Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-11-19

n
hversd the decision Of the msjorfty OF the Court
| In the case ofwm n, Masqufse, CONVICTED at the
last term Of the Criminal Court Of keeping faro
bank, ara sentenced toa tenn of service In the
peni tufiary Appeal was ,Hken by the defend.
antscolnseI to the Circuit Court upon exceptions
TO the Indictment under which the. traverser was
tried and convicted. -tft. ia ~ r e 49,
The count in the indctne Mt excepted to charged
that the daverser, ION the 10Th day of Noven Der,
1859, and on divers other days and times between
that day and the day Of taking this inquisition
with force and arms at the county aforesaid, a
certain faro bank there situate for his lucre and
, gain unlawfully and injuriously did keep and
maintain, ETC., etc. - ID ''.7 80, sts- -.'-t :. =
Judge Merrick said this Indictment was framed
on the act Of March 2, 1881 chap 81; and that the
emitted Of nd Si.pS.s shsy found IN ali
the text books, and their reasons most succnctly
stated by the Supreme Court In 7th Peters, p 142
After quoting the Language Of the authority last
In this instance isa statutory and not common
law oense and that we must therefore resort only
TO the satute for s denition; and referred to the
cases collected In R,ngold'' case reported In 5ss
q statutory ohense. He then referred TO case
which had come up before the passage Of the act
Of March Cd, 1891, In which the traverser was
in which IT had been averred the haverser caused
and procured divers idle and evildisposed per-
sons to frequent and come to play together at q
certain unlawful game called faro. In that case,
ID.
sec 2. was the only act I'm force In this country
for restraining any kind Of games, except the by
laws Of the Corporations Of Washington and
Georg etown, and that act only prohibited the SET
tables, faro among the number, in taverns and
houses occupied by retailers OF wines, spirituous
liquors, etc ; and that the Court had long before
held Tin U s. agt. Willis, LIST Cranch, page s1l
an offsRse at common law"
After referring to the case Of Rex agt. Rozier,
ID Bowling and Ryland, page 3i6, to shew that
the common law was laid down 10 the same effect
by Bailey Justice, Judge M. went on to say that
the final blow against faro banks was struck by
the act Of Maryland 1897, chapter ITO, but that
that statute extended only to cases of faro bank
set up and kept ny tavern keeper or retailer of
wines and liquors; and that after lapse of thirty
four years the prohibition was extended by the
law OF Congress to the offenses Of keeping faro
banks or other common gaming table" irrespect-
I've Of the character Of the house or other place
where they might be kept He then went on to
consider what 10 the true Interpretation of this
statute In view Of the existing legislation and the
said the Judge, that this statute did not mean to
prohibit all faro banks from being kept, and that
the word common 10 to be supplied IN Its con-
sunetlon, but that such was not the natural i'm
port OF the words. On the contrary, the mention
Of particular followed by that Of the class to
which II belongs, In the alternative as expressed
oy the word . other, !" IL legislative declaration
that me particular has all the characteristics in
serves to illustrate and give character to the gen.
eral expressions In which the class 10 described;
that the expression so used 10 tantamount to say
Ing whoever shall be convicted Of Keeping any
common gaming table, of which common gaming
tables faro bank 10 one, shall be punished, - &c,
&c that where the term @ faro bank" 10 used In
an Indictment, particular kind Of common
gaming table Is spoken Of explicitly as IL the
further terms the same being common gaming
able" were superadded
After citing the case Of the United States agt.
chief justice maintained that the WORDS of the
statute, q faro bank or other common gaming
table," necessarily implied that faro bank Is a
common gaming table, and that the keeping Of
faro table Is per s. made an ofense, and explain
Ing the reason why the indictments In that case
We're quashed, he compared them with the one
under consideration, and showed that there was
amost i'm Porsant difference between them, abund-
anty sufficient to relieve this case from the only
objection assigned In Ringold's case, to wit that
a faro bank might be innocently kept.
The case Of 8argy, which bad been set for ar
of the absence Of Judge Morsell until another day
To-day, the Court are hearing arguments in the
case Of Ludim A. Bargy, convicted at the last
term OF the Criminal Court Of obtaining money
under false pretences from Benz Chambers, sen :,
on application to reverse the decision Of Judge
Crawford Messrs. Carlisle and Bradley sen ,
for appellant, and District Attorney Ouid, and
Paige, for the United States.
GKoRG z CHRIsTY,s MINsrRRLs.-He 10 In town
We have seen him Who! why George
Christy, the great undoubted "original Jacobs
whose unique and iniInitable PRESENTATIONS Of
neg mtnsuelsy Lave sst him head and shout
ders above all others In his profession He appears
with his company at Odd Fellowsi Hall tonight,
and as there will undoubtedly be rush, We ad-
secure their seats to-day. The programme for to-
nights performance 10 a great one indeed and
among the rich parts set down for Georges self
are " John c Heenan, U Granny Heath and her
snn hhv h. . d.,
Hair, &c. BY the way We hear that matinee
performance will be given on Wednesday by the
Cbristy troupe for the benefit Of ladies and chill
dren.
CENTRAL GUARD.HousE CAsEs-Barry Trun-
ne, stealing a coat; dismissed. VIM n Ward
aiding and abetting; do. Joseph Kleack, disor.
deriyi fine and cost 50 Is. Andrew Boteler do f;
do. % Is John It. Tenley, nttack king a mail car.
rer There being no evidence Of the fact he was
dismissed. Ellen Conner. drunk IN the street;
hne and cost 81 Is Hugh Sloan, assault and bat
tery on John w Usher; security for court. VIM.
Berry, do do. Hugh Freil, drunk, disorderly,
and drawing pistol on the officer; fine and cost
81 Is. Six dodgers were accommodated.
STEALINe.-This morning, Jno w Lee, col
Ored, was arrested a charge Of stealing hogs
from Mr.. Poletti. He was taken before Justice
Dom, who committed him to jail for court 1t
WIS suspected that Lee was the Individual who
was captured under suspicious circumstances I'm
the house OF MIR. Howard, a few nights ago, and
who managed to escape from the watchman who
had him In custody. But IL turns out that he is
CONVENTION OF THE UNION PRAYER MEETING
ASSOCIATIONS was announced from the pull
pits OF the various churches yesterday, that con-
vention Of delegates from various sections Of the
country, for the purpose Of consulting upon the
objects OF the Association, will assemble in this
city during the second week In December Tits
expected that there will be large number Of del
egates In attendance, and arrangements are max
Ing for their accommodation. -
( The THEATER.-To-night, II will be remem-
bered, Mr.. and Mrs. 6. g. Howard, and the tai.
ented little COrdelia Howard make their appear
ance at the Theater In the great moral drama of
Ten Nights In Bar-room," the performance 10
conclude with the farce Of "a Loan of a Lover ,,
The bill and cast 10 good one, and will, no
doubt, draw large house.
IMPUDEST DEPREpAroR. - On Friday some
rogue entered the basement Of the residence of
Mr.. Joseph G. 6 Kennedy, on n street, between
Thirteen and Fourteenth, and stole about eighty
pounds Of butter Butter dealers and the police
should note any suspicious person who may be
seen o1ering lot Of drstrate butter.
CHKsAREAKE ANc ONO CANAL-t n stated
In the Williamsport edger that the canal win
be fully repaired to receive water by "Wednesday