that before 16468 was exa- mined by any body he found that it was soiled. He still continues of the same opinion. But you are told, and will be again, on the other side, that the course Mr. Baldwin has taken is most extraordinary, because the insurers all were satisfied, and avowed their satisfaction. Why satisfied ? Because they had gotten their money back! They had no further purpose to answer: and tliey were willing that the subject should be put at rest. Did these gentlemen even pretend they were satisfied respecting Judah s inno- cence ? But genllemen, are you satisfied ? You have a view of the whole ground: thty had not. The question is whether you are satisfied, and not whether they were at the time. Gentlemen, have you now any doubt that there has been fraud in re- gard to theiie aumbera ? If there haf, Mr. Jud.-Ui could not commit it 104 alone. A.nd I think you will say that his coti federate in that fraud has been 3Ir. Sickles. The managers are acquitted. The boys are acquitted. Who then had access to those wheels, besides tlie boys, the managers, and Mr. Sickles ? Nobody. It is then utterly impossible that Mr. Sickles was not guilty. Gentlemen, in considering the conduct of Mr. Sickles, I repeat that it is one of the must unpleasunt duties that ever occurred in my professional life. I am aware that iiis character has ht- retofore been good and irre-^ proachable. And his family connexions are some of the most estimable citizens to be found among us. Added to this, he is a man far in years, he is a member of tlu; Dutch church ; and he ought on every account to have avoided putting himself in the way of reproach or even of suspicion. You will naturally ask, what motive could he have had for conduct like that with which he is now charged- Gentlemen, it is impossible for us to enter into his bosom and search out the motives which may have had exist- ence there. It is an inquiry between himself and his God. Fropti the bottom of ray heart I am sorry for him. But sorry or not, it is my duty to say that the evidence in this case fixes indelibly upon him, the brand of misconduct and of fraud. Gantleuien, if these numbers that were lost and picked up had ever been put into the wheel, who put them in ? Mr. Sickles was the only man who assisted the managers in putting in the tickets The managers are acquitted. Mr. Sickles then was guilty of withholding them from the wheel, if they were withheld. Again, if the numbers had been originally in the wheel, and w-ere fraudu- lently taken out afterwards, it was either the manager, the boys, or Mr. Sickles, that did it. The two former are acquitted on all hands ; and there- fore Mr. Sickles alone remains subject to the imputation of the fraud. But you will be asked why should the charge be laid on Mr. Sickles ? Has not the evidence justified this ? He has himself sworn to you this day, that never, while he was a manager of a lottery, was he the owner of a ticket in that lottery. He said this over and over again. And yet, in his cross examination, he confessed that he had been one of the secret contractors who became the owners of nearly all the tickets in a lottery of which he was a manager- Again he has sworn before you, (although he had before sworn as I have stated) that these very contractors drew the highest prize in that lottery. Gentlemen, could he have forgotten this circumstance ? Is it possible he should have forgotten that lie h.id shared one sixth of that very prize ? Gentlemen, I must say that he lioped it was not known, and that he might thus pass undetected- Is this the only thing ? Mr. Sickles told Mr. Burtus and Mr. Brower tliat they need hot be afraid of the low numbei-s. Mr. Burtus says he told him those numbers were not in the wheel. Gentlemen, I do not know- Mr. Burtus- You saw him. He will probably not live long, he is sick, perhaps on the brink of his grave, and yet he swears that Mr. Sickles did ») ike to him such a communication. Mr. Sickles tells us that having made it to Mr. Burtus, he thought it his duty to communi«:atei the same thing to Mr. Brower Why.' They were both his friends; he did not wish to give one an advantage which he withheld from the other. But after these charges have been brought against Mr. Sickles, and his character becomes involved in the question of fact respecting them, we find him going to those gentlemen and telling tiiem not to mention what he had said to them. And yet we are now told that he was then in jest, • nd can youberieve him.' (Court.) No, Mr. Ogden ; Mr. Sickles' own tes 105 titnony is, that he was serious in what he said to thfm ; but he has Binre told them that he had been in jest. (Mr. Ogdcn) So much the worse. YcH ; Mr. Sickles does say tliat he afterwards told them he had been in jest, and that he did this to prevent tlie thin^ from beinj; made public That is, he told those gentlemen a palpable falsehood — or else lie has pre- varicated — the coiiiisei may have it which they will. Is there any other fact ? Mr. Sickles goes before the grand jury and testifies that he picked out of a crack ten tickets. What does he say now ? why, that he did say so before the grand jury, but that he now thinks he was mistaken. He says he was told by the bpys that they had picked up fft?ec or four. He did not, however, go and search where those were found — but as if guided by some miraculous aid, as Judah was, he went directly and turned up the carpet on the very spot where he found fllJ«e other tick- ets. And did he tell any body of his singular discovery ? No- Did he say, why here are three more tickets ! Here is a parcel of tUcm in a crack I not a word of the kind. He says he took them up, that he told the fact to the managers, and that they told him to keep them till the last day's draw- ing. Gentlemen, Mr. Gilchrist has been sworn, Mr. Gilbert has been sworn, and several others have been sworn, who all have said that they never beard of these tickets till this unfortunate old gentleman disclosed the information here! Now, if Mr. Sickles did find more than three, he must have destroyed some of those which the boys found and substituted others. Gentlemen, they were all in the fourteen thousand. Mr. Sickles had been told before by Mr. Burtusthat a man had urged him to take a policy on those lumbers that they would not come out till the last day. And I ask, Gen- tlemen, if this was not Mr. Sickles' motive at that time ? What business bad he to go and show those to Mr. Burtus, to a man who might take ad- vantage of the disclosure ? If they were entrusted to him as he swears they were, it was under as great a moral obligation of confidence as it is possible to conceive. And he violated the trust. He went and disclosed the numbers of the tickets — Gentlemen, he must have had some motive — he did not say here what was the motive. When therefore you find him violating his trust and unwilling to assign the motive, you must assign one for him. Gentlemen, these Three numbers were not only kept out of the wheel, but after they were put in, one of them drew a ten thousand dollar prize. The prize belonged to a gentleman up the North River against whom I do* not certainly moan to bring any accusation. And whether there was any fraud in the drawing of that prize is now unknown. Well, do we stop here ? Is there not other ground to suspect Mr. Sick- les ? He goes to Mr. Brooks, and Brooks informs you that he told him that if he would get a note discounted for him in Mr. Barker's Bank, he was going to be a manager, and " theif could play ijito one cmother^s hands.^* Gentlemen, you will be told the meaning of this was, that he w as to soil tickets to Mr. Brooks. But he would be bound to sell tickets to any body tliat should apply. It was/ou/ play that was intended. Gentlemen, he tells Mr. Haines, I want a sum of money — and then of- fers, as an inducement for him to ask an old woman of his acquaintance for it, that he is going to be a manager, and " may be able to scri'e him in turn .'"■ He ui5ed, thei*efore, this circumstance of his being likely to becorpe a mana- per, for bis private convenience, as a consideration on which he was to pur- chase favours and accommodations ! We Come now to the Owego Lottery How was that prize ticket drawn'? Mr . Strkl«s says he held tip bis hand — and b«* produceU a boy to C&nfirna 14 10(3 hh tostinjouy, and ihe l)oy says he did not hold up his liand in the manner hij has sworn tliat he did. And again, we have a witntss on the part of the iiefendai)t, who swore positively that he put his hand in the wheel with- out holding it up. I do not care whether it went under his coat or not. No matter. He says his arm has been hurt with a knife, and that it is apt fo get weary with the exercise of drawing, and occasionally slips down by leason of the injury and the fatigue together. Gentlemen, this was the very first ticket drawn out of the wheel that day. Of course there was no fatigue. He was not a manager of that lottery. The managers were all of New- .Ter:?ey, and they did not know how these things were done. Mr Sickles lias taught them by his example. But he said it had been considered by other managers derogatory to hold up the hand. But, then, what motive could Mr. Sickles have for practising a fraud in the drawing of that prize? Gentlemen, Mr. Deniston, from Albany, has been f>roduced as a mtness befnrre you. Mr. Deniston himself says, that hehas hitherto told and persevered in a direct falsehood on the subject of the ownershipof the prize. Nay,infinitely worse,he tells you thathe prevaricated bf fore the grand jury, so as to leave them to believe that he did not own the whole ticket ; and yet he says, the fact was, that he did own it ! And, now I leave it to you to say, whether you are, under these circumstances, bound to give any faith to Mr. Deniston's statement, and to graduate the .flifference between such conduct and perjury itself. It is evident what the grand jury thought. — They did not know that they had a right to ask who ■was the owner of the other half of the ticket. Mr. Deniston then knew that he was giving them a false impression, that he was prevaricating, and I may say, jesting under oath before the grand jury ! If then there is ground to suspect Mr. Deniston in one part, why not in nil .' What confidence can you have in a man who admits that he has been in the habit of uttering falsehoods, no matter from what motive, and who has been guilty of such conduct as I have described when under the solemn obligation of an oath? Gentlemen, he has even prevaricated be- fore this jury. He has used here the same kind of language when on his direct examination that he did before the grand jury. (Mr. Wells here in- terrupted the speaker by some contradiction of his statement respecting Mr. Deniston's testimony. Some conversation ensued between the coun- sel and the court. And at length his honour the mayor expressed his opinion that Mr. Ogden was correct.) At any rate, gentlemen, it was such as induced me to believe, that My. Deniston owned but half of the prize, which on his cross examination he declared to be all his own. Gentlemen, is there any other ground to suspect Mr. Sid^les ? The ticket 15,468 was not drawn directly from the wheel, and then called off by him. It is proved before you that the boy threw thkee tickets into liis lap, and he called off four! Under all these circumstances, inasmuch as this old gentleman was the only person who had access to the wheels, and tickets, besides the mana- gers and the boys, Mr. Sickles must be guilty. Judah could not have got at the thing in any other way. I have now, gentlemen, gone through with what I meant to say on the ^.uhjict of fraud. I sincerely hope the evidence may not strike your minds :'S it hasmine. I hope you may be able to say that Mr. Sickles is jiot guilty. ■ Bui, gentlfni'-n, even if he is not this guiltj' man, you are still bound to acquit the defendant. If this lottery has been so conducted as to giv» i-jyuds forsusoicion, it i.'; enough, and you are of en-— • 107 client of any oifence in thinking and publishing as lie has done; and the court will tell you that the law is so. In order to convict him at alt, y«M must convict him of malice. — Malice in what ? Malice in callingup a sub- ject of this kind for public investigation ! It was his duty— it was his duty to spread it out before the public and the world ; and if there has been ah error in the management of our lotteries, to take care that the evil be cor- rected. I have gone throURh. — I hope it may be possible for you to say that there has not been fraud. You must indeed determine on that point. But I shall be gratified, if there has been nqne, to iiuve the jury find llwi fact to be so. 4fter Mr. Ogden sat rZowu, Mr. J Ay proceeded to the sunimnig up of the evidence on /he side of the prosecxdion — ivid spoke. substantially as folloxos : Gentlemen of the Jurt, Feeling as I do very sensibly for the interests of my clit-nts^l cannot but be also sensible of the very disadvantageous circumstances in which I rise to address you. The jury have been listening for a diiy and ;i half to the other side, IJtefore they came to h«'ar the witnc^i^es that have been sworn in behalf of the prosecution. It is scarcely possible they should have come at last to hear the testimony of those witnesses withonf a considerable bias upon their minds. In addition to that, they have now heard eloquent speeches made by some of the most able men at the bar. It is as much as is expected, gentlemen, that you will give us a fair atten- tion — an attention arising from your sense of duty to yourselves and to society. The allegation of the defendant is, gentlemen, that there has hern a deep laid scene of villany in tin; manHsement of our lotteries. One of thi- counsel on the other side has said that this will Ihi sufficiently made out, if it appears that any fraud has existed in connexion with the subject, I ii. they were au thoi\/,ed to appoint a person to Mr. Sickles' office, could they, on tin: whole have made a better selection? They cho?e a man wjjojc charagte.r 108 stood ;ls ra'ii iu every point of view as any other which they could have roniid in the community. Where was the impropriety of this? The office required integrity — and Mr. Sickles' integrity was unimpeached. Again, they employed a boy to draw with a sleeve, instead of having it done with the naked arm. Now, gentlemen, this is the manner of draw- ing whi('h has prevailed for many years. The boys are not convictid of fraud in any case, however far back they go. Yet this is culpable negli- gence to appoint boys in this business. — Is this fair.' And even an im- provement in the article of the sleeve is thrown in the teeth of the mana- gers.— Is this fair ? But it is said that in England no mistakes occur. How do we know this .' A gentleman informs mc that he has seen a c^se of » a suit respecting a ticket which had never been drawn. Gentle-non, would it not be a miracle if in that immense mimber of tickets which have been put into the wheel and drawn from it, in the short spiice of time allotted to the drawing of a letter}', no single accident should have occurred ? It would have been a greater wonder than that a few mistakes should have arisen. Before we leave the managers, gentlemen, let us consider the case of Mr. Deniston. He is charged with perjury — what is the proof? He held a ticket in the Owcgo lottery, and it was a prize ! It is said that Mr. Sickles drew it,and that he corrupted him todraw it — Why, there is a witness who says, that when Mr. Sickles drew that ticket, he let his hand drop partly under his coat ? Were was the use, then, of his holding up his hand ? The fraud might have been committed in this way as well as if he had not held up his hand. Gentlemen, the boy, Gregory, is either to be believedj or he is not. In the one c-ise Mr. Sickles did hold up his hand — in the other, you must contradict another witness who confirms the boy's testi- mony. Doubt not that the boy speaks the truth. In fact, his statement is sufficient to reconcile all three of the witnesses who have testified on this point. But Mr. Deniston h.as said that he had a part owner with h'm in that prize. Mr. Deniston never swore to that. In saying it he certainly did wrong. But are you therefore to disbelieve him when he comes to swear before you ? He told Capt Roorbach and Mr. Waite that he was the sole owner. Those gentlemen came here and tell you he did. Before he went before the grand jury, he took their foreman Mr. Price aside, and begged that he misht not be pressed on that point. But the gentlemen say he prevaricated. He did not. He was not bound to answer to every thing that mii;ht be asked, but only to material questions. — But it is sairevaric,ited heri^. On that point I have not a doubt. Mr. Deniston de- nied that any of his connections, or friends, or that Mr. Sickles hjid any interest with him in the prize This was on his direct examination. But when the court obliged him to an.swer the question put by the other side, he then admitted fully that he was himself the sole owner. A nd these two facts are the basis of the serious charges that are brought ag.tinst Mr Deni'ston. If Mr. Dvniston, gentlemen, had been pondering a fraudulent conceal- ment., would he have ever proclaimed to the pul)lie that he had a private part owner with him in that ticket? He used no secresy in huyiog the ticket; he was understood to be the owner; Mr. Allen wrote him a letter to Inform him that the prize was his. No rogue would ever have d«»ne as lie did ; there is no possible motive for it. But immediately aftei- this transaction, we find Mr. Sickles to be in want of monty. He. is pressed ; he is oblfged to borrow, to borrow in various pflii'Mrs : .'uid he i* cvon bronnlit to the necessity of putting his house and 109 home under mort^a^e to get money. Would these difficulties have occui^ ed, if he was in truth the sharer of that prize? One other charge is made against 3Ir. Denjston, gentlemen. It relates to the present lottery. It is said that he was concerned in buying tickets with Mr. Sickles- Do you believe that? There was a number of llie friends of Mr. Deniston at Albany, who wished him to get some tickets for them, if possible ;it first cost Mr. Sickles wanted thirty. Mr. Deuistoo for them, tAventy. The fifty are bought. Mr Deniston takes the twenty to Albany, and delivers them over to the persons for whom he bought them This is the whole extent of his offending in that point. I do trust, gentlemen, that in relation to Mr. Deniston, there is no longer a suspicion. VVc come now to Mr. Sickles. A great deal of pains has been taken to show that it was in the power of Mr. Sickles to cheat. Every man may do so, gentlemen, if he have the disposition ; the treasurer of this stale may cheat the state ; the treasurer of this city may cheat the city; the president of the United States may cheat ; every man may do so. The managers had the power, the boys had this power, the clerks had this power — and yet to conclude that Uiey all did what their ability permitted would be harsh. Cfentlcmen, there is nothing more harsh than suspicion. General Hamil- ton himself was suspected of peculating in the ])ublic funds — Mr. Dallas was also suspected. One of the secretaries of war was suspected. If a man has it in his power to do wrong, and the slightest circumstance is to give rise to foul suspicions against him, if suspicion is to get into our judi- cial tribunals, and to mingle its gall and its wormwood with the adniiui.s- (ration of justice, then our tribunals will be our prisons, and our halls of justice will be places of cruelty and siispicion. Gentlemen, who are the witnesses who come here to accuse Mr. Sickles of infamy, of perjury, of having violated his trust, and of appearing now before you to overturn a reputation established by a course of years ? Who are they ? Tho'se very men who make their daily bread by violating the laws of the state — the defendant himself, and those other insurers. Does it lie then in their mouths to say that Mr. Sickles has been guilty of the offences charged against him, and that lie has violated those laws ? There waa, indeed, at the time when Mr. Sickles was the owner of those tickets, which have been mentioned, no law agaiust it. (The court here expressed an opinion that the proliil)itory law had been then in force. Some conversation took place — and Mr. Jay proceeded.) I had supposed that the law was subsequently enacted — but perhaps it may be oUjer- wise. Gentlemen, these witnesses come before you to testify against Mr. Sick- les in n'jrard to his concerns in the management of the lottery, after having certified und»r their hands before the public, that the present luftery was as fairly conducted as any other lottery in the United States. They have published their certificate to that effect in the paper of the defendant him- self, • and they tell the world in that certificate that the)- have investigated the subject. But thi-y prntend now that the concluding Paragraph of that article was dictated by Mr. Judab — what then ? Did not they sign it ? Did not they put their hands to it ? And do tiiey come here to say that they have all been tcllinR a deliberate lie? Is it no impeacbment of their testimony before you, that they have lied to tjic public? And that they have lied thus in regard to these very Cauds which they are now come to establish ? Gentlemen, after all the farts which have been disclosed on this subject 110 had coHie out, the defendant himself published in his paper on the 24th of September, that Mr. Sickles and Mr. Jiidah are to be believed upon their oaths as much as any other persons whomsoever. And yet he would now have it that they are guilty of both fraud and perjury. These circumstances are intended to raise suspicion. And now, shall mere suspicion fix itself upon a man, so as to destroy a permanent good re- putation .'' They collect not only what has happcn»id lately, but every thing that can be found within the last half-dozen years ; every accident that has happened, every dropping of a ticket on the floor, whatever tri- fling incidant has ocx:urred, — they are ail brought to bear on this one point as on a focus, and Mr Sickles is to he their victim. What are the frauds ? What are the circumstances ."' Why, an attempt was made upon the little boy. What inference from this i" Is this to became a charge upon Mr. Sickles ? If not why go into proof respecting it ? Why, to make an impression on your minds. The boy told his grandfather — and the grandfather detected the offender — is this a fraud ? What else ' Why he told an insurer that he need not be afraid of number 3. What then ! Why, if the insurer had gained by it, what would not have been said .' But he insured and lost- I think there has here been some misunderstanding on the part of the Court and of tlie opposite counsel. Mr. Sickles became composed, ht had been in the habit of going to the offices, and of jesting with the brokers. Well, Mr. Sickles, when will such a number come out .' O, I do not know — it will come out such a day. At least, Gentlemen, such may have been the basis of all that has been proved in this cause in relation to what was said by Mr. Sickles to the insurers respecting number 3. The Court, however, have received a different impression from Mr. Sickles' statement. The facts are for you to decide. As to the other numbers — Mr. Sickles had been long concerned in lot- teries. He had observed that the low numbers usually came out late in the drawing. This he accounts for from the manner in which the numbers are put into the wheel. In turning the wheel these get mixed ; but the most of the low numbers usually come out late. This is Mr. Sickles' the- ory. It may be light or wrong. It was called by him his motive. It cannot be called a motive; it was his theorj'. Mr. Sickles says on oath that he did not tell Mr. Judah %vhat he told to Mr. Burtus ; and Mr. Judah corroborates his statement. But one of those gentlemen to whom Mr. Sickles made the communication, says he also intimated that the low numbers would not come out ; and he inferred that they were not in the wheel Mr Sickles says he merely told him that those numbers would not come out yet ; and so Mr. Burtus had no right to suppose that he meant to intimate that they were not in the wheel. But gentl.'inen, what motive had Mr. Sickles in tliis business.' What motive'coul',! he. ha*e ? lie wtuit to Burtus — did he ask any favour? Ncine under heaven But he goes to Haines. Now, gentlemen, a man liaving controul of this wiieel, able to commit any fraud against the lottery, .thought it seems, that he would try to bribe Mr. Haines to speak to Mr. Bates to 1« t>d him for his son .5iftOl and for wiiat?— Haines refused to do the favour, we are told, after he hail promised it — and yet Mr. Sickles wa§ to violate a future duty as a bribe for such a purpose ! He only meant, gentlemen, that he should have tickets and that Haines would want to buy thorn. But Mr. Sickles has violated his oath? How? Why he went to the granrijury and said h<- had found 10 tickets ; whereas, on reflection, he Ill says there were onlj' 6 or 7. Now what difiorencc does it make ? None at all under heaven. What motive could he have for the mistatement before the grand jnry if he did not then believe it; or for the correction here, if it be not the truth ? He comes here, not to di file his conscience, but to cleanse it. When the tickets were found, ho went to Burtus to show him that he was right in his supposition, for that there were three of the tickets in the fourteen thousand. But it is said that 3Ir Sickles put the tickets under the carpet, and it is said he destroyed some of them and supplied otliers- Do you believe this ? rt is impossible. Come we now to the grand charge — Mr. John S. Smith says that while he was then with his book checking down the numbers as they came out, he saw that three tickets were thrown into Mr. Sickl<^s' lap and four called. If this be true, I give up the point, and admit that there was fraud. But you will consider how this man Smith gave his testimony, how he hesitated, what uncertainty and doubt he betrayed, and how imperfectly it was that he could be induced to testify at all. I am persuaded that you cannot on such testimony convict a man who^e good character has been long established, of such a crime as that which is attempted to be fixed up- on Mr. Sickles. Gentlemen, the tickets are drawn with great rapidity,— eight or nine in a minute. And yet this witness Smith pretends that he could take them down in his book as they came out, and at the same time observe whether they were called off precisely as they proceeded from the wheel ! But the tickets were seiied ? Gentlemen, I leave that question entirely to you. You have seen it, and you have heard the testimony. I imitate the conduct of the counsel on the other side — I leave it to you- As to Mr Judah, I do not roe.-.n to make him the scapegoat in this cause. He comes here as a witness and not as a f»arty. His testimony is contimred by two other witnesses, Mr. Moses and Mr. Burjeau, aad devied by Mr. Thome only. Now if, on the 24th of September, after all these things had been laid open, the defendant published that Mr. Judah was to be believed, how does he come here to acuse him of fraud and perjury, as a man who is not to be believed ? It is needless to bring other witnesses to support Mr. Judah's character. The defendant himself has done enough — and in adb- dilion to this, Mr. Burjeau supports the statement of Mr. Judah. Gentlemen, the story is undoubtedly an improbable one, that a man should insure on a dream and hit. It is what might happen once iu a thousand times. Yet it belongs to the doctrine of chances that improba- bilities should sometimes happen. This is ever essential to the doctrine of chances. But thrae of their own witnesses acknowledge that they have insured on dreams. And one of them has bit upon a dream. It is not then so unusual a thing to insure on the faith of dreams. When thfere is no weight on one side, gentlemen, the spiallest on the other will turn the scale. A thing is not false merely because it is extraor- dinary. You cannot judge in tliis manner. Gentlemen, it is growing late. I shall only beg you to remember that the whole testimony in regard to Mr. Sickles is circumstantial in its nature Tliere is no positive guilt proved. There is nothing but bare suspicion* founded on circumstantial evidence. And if in such a case as this charac- ter is of no moment to protect the accused, what is character worth ? If it serve us not here, when and where can it stand us in stead ? Not in the other world gentlcTHco ; for their character i's to be determined not ai: liv. ■ '.Wording to the opinions of men, for it is the result of human estimation. And not in this woHd, l)ecause you are to overturn it without a particle of direct proof You are to helieve that a man groK'n old and grey, a man to ivhora no slnglu act of baseness has ever before been imputed, whose character has been supported by the unqualified testimony of many wit- nesses from amou^ the most respectabfe meinbers of the community ; and when this man, too, has been lor a series of years under public obser- vation ; you are called upon to consign tliis man to the grave, not only with sorrow, but with infamy ; and that by c()nvicting him of a crime for which po sufficient motive can be assigned, upon the ground of mere cir- cumstantial evidence and suspicion. Gentlemen, I do trust in your justice that you will not destroy him in that way. IVIh. Wells followed Mr, Jay, in hthalf of the proeecution, to thefoUowing effect : Gextlfmen of the Jury, It is not to be expected at this late hour, fatigued as you are with the tong continuance of your important duties in this cause, that I should enter minutely into tite wide and complicated range of facts which a trial of fhree days has brouj^ht before j'ou. I am myself unequal to the task. The fatrgue has been common to us all. I fear I shall not do justice to myself or to the cause in wliich I am engaged. You hav^e been told, gentlemen, that it is a cause, which ha^ excited great pirblie attention. And it is among the misfortunes which attend public excitement, that it seldom fails to combine w ith it public and private prejudice. Fraud is easily charged, and we are apt to listen with an open and a greedy ear to such charges. They are charges which every man Can make, and they can be propagated by every man who has a set of types at his command. Ho has nothing to do but to put the matter forth, »nd there is every where a disposition to listen and to believe. The hu- man mind in all its purity cannot resist impressions of this kind. And thus it is often the case that the publie mind is made up, and the verdict made up also, before the trial has commenced. Gentlemen, even on this occasion, the counsel have mingled politrcal considerations with their remarks, as if politics were to be identitied with \he Interests of this trial and were to give character to your verdict. I trust t^at when you shall come to pronounce your decision in the cause, you vvil! have laid aside any irhpressious which may by such considerations h-ive. been made upon your minds. The charges, gentlemen, on which this libel is founded, are of no ordinary kind. But the well earned reputation nif a man whose head has grown hoary in the presence of the public, is not to be destroyed by a research into his public conduct at this late period of his life. The defendant has undertaken to charge broadly upon the managers, upon the sub-manager, and upon the boys, a deep laid scone of villainy, of fraud, and of swindling. The defendants counsel, aware that tlu'y could not maintain this charge in its full extent, have sought to avoid part of it, and to fix the burden on a single individual. While you are told that the managers are acquitted of fraud, in the nn»i before him. Several witnesses have told you they have done Ihe same thinjc. Three witness have told you, that they have either bought tickets or procured insurance on thein on this principle, and that they suc- ceeded in the result. Thome, himself, has told you that he has done so, though he did not happen to hit. If he had hit, I do not believe he would have thought himself thereby guilty of fraud. Mr. Judah then, not wishing to have it in his own name, employs Mr. Thome. Is there any secre^ ? He assigns the reason; he points out the ofiices — and this is another badge of fraud ! Gentlemen, he was in the habit of covering those offices. Wheo he got insurance he wished to be insured. Was it not natural for him to point out the offices .' I ask if this was not natnml, that he should take his measures so as not to he called on to take back the insurance upon himself.' — And yet this is an evidence of fraud! But he told Mr. Thome that he had dreamed this dream himselt', and that he dreamed it twice! In tViat point Thorne is contradicted by Mr. Judah, by Mr. Moses, and by Mr. Burjeau — three against one. And who i-s this Mr. Thorne ? A witness, gentlemen, who stands self-contradicted before you ; a witness who tells you that this was a fraudulent contrivance to get money — and yet he does not hesitate to pocket his part of t!ie fraud ; but he raises a great uproar against 3Ir. Judah who received nothing. I put it to you, what sort of a conscience must this man have. Gpntlemen, this witness has told you moreover, that he also insured, partly with Moses, and partlj' on his own account, to the amount of $260, ami lint he received the whole from the underwriters. But in this he is entirely incorrert. He insured for Mr. Judah S2,600, in which he had only gl2i> — and yet he says he was paid his whole g260. Now, gentlemen, this is not true. He was not paid in that manner. He was not paid hi.* proportion of the SI 00 that he insured for himself and Mr. Moses fi^jrethcr. All the witnesses on this part of the subject tell you that what he received was ten per cent, on the amount insured- He then received out of the ,^2,609 wjiich he got for Mr. Judah, the entire sum of j?2no. And if he received the rest, it was over and above this. He is not, therefore, as correct as he would have you believe. Mr. Thome's testimony, gentlethen, must then be set aside. Mr. Judah tells you that he did not tell Thorne that he had dreameil that number. 114 He says that he told him that it was a dreamed number — and Mr. Moses confirms him in that. But Mr. Judah made this insurance on the strength of an anonj'^mouH letter — and that is another very extraordinary thinjr, and it is evidence of fraud ! Have you any doubt that such a letter did exist .' He sliowed at the meeting of the insurers. But the writer does not appear ! and therefore you are to presume there was none? If this was a fabrication, would it not have been just as easy to leave the story where Thome left it? It would make no diiTerence. The letter, however, has been destroyed — and still Mr. Judah has preserved another letter of no use in this cause ! — Gentlemen, is it so ? The different persons who insured for Mr. Judah are those who set up this plea of fraud. They met Mr. Judah ; they cer- tified their satisfaction with his conduct. What use, then, to keep the anonymous letter ? It is not correct to say thut this letter was destroy- ed after this business was in a train of investigation : — and was it not of some importance to preserve the other document ?to show to persons who bad not known the progress of the thing ? to show to those who might still entertain suspicions .' And i*- not this a sufficient explanation that the one letter is preserved and the oth^r not i" Now, where is this evidence of the mighty fraud of Mr. Judah .■• Be- cause he happened to get insurance on (he ticket and hit ? Otiier gentle- men have done the same thing, and no imputation of fraud is brought against them. Other gentlemen have dreamed, and no imputation of fraud is raised. But because Mr. Judah did this, it is evidence, conclusive evidence of fraud ! Gentlemen, Mr. Jude'^, himself underwrote upon that Tery ticket — and lost. Again, if Mr. Judah had intended to make money by his fraudulent practice in this affair, why did he take a partner.' You may have any part you please, said he to Mr. Thome. Now if there was a fraud, would he have let Thorne in to share w ith him .' Upon what motive could he have acted, if there was really any fraud in his heart.' Well, the ticket came out — there was a hit — and several offices having insured upon the number, there was a buzz made about it. It was said to be soiled. — But when it wa.> taken off the file, Mr. Fay was unable to se- lect it ; Mr Baldwin was unable to select it ; his friends tried ; it could not be found. Not even Mr. Woodruff could designate it till he had taken the ticket into liis own hand. Gentlemen, I believe it would be an easy thing for atiy person to find a ticket in those circumstances. I ask you then, whether this soiling of the ticket affords such mighty evidence of fraud .' And suppose the fact to be so — it is evident that it was nc»t so much so as has been represented. It must be evident to you all that if it had been soiled by wearing in the pocket its appearance would have immediately indicated the fact. Gentlemen, General Johnson told you th?.'; the soiling might have arisen from the boys pulling off the string instead of cutting it. Your attention was called to that soiling as being on the edge and running across the ticket. I ask you if it was not so ? He expresses to you his own decided belief on tliat point. But you are told that in the very drawing of this number there was de- clared to be a fraud, that it was declared in the room at the time. W^here is the evidence of this'' Not one person has appeared to testify to that fact directly. Mr. John S. Smith, whose stammering, hesitating, reluctant mode of giving his testimony you must have remarked, is the only per- son Ihnt says any thing to tliis purpose- — He wbs employed in writing 115 down ill a bonk thp numbers as they were drawn from tiie wheel, and he is the only witness that speaks upon this point. He ventures to lialf-think. to scarcely believe, that there were three numbers drawn and fuin- called which was the number in question ? The first ? the second ' the (l)ird.' We do not know. I ask if you can place the slightest reliance upon testi- mony of that sort ? Gentltmen, assuming as the counsel have done, that there was fraud, 1o what purpose was Mr. Judah to involve himself in a controversy with those men the insurers ? He could not ask a jury to enforce the contract of insurance, for it was unlawful To what purpose was it then, that he was to get into a wrangle with them ? What else could he do than he did < Why should he not abandon the business where it was ? Where then is this evidence of fraud on the part of Mr. Judah ' The whole amount ofit is, that on turning up the chances, Mr. Judah happened to be successful. Who, then, was the operator .' None, sa)' the gentle- men, but Mr. Sickles. The Gentlemen have travelled back to a former lottery — the Jersey lot- tery in which he was not a manager but in which he drew out a prize tii K- et owned by Mr. Drniston. And here was a fraud i' The m;inncr of draw- ing tiie ticket is evidence of the fraud ! But Mr. William Smith has put the question of that fraud beyond all manner of dispute ! Mr. Sickles drop- ped his hand a little, yn-. Smith, did that excite any doubt in jour uiind ? Not the least- Il.nve you any doubt at this time ? 1 have none. But Mr. Deniston happened to be the proprietor of the tick«t — and here again is another link in tiie chain of this imaginary fraud. But what mo- tive could Mr. Sickles have?* You will perceive that it is necessary to find out a motive. If it should turn out to your satisfaction, that Mr. Sick- les had no intenst, and derived no more benefit from the court ^han you or I, then I ask if you are to believe that Mr. Sickles would commit a fraud like that charged upon him, for the benefit of Mr. Deniston alone, and from the mere motive and purpose of committing a fraud for fraud's sake? Mr. Deniston, gentlemen, has explained himself to you. It is apparent that he owned tickets in that lottery. There was nothing concealed about it. Again, if Mr. Deniston had a part in that transaction, which he did not wish to disclose, I ask whether it would not have been the surer courso to say that he owned the whole ? It was only because Mr. Diniston said he owned hut half, that Mr. Sickles was even supposed to own the other. No other person could he imagined. But if Mr. Deniston had meant to com- mit a fraud, and Mr. Sickles was in fact part owner, Mr. Deniston would have undoubtedly said, it is all mine. Mr. Deniston, however, did say to several persons, that h« owned the half of that ticket. In some instances he may have said that he owned but half; gentlemen, he has given you his expbmation under oath. lie has explained his motives. He had^ some time before that, a legacy given to him; and he had squandered on his needy relations that legacy, amounting to g20,000. He was desirous of making that legacy good to his family — and for this reason he said he was the half-proprietor of the prize, in order that the prize money might not be gotton from him and squandered in the same way. And how is this to be evidence of fraud ? It was a mere sort of pious deception. Gentlemen, on that very passage in the return steam-boat from Albany, after Mr. Deniston had received the notice of his good fortune in having drawn the prize, he told Capt. Roorbach that he was the sole proprietor, at least in so far that Capt. Roorbach had not, as he tells you, any doubt of 116 the fact. Do }'ou believe Capt- Roorbach ? Although Mr. Dcnislon had previously told this gentleman, that he owned but half, he then gave liim distinctly to understand that he owned the whole. He made the same communication to Mr. Price. He is said, indeed, to have prevaricated. I appeal to the testimonj' of Mr. Price. Mr. Price says it was debated among the grand jury whether they should put thf question. And even here, gentlemen, the question was not put to him till in his cross-examination. On the other side it was asked Who owned the other half — and he then explained. I do submit, then that in so far as relates to this Owego transaction, there is not a particular of fraud made out Mr. Denniston did lend a part of the money to Mr. Sickles ; but it was actually repaid long before any question was made about the drawing of these lotteries. With regard to Mr. Sickles himself, you are asked to pronounce your verdict on the broad ground of fraud committed by him. — A fraud com- mitted, when, and where? They would have you believe that he has been for years in a course of fraud. Gentlemen, where are the fruits of this ^ You find him in difficulty, you see him driven to the necessity of borrowing moni;y in small sums for occasional wants. Now if he has been in the habit of frauds against the lottery for years, would he not have reap- ed the fruits of them in some other way ' Is there any thing, or can there be any thing in this gossipping about the low numbers ? He said to Mr. Burtus, as it is alleged, that there were some of those numbers out of the wheel, and that he need not be afraid of them. And we are told that he said that Mr. Judah knew it. I rejoice that he said that Judah knew it. Now this very Mr. Judah was actually hit on that ticket. — And this very defendant was one of the persons who hit him for g600 * And do you be- lieve Mr. Judah would have made such use of this information ? Gentlemen, what motive under heaven ^vas there for Mr. Sickles to talk to these men, Burtus and others, as he did. If he had a fraudulent purpose would he pot have sounded them i" Could he not, and would he not have found in this city persons who would have partaken with him, and made an interest out of his information ■'' Mr. Sickles, it is evident, has never been the better for it. But some tickets have been picked up i' A witness was produced to swear that he saw a ticket fall from the wheel. Why, is it possible that so many thousand tickets should be drawn without one ticket falling ? And yet this is evidence of fraud. But some tickets were found out of the wheel ? Is there any evidence that low numbers were ever out of the wheel ? There is evidence of high ones, tickets in the fourteenth thousand, being out of the wheel — and they were put into the wheel again. Now can you believe that Mr. Sickles would have let the tickets accu- mulate to three or four, in the crack, before he could have taken them out ? Was it necessary ? If his object was fraud, he had only to take out one ticket ; he wanted but one. And when he had done with that, he had only to repeat the operation with a single ticket. The plan with which he is charged would have been the most awkward and absurd imaginable. Is it credible ? Gentlemen, Mr. Sickles has been examined before you to day. I was * This inimlier had been on Judah's books all along through the lottery, and sometimes for the amount of 7000 dollars ! On the forty fourth day he refusnd it as tnuth as ht dare do. Defendant among others had taken the number a pre- vious (lay for larger sums— he was act in the itcrtt ; others were ' 117 under tlie necessity ol' being in another court, and have heard no part of his testimony. I ask you if he has not satisfied you ? I ask you if you are prepared to blast his character forever ' He has established a character of more than half a century's duration. I ask whether that character is not opposed to those charges of the defendant aa a shield ? I have shown that there was no fraud. I come now, to s-how that the defendant believed there was no fraud at the time when he charged fraud In have been committed. Gentlemen, I will condemn him out of his own month. In the evening of the iid of September, and before the publication w hich is charged here as a libel wa.** made, this Mr. Biiidwin, with the counsel who has taken the lead in his defence, met with other gentlemen, to exanfine into this transaction. They went to examine this ticket which the defendant had not seen ; for he had previously spoken on the inform.ntion of others. And he tells you, when he came to examine for him?fir, that he had been misinformed. It was said to hiin, why you hr.ve said it was black as the ground. Yes, he say?, 1 see that I have been deceived ; I have been misinformed. Mr. Baldwin, and Mr. Fay then avow themselves satisfied. Young Mr. Sickles is sent home with a cheerful heart, supposing he has effected a satisfaction of hi^ father's enemies. Such was the language of that meotiog. " I should as soon think of charging fraud on any other man in this community as on your father'' Gentlemen, what follows this amicable explanation ? The publisher of the very libel you arc now called upon to decide on, the parties who had circulated those calumnies, proiiessed themselves satisfied. Now I ask, where are the justifiable mot i\es that this defendant can put before you ' They even signed a certificate declaring their satisfaction rot only in re- gard to this number of wliich so much has been said, but the whole lottery. — But Mr Judaii bugge^-fed stune words at the close of that statement! And one of the witneases who have appeared here, had the hardihoodto say be could not now tell whether he believed the statement. — And now, if the defendant professed himself satibfied, where is his justification'' Have they come to any new lights ? Gentlemen, I do commit this cause to you in the confidence, that you will feel that you have a charge of the greatest delicacy and importance in your hands — a charge interesting, not only to the characters immediately implicated, hut to the characters of the jury themselves, who arc subject, like others to be assailed by the licentiousness of the newspapers. I do ask you, therefore, to pronounce this man guilty of the libel — first, because there is no fraud to justify it ; and secondly, because, if there is not fraud he has not proved such carelessness on the part of the managers or their agents, as will afford him any justification for the libellous language he has published respecting them; but, he must have acted from malicious mo- tives in making the publication. Charge, hy his Honor the Muyor. Gentlemen of the Jury, After three days spent in the examination of witnesses in this cause, \ can easily imagine your fatigue. The court also are much fatigued. I am afraid I shall not be able properly t« discharge the duly which re- mains to me. I shall endeavour to be as short in what I have to say, a» the office I hold and as the interests involved in your decision will al- low 118 The defKiidant is charj;ed with publishing a libel. It is necessarj", in the commtiticement, that you should comnrehend the nature of the charge. A iib«i is a defamatory writing, publishea with a malicious intent against the object of it This is not a full definition; but it embraces all the poinLs that come under consideration at this time. A defamatory writing is one which accuses a man of fraud, or of infi- delity in any office or duty. You will observe, this does not include the consideration whether the charges are true or false. For if the charges are true, or are supported by evidence, it niaj' yet be a libel if published T\'ith bad motives — when the charges are not supported by evidence, it is to be presumed that the intent was malicious. But this presumption may be met by pr«of, and rebutted. In order to support the indictment, it is necessary for the prosecution to prove first, the publication of the libel, and then secondly, the inuendoes contained in the indictment, and which are used to set forth the meaning and intention of the pul)!isher in regard to the person supposed to be the object of the libel. And the jury must find from the testimony in the cause, or from the libel itself, that it has the meaning imputed to it by those inucndoes. And here, formerly, the duty of the jury stopped ; they had nothing to do with the question whether it was truly a libel or not ; that was left for the court. But it is one of the improvements of modern law on this subject, that the jury now are to judge of the whoh; matter ; they decide upon the law as well as the evidence, and determine whether the publication be a libel or not. And you have, therefore, a right to say whether, the charges published by the defendant are malicious towards the p.'jrsons against whom they are directed, and to declare your verdict ac- cordingly. Let u.s now proceed to consider the evidence. The fuet of publication by the defendant has not been proved, but ap- pears to have been conceded by his counsel. The indictment sets forth two libels, taken from two newspapers printed by the defendant ; and it is averred that the charges contained in them were made by the defendant against the managers of the Oth class of the Medical Science lottery, and the su!)-minager, Mr. Sickles, and against the boy Tenbrook ; and the inuendoes are to this effect, th;it those persons have all been guilty of fraud. I believe you have not heard these libels read. I must, therefore, direct your attention to them, and to the question whether they do contain charges of fraud against the persons I have named. (His honour here read the first libel set forth in the indictment ) I think myself this libel does not contain any charge of fraud against the man.igers, but merely that there has been fraud somewhere in the management; and if there has been fraud connected with the management of the lotterj-, it is suffi- cient to justify the publication, which is not directed against the managers personally, but applies to the management in so large a sense as to include the agency of other persons. [His honour having explained particularly to thi- jury the meaning of the special clauses, and concluded that the in- ucndoes of the indictment were not correct in connecting the charge of fraud witii t!ie managers themselves The second libel was afterwards rr*ad in the same manner Avith full explanations, and with the same general t'onclusion, that there was also nothing in this which justified the inuendoes of the indictment, in so far as the managers were directly concerned ] It is a rule of law, gentlemen, that a libel cannot be extended by inuendoes; iJs meaning cannot thereby be enlarged beyond its fair and obvious import. It is, however, for you to determine whether these libels really contain any such charge against the managers as the inuendoes of the indictment allege. The court are decidedly of opinion that they do not. In one of 119 the publications charged to be libellous, the defendant has expressly exon- eratpd the managers from all imputation of fraud- If it appear that there has brcn fraud practised in thi- manaRf-ment an^/ whtre, it is sufllcient, and the defendant substantiates every tbin^ he has said. We are then to inquire whether there is a charge of fraud made out, or whether there are circumstances to warrant the inference of fraud. For it would be in vain always to expect positive testimony. We often convict in higher cases than this, on evidence wiiich is merely presumptive, and wlii-. Burtus are mistaken. That they may have been mistaken is undoubtedly true. They do not give his lan- guage It may have conveyed a difteient mt^aning. But Mr. Sickles is a witness before yon. He admits that he e manafjers tlicmselvcs of this ? They kept them out of the wheel till tlie last days drawing. Is tiiis correct? I have no doubt of the purity of the nunagers' intention. But is this correct .' And shall you convict this man in consequence of his havin;^ expressed his suspi- cions .'' The drawing was going on. And however this circumstance might be explained, would you cull the man a libeller who should avow his dissatis- faction .•* What do they do with those tickets ? Do they take them and lock them up .' No — tliey commit them to this sub-manager. They commit- ted them to Mr. Sickles, so tliat he might, and so that he did, go and show them about the town. And now suppose the defendant was informed of cer- tain tickets being out of ihe wheel, that Mr. Sickles was actually in posses- sion of those tickets, and what is still stionger, tliat Mr. Sickles did in fact communicate with certain lottery insurers in relation to those very ticket and even revealed the numbers to them ; and suppose the defendant to have been acquainted with all this at the time he published these pretended libels— what shaJl we say .' Are you prepared to condemn him .■' I think, myself, with tlie counsel who opened the cause, that rather tlian expose such a man to censure by your verdict, you ought to give him your decided commenda- tion. 1 will mention only one more circumstance. It does appear that there were not only numbers out of the number wheel; but it seems there were tickets out of the blank and prize wheel; and remarkable as it is, there was a prize of 10,000 dollars drawn to one of these after they were put in on the last day of the drawing — and this is one of those tickets, too, that Mr. Sickles was showing about town. Was this right? I think they ought to Iiave stopped that lottery by all means. They liad done injustice to every owner of a ticket. And supposing the defendant had heard all this, no man on earth can say that he was culpable for laying facts like these before the public — much less was he punishable. Gentlemen, it is satisfactory to me to be able to present the cause in this light. Without convicting Mr. Sickles, or any body else, of fraud, it is in your power, if you think the evidence will warrant you in doing so, to acquit the defendant on tlie gi'ound that there is no reason to believe he has been guilty of any malicious intent in making these pnblications. And, gentle- men, I wish that may be the case. I do not say that it ought to be the case. You are to judge of the question of fraud. You have in behalf of Mr. Sickles, his \enerable appearance — an old man, whose head has grown grey with the lapse of many winters ; and I am sure you must have felt as the court has done, and been disposed, when you saw his eye suffused in conse- quence of the touching interest of his situation, to let fall a tear with him. You will also consider the full testimony in favour, which has been given of his former cliaracter. 1 hope the cause may be determined without con- demning any body. Whether it ought to be so is for you to judge. You have the question of fraud before you to consider. Decide according to your own opinions and your consciences, and not according to the opinions of other persons, whatever may be their stations. After three days patient nttention to this cause, the jury retired from the box, about two o'clock on the morning; of the 13th, and in a few minutes re- turned with a verdict of '• NOT GUFLTY." In their absence it was proposed that they should add to their verdict, something expressive of their favourable opinion of iMr. Baldwin. EUvtn agreed to recora- nicnd him to the consideration of the state, for the services rendered by his publications. One only, dissented — and the hour being late, it was thought best not to debate the subject. When the jury returned to the l>ox, and gave in their verdict — there was a silence — a dead alienee of about a minute, as if something more was expected.