Page:Federal Reporter, 1st Series, Volume 2.djvu/671

 664 FEDERAL REPORTER. �The United States v. Patty and others. {District Court, E. D.Wisconsin. , 1880.) �INDTCTMENT — DUPLICITY — ClIlCULAES CONCElîNlNQ LOTÏERIES — RET. �St. } 3894. — An indictment is not bad for duplicity ■which charges that on a certain day a certain number of circulars concerning a certain lot- tery were deposited at the post-offlce to be sent by mail. �Bamb — Samb— Same— Samb. — An indictment is bad for duplicity which charges that on a certain day, and on each secular day between that day and another day named^ and on each secular day between that tinie and another subsequent time mentioned there were deposited in the post- offlce a certain number of circulars concerning a certain lottery for the purpose of being sent by mail. �BAifE — Same — SUEPLUSAGB — Where two distinct offences are each set out in adequate terms, an indictment is bad for duplicity, and neither alle- gation can be rejected as surplusage. �G. W. Hazelton, for United States. �L. S. Dixon, for defendants. �Dyee, D. J., (orally.) This is an indictment under section S894, Eevised Statutes, which provides that "no letter or cir- cular concerning illegal lotteries, so-called gift concerts, oi other similar enterprises offenng prizes, or concerning schemes devised and intended to deceive and defraud the public, for the purpose of obtaining money under false pretences, shall be carried in the mail. Any person who shall knowingly deposit or send anything to be conveyed by mail, in violation of this section, shall be punishable" as the statute pre- Bcribes. �The indictment contains three counts. The first count sets out at length the organization of a lottery scheme, by which the defendants undertook to dispose of a hôtel at Fond du Lac, known as the Patty House, and charges that on the first day of November, 1879, and on each and every secular day in eaid month of November, and on each and every secular day between the thirtieth day of said month of November and the tenth day of February, in the year 1880, the defendants did knowingly, wrongfuUy and unlawf uUy' deposit in the post- office of the United States, at the city of Fond du Lac, and did send to the said post-office, to be conveyed by mail, ����