428 FSDEBAL BEPOBTEB. �leotion, shall be punishable by a ane of not more tban $500 nor less than $100, with oosts of proseoution." �The indictment contained two counts. The first count chargea that the defendant "did unlawfuUy and knowingly deposit in the mail of the United States, and send to be con- yeyed by the said mail, a certain letter and circular coneerning a lottery, which said letter and circular was then and there of the tenor and in the words and figures following, that is to say: �" » New Yobk, November 7, 1879. "'Chas. D. J. Noelke, Banker and Broker, 238 Grand atreet, between Christie and Bowery : "•Deae Sib — ^Yours of the 5th inst., enclosing $2, reoeived. Enclosed please find 2 ^ La. tickets, as per your order. " « Very respectfully, �"'Chas. D. J. Noelke. �" *A11 prizes payable in full on presentation of ticket. " 'Officiai copy of drawings mailed as soon as received.' " �— Which said letter and circular was then and there enclosed in au envelope and addressed as foUows, that is to say : �"M. Mant,
- Caro of P. HowELii, Esq.,
�"Trenton, New Jersey, �"Mercer Co." �The second oonnt oharged that the defendant "did nnlaw- fully and knowingly deposit in the mail of the United States, and send, to be conveyed by said mail, a certain circular coneerning a'iottery, which said circular was then and there enclosed in an envelope, which said envelope was addressed aa follows; �"••M. Many, �" 'Care of P. Howell, Esq., �" «Trenton, New Jersey, �"♦Mercer Co.* �— And which said circular purported to be an annooncemeni of the one hundred and fourteenth grand monthly distribu- ��� �
