Chambers

Plaintiffs brought an action in claim and delivery against the defendants, who were respectively the police judge, the city prosecutor, the clerk of the police court, the chief of police, and a patrolman, to recover from them certain so-called merchandise consisting of pamphlets paper leaflets on which it was alleged were portrayed Chinese poems and literature. The answer, besides containing a specific denial of nearly all the material allegations of the complaint, other than that the demand by plaintiffs for the merchandise and the refusal thereof by the defendants was admitted, set up the affirmative defense that the patrolman, having been informed that plaintiffs had in their possession tickets to be used in a lottery, “seized and took from said plaintiffs 29 boxes or cases containing slips of paper, on which was and is written various Chinese characters; that said tickets or slips of paper were printed and designed to be used as and in -connection with a lottery scheme and in furtherance of said lottery scheme, and were intended to be used and issued as lottery tickets in the operation of a lottery.”

The findings of the court with reference to the’ nature of the slips of…