, 1873-11-01
A Dividend Of Twelve Per Cent Nearly
Ready for Them.
for To-day and
Next Week.

from tia evidence, beyond reasonable doubt, that
tho room ~ qMeatlon was . common gaming g-honso,
wAa present and in any way or manner aadcd, or
aosted assisted In looping operating and rsnntnR
then tie jury should ind tho dofonnnt guilty, a.
though he wns not tho actual oWner or proprietor
md REFUSED s heso ust {ehs a. ask
donce. the dcfcnuant not m owner, proprieor
In tho profits Of tho business or house, but
engaged for the occasion 1t sratuitousy with
the pro1ts Il any, proceeds OF the game belonging
to othor nart'cs Or owner, tae defendant sa not
ought to DO acquitted"
Tho keeper az ganing-houss, Within the meaning
directly interested in the business and It's profits
from servants or omployea and aa con-
control or voice IN tho management Of the bsincss-
Aa grounds for tho reversal Of the Judgment, II In
urged that tho evidence Insufficient to show that
aud thRt It wero such defendant below not the
Keeper Of It. and that thore was csror in giving and
The evidence alows that, on tho night Of Fcb 1878,
s ~ as a5stsa IN 4
Tho wltneases appear to have been acqnainted With
tho tN ueaa! furnishing of hoases e fhis doseriP-
question were furnished common gaming-houze,
describing in detail tho particulars In such respect
aoven or eight porsons, and tho playing Of gans Of
faro.
There WAS sui1lcient testimony to warrant the md
Arrest s,te nm. f,,r1tshed' and then bena saed and
Fent IA a ror,1nnn oa1n;n 1thnmea o ~
Was tho paintin in eTror tIo Keeper Of IT. he ap-
pcared from tho evidence to be tho one in charge Of
the room, and in our Judgment, the evidence fully
tendanee and s charge of tho sae 10 O' ''
stipulation in writing by tho sate'a Attorney was
introduced evidence In behalf OF tho defendant,
o se .sa L. nas a
ia not ownor or proprietor or tho house in question:
s I hs WIS only IN aesn
the cards:n
aion Of mls1e.neanor arc guilty M principals.
purpose u prostitution, and whieh arc kept with Tia
that mode of using tho property, may well 10 called
the keeper OF common bawdyhouae, and may be in
sd 9aa M Is a1a tS my Pson %
v. Erwin, poiis, 129.
So where tho defendant As head clerk or ngeut for
ocs A"s s era ~ Hhs .nsna
are sold by subordinate ciork whom
tne o. qe1ehaaat a'a t'a nad a. r1ght TO sonsrol:
sprituous liquors. m although ho did not carry % on the
business on big own account but for an absent prnci
One Of tho definitions which Webster gives Of "keep-
or" ia one who laa tho care, custody or superueud-
Tlo instructions refused declare tho doctrine that
to warrant the conviction Of the defendant - tho
keepes Of common gaming-ho ho must have
eatod ia he proa of tbs business or house. ana thst
II wnuld nnt ha sufcion thnt hn WA Yoarr,v m e
nloye' ''' N~ ">' 'N@0'~'' "A >"'
Va connot admit "a commanded tv co,,nae, for no,n.
,a e. - ] tht ~ 40 , I ~ suutaei ~ It
attar III ~ r,a~s 1 Nv ~ n .at h
ener @a ~. ~ " .no rgnt 10 potne'pate III lno
In consonanco viii the principle Of tho authorities
sitoa, and agreeaey to tbs definition Of the torn
tat X s sonan had ts
and charge though but % an employo of 1e eaIuu-
house r Question, aad Il to samns thess carried oa,
atloass that ha 80 ecienty aidad md abested ID tho
commission Of th2 ononso OF keeping tho house, TINT
he mgat ~ ssay g ot xS offence o. Such
Under tho opposite construction commended for, tho
propriGtors Of gaming houses might live in another
Bate or be unknown, and thcso placcs OF resort for
gaming purposes be naintaned and kept up IN our
mdst, through the agency Of others, with IMMUNITY.
As applicable to The faca Of the case, we regard tho
instruction given as substantially correct, and hoae
refused as properly lancd. Tie Judgment must bc
affirmed.
THE rArp ,nnor ponrpn
1n1 hAtE .ooas FoNtEN'
r. MnnYn3