The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-08-29
Tho Conant.OxtObY Islander Suit al
the Municipal Court of wheeling

80 g, SECOND DAY. rs -. =
Mr.. Russell, one Of the counsel for de-
lendaht, commenced the argument on inc
motion made The day before to exclnae
the testimony OF Michael Edwards. Mr.
Edwards said they wished to enlarge the
motion as to take 10 the testimony OF D..
G. FORBES, Capt Curtis, ]. W. Sweeney,
and Donald Forbes. It was argued by
the defendants counsel that the testimo-
nv Of all the above witnesses was irreVa'
lent, as they did not prove that the words
werc used by Oxtoby as stated in the
declaration. Mr.. Russell cited numer'
GUS authorities 10 show that the words
must DO proven, as set forth in the decIar'
alton, or at least substantially.
Mr.. Good, for the plaintiff, replied in a
short argument, contending that the
words as alleged in the declaration had
been substantially proved. So.
After taking the case under considera-
ton for a few minutes the Judge rendered
his decision. BE held that while 1t was
true that the words alleged in the declara'
tion must be substantially proven, yet it
was not necessary to provo GRthe words
as set forth. The testimony was there.
fore allowed 10 60 before the jury, md
they to be left to judge as to It's bearing.
George W. Robinson called as the first
witness for defendent: / have known
Henry Conant all my life. / know his
character Tor gambling. He is as much
OF u gambler as any man, or as l ever
was. Conant and 1 have played cards
together Tor money. We have played IN
the Sprigg House..When ConRnt and Ed
wards kept it; since then VIC have played
In the Mcclure House and many other
places. Conant never got any money
from The profits Of my gaming. He never
asked it himself. / was threatened with
exposure and with having my house
closed by an agent Of Conant's II l did
not share the profits with them. l had o
conversation with Consnt personally
about 1t, and he notified me to keep my
place, quiet, as some Of the merchants on
Main street were complaining. told him
to let the merchants make q complaint
and have me arrested. was then keep
ing q faro bank over Luke's livery stable
and Conant knew it. He told me not to
allow his deputy sergeants 10 my place.
When l first started 10 open my plAcs
Conant advised me not 10, l told him 9th.
erS were running places and would open.
I opened the house and run It. COnant
some time in July Il opened In April
notified me to make less noise and not to
let his deputies in. The deputies had been
in and had eat and drank in my place
Soon after Mrs. Dunlap, whose husband
was running a house, told me Conant was
going TO close me up that day. Her hus'
band also told me- l sent my things away
the day Conant was going to close me up.
A few days LsfUre that Lee Harris came
to me and said i'll would not give him
half of the profits Conant would close
me up. soon brought my things back
and opened again and asked them il |
had not as good a right to run as any
Jacob HOrnbrook had CompiuIn1u IN
me, and wentto Conant and asked him
II Il was true, and he said yes. went TO
Mr.. HornbrOok, and he said he had not
made compliant. l told OXtoby in the
penitentiary that had no doubt but what
Harris and Conant were In partnership. ]
never divided my profits with any one.
kept all made and always ran square
game. A man who put money on my ia
Bile had as good a chance TO win as to lose.
[ have PLAYED cards for money with Co.
uant in q good many games with many
persons. We commenced at 10 o'clock in
the morning, and quit ct 10 o'clock al
night, every day, and Sunday too.
Gross e.rdmInEd.--1. don't know that
Harris and Conant were in partnership,
I,oftcn saw them together. 1don't know
whether Harris told the truth, but I
believed him. Harris opened house
and ran it. I ran my house
from April until the following Febru-
sry or March. COnant was never in my
house. IneVer told Oxtoby that he was.
told him he was not. never told OK
toby in the PcnitCntisry that had won
81 800 and had divided it with Conant, or
that Conant was in my games. The last
time played with Conant for money was
lust before he was elected Sergeant, when
he kept the Sprigg house. We played at
Bakers at the Sprigg house, and other
places. We usually divided around as
The house usually got all the money. Co.
nant had knowledge Of gambling in my
house. / talked to him about 1t when
opened and alter, and about other houses.
l didn't ask his leave, but told him l was
going to open. He ordered me to close
In July. ! asked him who complained,
and he said Main street merchants, but
would give no names. told him ran
square game. After Dunlap told me It
was Hornbrook went to Conant, and he
said Hornbrook was the man.
Re dirtct-I told Oxtoby in the pcnlten.
tiary that I had no doubt but what Har-
ris was In with Conant. told him that
Harris had bank. told him it was
usual In other cities for the Chief Of Pc.
lice to get half Of the profits; for instance,
if man would win $1,000, tho Chief
would get $3.50. Such was usual In other
cities, and where thieVing game was
dealt, like Harris. 1t was ten or fifteen
days alter Harris came to me and wanted
halt that Conant ordered me 10 close up.
Conant did not close others, but knew
they were running. The house gets all
the money. l had q room TO play poker
with tables with holes in, and every time
player got two pair they put q portion
Of the money down the hole.
AT the conclusion Of Mr.. Robinson's
testimony the court took a recess until
two o'clock.
AFTERNOON SESSION.
Charles Wheeler called-I don't know
the character Of Oonant rs q gambler
l never made gambling vest for him. !
know he bets on elections.
Cross Rrdmined-Are you acquainted
with tho character Of OxtOby as a deiam'
err (Rnlpd Ouk\