, 1873-01-05
WAsHBURil. DEFEATED.
rta Gamblers Gain a Victory Over
Tue foice.
J. Justioo Found Who Will Stand By
.. the" "Bo77s" Boys
1o1ru,nt Rendered Against tho CITY sor
Destroyed Gambling Taels. !. -.

:
7;s''",
remarkable Decision Oy q Ae-
,o-7~o1,1e r. p. 81
=, -.
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mia ren1eyin cascs for the recovery IF the
..nh,;ur implements, seized by order Of Super
tecta,acnt Vashburn during tho raid on the 18th
- Decenber, we're called up for disposal py
Tratice Doggett yesterday morning. The CON-
,,,;n,nt in one case was Curtis Il. Gum, gam
t,or rho occupied Room 10 Exchange Building.
a,a 1,1aintir in tho other case was Mr. Graham,
,rho; cid a mortgage on the implements Of John
80 Gambler, whose rooms wero pt no, $50
Test Madison street. Tho defendants in the
s-st cesa we're Superintendent Washburn, Cap
t.;n Hickey, aud Sergeant Lull, and in the
s.,cnd. Superintendent Washburn, Captain
rranch. and Sergeant johnson. The Justices
oa,co vas full Of people, the gambling
,r,t.,nftv being represented by CurtiB
c,nn. Samuel Barker, John Ferry, and Mike
M,Donala, General Stiles, City Attorney, rep
resented the police officials, and n youthful,
tnrea1 1-eagle attorney, named Trudo, looked
.ter the interests OF Gum and Graham.
The case of the former Was taken up frat, and
Gnan w.s sworn: lie testified tha. Sergeant
Nn..a ,,o1;ran,an c,v,a ;ntn h;a rom in the
1aa on1 4-',> 49, - - ~ +ar, +,t1a
Exchange hoek anu sa1rle1 " wv -a.o 'o 49,
md Ill the implements usen N playing tnas
r.me, Ho Ind recovered them by writ OF re-
e,av;n. The officers served no process on him.
4..7o-t Ua.hh,r, tce+;aod that ha
oul,e11assaueD@ - ~ ~ ~, r..t.;n. - -,o,;,s
:. h,s,,f nm rambling and instructed them to
70 meaN ~ =. ~ - fs~o
- 49, ~ .nv otbcr cama NJ charce. The goods
pokei' - aA' o'A.. e@4.s $1,000: ~ ~ 49, t.h1o
we're mol IN ms Pohses7.on tao l,ulo
WIS at the First Precinct Station "hon
realeyined An Officer brought the
de,1.hor check-rock. and LAYOUT into his Office,
:,st ,a;a t1,o,, ~, tha dos1r vyhor con.
fna Eau )oss 4a'a '!,eAn ~ w s 80 -
stable served VIE on H1n, ano ca111eo AWAY
goods. The object OF eeizing the implements
Ens to destroy them. He hold himself rosponsi-
me loi %4.e CO. - - 49, ;sst1,.t;ons
scteo II ooeoae''co ~ n.s 'aos1 =, us''
Ola is not TACT that, though tne 1aoles
were taken for the purpose Of destroying them,
Nv ren,,;nea in tho noesession Of some one in
~ I'll ,,-.4;1 aFtar +ha ur;+a ~ ren]ax;n
~n7 o''s -A'.As >-AsN>
Eere served?
Objected to by General Stiles, and sustaln"''
This ended the testimony Tor the R!s,' dafarca
po,;.,,o.n cobh ,rae cal]a. 41o 0Aone
!, o. "A'-A-o3 ."A4"' "f0@A
Ae went 70 tne room, saw several persons
entering. Tie went away and reported to Ser
GENT I,n1l and ratnrned with him. The honse
aus n an ie,su ~ @ ae Douse w..
vas nls'o poi4eu' auu 'uo 1apieo' ea.eeAa' 91e,,
seized This occurred between and O'CLOCK
in the afternoon. He did not understand the
game going On, but eaw Gum sitting at the
f.Lles With others. He (Guun) was NOT dealing,
hat vas counting money.
o1 49, 1 O." IN S1.ao Sone W @
sons at the faro table. He took possession Of
tina tools and arrested tbe mon IA accordance
With nraers. He Ind no 1:-ocosg Of any kiud.
This closed the testimony for the defence.
Nj. Trude claimed that the Legislature Ind no
right to rass an act which allowed tho Common
Council to authorize the seizure Of priyate prop
e1ty. He referrei to numerous decisions Of
appellate courts. wherein it was held that any
seizure other than by legal proceHs was un1aw-
ful.
General Stiles said he would argue tho consti-
tutionsl question at another time. Tho articles
namcd in the writ were .gamh1lng implements
gambling was prohibited by law. and The indis-
Iensibie paraplernaIia Of a gambling house had
20 legal Salue. Il; claimed that the authorities
Quoted did not refer to gambling tools, The