New York Tribune/1869/A Lottery Case

A Lottery Case. John Lindauer was placed on trial in the United States Circuit Court, on Saturday before Judge Benedict, on an indictment charging him with doing business as a lottery dealer at No. 202 Chrystie street, without paying the special tax required by law. From the evidence it did not appear clear whether he was pecuniarily interested in the profits and losses of the business. Lewis Lindauer, the brother of defendant, testified that he (Lewis) paid the rent of the lottery office, and that the defendant merely received wages for his services. On the other hand it was shown that the defendant had made statements to the effect that he was interested in the business. Judge Benedict charged that if the defendant was found to be simply a clerk, he must be acquitted; and further charged that a person might sell lottery tickets on commission, if the commission was allowed as wages, and still be merely a clerk, and not be untenable in the eye of the law as being engaged or concerned in the business of lottery dealing. This construction of the law is very important in view of the great number of arrests of lottery ticket vendors that have recently taken place, nearly all of whom claim to be clerks, and it being extremely difficult, to prove who are the principals. The jury, after a brief absence, found the defendant not guilty.