, 1876-12-22
MORRIS MARTIN,

HELD TO THE CRIMINAL COURT.
Yesterday afternoon at o'clock, before Justice
Footc, the last OF the gambling cages, that of
Antoine Fort,n against Morris Martin, was heard.
The defendant was to produce certain witnesses to
prove an alb to show that he was not present in
McDonald's gaming house the night sworn to by
the prosecutor in his information aud testimony.
Col. Roberts and Caleb King represented the pso
pie, and Trudc the defense. Martin presented q
certificate from DR.. J. Adams Allen. which went to
show that during the entire month Of February Of
this year and long time before and after, Martin
was confined TO his home with rheumatism, and
much Of the time was in bed. This was during tho
time when it was alleged by Fortin that Martin
engaged in gambling with him.
The defense claimed that the prosecution had
closed its case.
Justice Foutc thought that the sides were about
equal in swearing, and that he considered neither
side Of tho casc closed.
The prosecution claimed to have witnesses that
had not been .worn, whom they desired to be
heard.
DR., 4. ], Baxter testified that he attended Mar
tin during the months Of June and July last, he at
that time suffering from compound fracture OF
the re, which, in his opinion, confined him to the
house for couple Of months after. He could
hardly have been able to 60 mp and down stairs
Antoine Fartin was recalled, but Mr Trude OBJ
jccttd TO going oscr the States evidence again,
law.
Thc prosecution only asked restatcment OF the
for the information OF the attorneys, who were
new To the clsc. which was granted by the Court
The wituess then detailed his testimony somewhat
previously reported, though there were some
peculiar breaks in it:
viduat under the 'nllucncc OF too many buckets Of
rum disturbed the eqnanimity Of the court, nnd
created some fun b. claiming TO be descendant Of
Alr. Sanley. liz Waa elected. and peace rcigned
rhc witness, Fortin, in nis cross examination,
became angry. at Mr.. Trude because he asked him
ri
edged that he WIS Of French descent, and born in
Montreal. There wac u long discussion, the de-
fense trying to show that Fortiu WAS black
mailer, and presenting for the purpose Of obtain
ing money, The witness agun acknowledged to
having gan,h1ed for niue years past, and having
always lost his money; had never won in any
MRS. D. roRrlH,
the prosecutors wife, was called, She testified to
having received from Martin between the 10th and
?. Fortin, her brother in-law. She met Martin
down stairs. and he SAID he Ead nothing to do with
the gambling house. liz told her to come back
owner, The gentleman asked her il she was u
5o-ceut bcggaE, which she INDIGNANTLY dcn ed.
Martin invited her into the back office, when
she demanded re1urn Of her husbands
money which lie had lost the prey,ous
night She said she nlust have money, and lie
gays her - which i sue s;,to toos the M womans re-
ination. It was given to j Mr. Wcathershy Ut Mike
McDonald's
MISS HATTIE D.GlSESS,
who lives at l424 Shurtleu avenue, was next call
ed. and testified tn about the fucts US the
other witness. and taid that she was with Mrs.
Fortn when she was paid the SO Mnrtin said he
could not give back all the money because hc had
lust Sc, Oo5 the night before. Mrs Forth threat
encd to make trouble, when Martin said that they
yere gambied and he t,1artin)had plenty Of money.
and wasn't afraid
harry Lawrence WAS then recalled, and testified
that he had the conversation with the ladies which
they referred to. Martin was sick in bed at that
time with . broken leg. lie referred them to
Weathersby, the proprietor Of the housc up-stairs
with which witness had no connection.
Norris Mustin WIS also recalled, and testified to
the accident which occurred to him last June, and