File:John Jacob Lindauer (1840-1888) in U.S. v. John Lindauer in 1869.png

Summary[edit]

Camera location	40° 43′ 18.51″ N, 73° 59′ 31.21″ W	View this and other nearby images on: OpenStreetMap	40.721808; -73.992003

Notes[edit]

John Jacob Lindauer (1840-1888) in U.S. v. John Lindauer in 1869 where he was arrested for selling tickets to an illegal lottery without being registered as an agent. He claimed he was only working there as a paid employee and that the owner was liable.

Text[edit]

Lottery Ticket Dealers. United States Circuit Court, Southern District of New York, Before Judge Benedict and jury. U.S. v. John Lindauer. This was an indictment charging the defendant 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 pecuniary interest in the profits and losses of the business. Lewis Lindauer, the brother of the 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 had interests 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 amenable 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.

People[edit]

• John Jacob Lindauer (1840-1888), defendant
• Louis Julius Lindauer (1838-1915), brother of the defendant
• Charles Linnaeus Benedict (1824-1901), presiding judge

Licensing[edit]

This work is in the public domain in the United States because it was published (or registered with the U.S. Copyright Office) before January 1, 1929. Public domain works must be out of copyright in both the United States and in the source country of the work in order to be hosted on the Commons. If the work is not a U.S. work, the file must have an additional copyright tag indicating the copyright status in the source country. Note: This tag should not be used for sound recordings.PD-1923Public domain in the United States//commons.wikimedia.org/wiki/File:John_Jacob_Lindauer_(1840-1888)_in_U.S._v._John_Lindauer_in_1869.png