The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-10-22

Progress OF the Examination Before Justice
Connolly-Testimony OF two OF the Pri-


The examination in the case of Robert l.. Willis and
others on charge Of keeping gambling house a, No 5S
Broadway resumed yesterday morning before Justice
Connolly at the Lower Police The was
crowded TO excess with members Of the fancy, who took
deep interest in the progress of the proceedings With
the examination Of Messrs Jennings and Schoolcra two
OF the defendants the for the prosecution closed
Previous the examination of the witnesses, Justice
Connolly stated that the witnesses he about to
put upon the stand would say that they would be
by law from saying anything that might crimnate
themselves, but at the same time they compelled to
all legal questions put to them by the Court.
Counsel for the Prisone-I to know whether your
Honor the District Attorney the power of making
such bargainS What law gives the Court that power
do not find anything the laws Of 1851 which gives you
that authority Neither do ind that under the Metropo-
an Police act the Court has the power That part OF the
which refers to gambling docs not give the Court that
power will read what the Metropolitan Police act says
in relation gambling The counso then read the ninth
section Of the act in question, as follows
General Superintendent Of Police shall report in writ
Ing 70 he Board Of Police h st are ssea b r s
pss asy sSs % S Se k sS as Saae
COCKPIT and Two or more hoseh9 s a%eng within
aforesaid shall oath writing before any the
SeR osh every Of Police hereby
eompnea of BY the General Of Police are
commonly and are believed BY the Opponents be kept as
Of Police by order in writing to authorize the
incndent Police enter upon such premises together
directed su' ~ s s Of ne sS name sa ace &c
company hun or them and 4 necessary 70 use force for
doors OF otherwise and take into custody persons who
found erem and oh@h 3 convey the said persons before
any magistrate q the district who shall forthwith proceed to
premises for the e gaing and II there shall be
such premises for he purpose gamns then the @ ag
wi
pohan Police district his surees CONDITIONED for his ap
pearanee the criminal q the county wherein
hs sa premises Ss ats situated having to dT try mis- h
term thereof to answer any Indictment which may be found
terea charging him with being Ia tae sand premises as
commit 70 the common Jail or city prison Of ne county Tor such
proof Writing he District Attorney Of The county whose
duty shall be- n 70 any Other case d IN s once Of
Jury Of the county and indictment being thereupon
other case subject the discretion the Court shall be
Gnsmine him. upon doy hour certain,
arrested within common gaming house and i common n
he arrested kept for the purpose Of gaming then the
convicted as such common gsmber then the Court
S S @ s hm ten % in b jail Of he on
tertiary exceeding yea; and at hard asS Dor
The phrase purposes Of gaming in this section shall be taken
chance b name the same shall Known
II The sad pemen,s Of gaming seea shall ha have ave. an
such implements the said thing Of value so annexed to the
owner thereof
The examination of the witnesses was then proceeded
James Jennings residing in Spring street, deposed
follows IL know the premises No 5S1 Broadway;
there on the evening of the 18th inst in the second
story front parlor
O. What brought you theres A. went there on bu-
siness
q What on the table? A. Cards boxes and ivory
checks.
cep what the magistrate took Of the table drawers
@ Did you observe any drawers in the tablet A.
O. What was in the drawers A. could not say
O. Did you any money in the drawers! A. did not
STATE who was around the taoleY A. saw MI Gale
there, also Mr.. Stevens and Mr.. lngersol.
q State what they doingS A. Theys were ma
nouvrng around the table with checks
Q Was there any one dealing cardss A. Yes
u Who9 A, Mr.. lngerson
@ Were they playing for any considerations
Counsel for the prisoners objected to the question: on
the ground that might tend crmnae the witnesses.
The Court decided that the question proper the
witness, according to his statement, did not 90 there
Counsel for the prisoners the witness
PEELED TO answer any question might him.
Justice Connolly said the witness was defendant
he discharged and was on the stand AS witness
for the people
O. From what you saw there what your impression
10 what they were dongs
Counsel for the prisoners objected to the question and
asked that his exception might be noted. Question
withdrawn)
O what we're they doing with those checkss A. They
O What was the dealer DONG A. He pulling the
cards out Of box.
"
A. saw the dealer remove the checks.
Were there any checks lost or won around the able
A. I could not tell
q 10 you know whether there any money pad for
these checkSS A. do not.
q DO you know who the proprietor Of tina, house,
o whos A. Mr. Willis, the deiendan, here present
O Were you there before' A. was.
q Ind you any games played previous to that
night Question objected 10 aud withdrawn
q Have you played there beforct A. decline an.
swcring that question.
CrossexamIned-o 10 YOU no, know that the checks
did not represent anything u value that evening aud
tina, they were merely playing Tor amusement A DO;
Charles schoolcraf residing in Twenty fourth street,
deposed follows know the premises No 5si Broad.
way: there the evening u the 10th INST. went
there about O'Clock and had not been than five
minutes there when the police arrived; was N the
What they were dong; was reading newspaper, and
did TOT Roy any attention 10 what was gong on: saw
some chcegs and cards when tue police entered saw
gentleman fhuflug some cards.
you Know what the game ~ faro W
Counsel iUr the prisoners Objected TO the question as
irrelevant, aud wanted bis objection noted,
Justice Connolly sad that objections were not noted in
hs Court.
o ~ you know what the game q faro isS a. have
had u shown % me.
q pid YOU SEE ina, erno played there tia, night A /
O Might have been play "a witbou, your knowing 10
% Pror 10 the entrance q the poe did you hear those
around the table say anythug-and II so what A. / have
distinct recollection q what va sad; saw no money
Counsel ior tho prisoners asked ,hc witness was de.
charged
Mag straie-Certa.ny.
Counsel for the prisoners asked there were anv 9th Y
witnesses for the prosecution
Justice CONNOLLY stated that there were
Counsel for tn prsauers wanted g. Know
gong 20 discharge the defendants
ausicc Conuov-Na think there o. xsl. Ga fle
case % send ID before the Grand Jury,
Counsel cor hc prisoners here proceeded 70 sum up the
for the defence arguing that there no evidence
whatever Ia show that there any gambling going On
the house 81 the defendant the uf thu 18th
one 81 the witnesses Tor the prosecution deposed
that the game innocent aud that The checks
used that occasion did mt represent any value what
ever.
Justice Connolly remarked that he would give a decision
in the four Oc0Ck that afternoon. aid reference
~ some aiuson made by the counsel for the defence
the summing up said h. would render decision fearless
y aud honestly according % thp best II h Judgment and