Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1870-01-04
Law Suit to Recover Racing Bets.

tice and Circuit Court by Mr.. James
Jones of Fennirsore, 30 recover from
certain winnera and shareholders
the SUNS of monpy which he hazarded
on the race, ana which, according to
the terms of his bets, he lost. In the
case that has been tried, Mr.. Jones
seeks to recoveF from w. p. Dewey
the sum of fifty dollars of his own
money, deposited in Dewey's hands
as stakeholder, and paid by him to
G. ], Hyde, winner. 1t is but JUS
tice to Mr.. Dewey to premise that
this is the full extent of his connec-
ton with these disreputable practic-
es, and that in: this ease he received
the stakes reluctantly alter some
urging by the parties, who assured
him that no trouble to him would
result. In consequence Of which
friendly yielding, he became the de-
fendant in this action, though it was
well understood and admitted that
c. j. Hyde was the real defendant
and would indemnify him for any
loss thereby.
The counsel were Barber & Glenn
entson for plff and Bushnell &Clark for
defendant. A Jury Of six was sworn,
consisting of G: Schroeder, r. Brook
er, Q II. Baxter, E Avery. r Gill
and d. B Nye The evidence dc
vcleped no conflict - to the manner
and circumstances OF making he
bet. or the resalt OF the race The
~ gHments Of counsel admitted the
violation OF the statnte on gambling.
The plaintiffs conneel claim, ID that
UNDER the laws Of WISCONSIN, jam
Jones had a right TO demand back
every dollar that he bad thus illcgal-
" placed in other haDd~, il he ch &c
TO do 30 and rs h. h1d 50 drma d.
cd ii back, the Jury We're compelled
to return verdict THIS, the drfrna-
ant must repay rhe fl y dollars 80
The legal owner, Gi.rrgar'iing the
whole void and unlawful transaction
Of the bet on tho race.
The counsel for defense endeayor-
cd 20 convince the Jury that in the
Supreme Courts OF other States this
rule of the statute9 was held not
we'll settled and that there was
great and manifest injustice in thus
suing the "innocent stakeholder"
The jury was urged to take the view
that the law was wrong and oppres-
sivo and that they were not bound to
enforce it, but that their duty was
to declare that the stakeholder should
not pay James Jones this money,
which our statutes says he is entitled
to recover. Mach time was spent
upon the points that no formal de-
mand had been made by Jones that
when told by tne stakeholder that
the money was pad to Hyde, he
used the words fall right ;" and that
he had begun another suit against
Hyde for the same money. Strong
illusions were made 20 the exceed
ingly active pa%t taken by Jones to
get up the races, to make the bets
to secure the winning of them by
bribing one of the runners also to
his dishonorable conduct in fleeing
to the law for refuge when it was
clear that unless he claimed its aid
he must lose, instead OF gain, some
thousands.
The pleas of both sides, and the
strong current of prejudices against
plaintiff and fog defendant, all pre-
duced some effect; for the jury disa-
greed by an equal division.
The second trial on Dec. 30 and 30,
was in most things REPETITION Of
the first. This time the jury consist
ed of G. w. Briggs, F. YandewalI,
G. Page, w. Cr6fts, =. Bennett and
S. Johnson, who listened to about
seven hours Of argument by counsel.
One side adhered to its simple de-
mand for the enforcement of our
law, and the ether dissuadcd the
jury from it b. appealing to their
sense Of right and wrong, to their
prejudices respecting the parties. aud
TO various side issues, calculated TO
bewilder and ertanglc them il their
| legal view Of their duties The re-
suit was q speedy verdict IN favor OF
the defendant, thus THROWING al
costs upon the plaintiff Mr. jones
has appealed to the Crrcnir Court. 70
test the strength Of hi5 case still fur
Their.
1t is often said that litigation IL
species OF gambling ii il he 4. n
arding OF large sums Of money upu,
the turn Of uncertain evcnis l. ia
game to see wqlch sile sh.lI force
heavy costs upoa the eth and as
often - he ssit u repeated ia
staker are doubtrd.
Lave are bat The raIr of ia ganl
according 10 HdyIe who Is persona
fled by the judge and The same Wig
lance IL necessary on each side, that
all gamblers use at cards, to prevent
over-reaching and unfair practices.
| iIhesheS anu Jlrore are the cards
played by the contestants, and il oft
en- requires great skin TO arrange
them so as to hold "a good hand
And finally, attorneys sometimes fill
the lplace of the Unsuitable gaming
passion that whispers in the ear Of
the victim at the faro table, telling
him TO play on in spite of losses. for
luck will soon turn, bringing back
all he has lost and more too.
In this case it seemed that the
only hope Of the defense lay in Jury
trial. A justice or Judge would not
venture to nullify our laws in the
way that juries often 30. The only
two authorities in thb State that
take the responsibility TO declare en-
actments void, unjust and unconsti-