National Republican., 1877-07-11
fCbntlnued from FlrS Paoe.


swcr."
The court, being appealed to, ruled that
Mr.. Tally would either have to answer or de-
cline to answer.
Are you a gamblcrPn asked tho District At
torney again.
II decline to answer" replied Mr.. Tally.
The counsel for the deiense asked, Are you
engaged In any other business than that Of
keeping a rcstaurantr'
"No, sir; am not" replied the witness.
Are you engaged in gambling"
NO sir; am not"
A. b. Williams was the last witness, and tes-
titled that he drew up the bill of sale of the
fixtures of "The Club" from Isaac b. Jones
and Edward T. Jones to George A. William
son. He sent II TO the Police Board with the
application for liquor license, and had since
been unable to get 1t back. Tho paper was
shown to the witness, and he identified it.
THE ARGUMENT.
Mr.. Wells made brief opening argument,
claiming that the testimony plainly estab-
lished the facts that the houses II and Az were
used in common; that the two Jones' and
| Williamson were engaged in business there,
and that the lower part Of AS was used as a
gaming room. He laughed at the idea that
Loomis was proprietor. when the police Off
GERS, whose memories are so defective here to-
day" he said, when they were sent to get
money back for the wives of men who lost
there, they went never to Loomis" He spoke
Of the difficulty of proving the proprietorship.
II they were engaged in a legitimate business
II would not be so difficult. He said that they
went through the sham of putting up one Of
their jackals, Loonis, and calling him the pro-
priotor.
Both the counsel for the defense spoke.
| Mr.. Cook submitted that the Government
must show that defendants are owncrs and
lcssces of the building, or that they controlled,
superintended or managed the house. lie
spoke of the police in q very sarcastic way.
"Fint there Is Gstchcl," he said, THE great,
kind hearted, huge, e,gigantic chief of the police
department-tbe exalted president of the
Police Board" He ridiculed the raid OH
THE Club" and the arrest of Isaac Jones' and
wanted to know why the Government had
not arrested Loomis, the proprietor of the
justified in convicting the innocent or sup
posed guilty in order to suppress the vice of
gambling
SUMMING UP.
District Attorney Wells began summing up
the case at 3:55 o'clock. He said that IL was
well for the defense to brush away with a
move of the hand indisputable facts on which
the foundation Of the case rested. What was
meant by the counsel for the defense when he
spoke Of the press and pulpit clamoring against
the evils Of gamblingp What was meant by
speaking of the Chief of Police and his officers
| in their efforts to put down this evil? He
hoped the day would never come when the
public should say that the police shielded the
guilty, and did not strive to check crime.
The reason why Mr.. LOomis was not arrested
and indicted was because he was not guilty.
lie was not proprietor, only dealer. Such
a business as gambling ought to he denounced,
and the man bold enough to do II deserved the
respect Of the community. 1t was useless to 20
after the dealers, for the statute was directed
against the proprietors. He wis not disposed
to let Jones off by indicting Loomis and per-
mitting Jones then to come on the stand and
swear him clear, on the ground that he was
only dealer. He would ask any respectable
man in the community If II was not fact that
the Jones brothers kept "The Club" and that
it was run in connection with No. 4l5. When
policemen did their duty gamblers were com
PEELED to hide their heads and provide secret
entrances to their games, and it was therefore
easy to perceive why this entrance was made
through The Club"
Ii was not reasonable to suppose that these
private passages, leading into the gambling
room, would have been permitted and players
allowed to pass through Tho Club" II the
proprietors Of that house were not interested
in the gaming rooms.
He spoke of the witnesses that had been
placed on the stand. If the defense supplied
false testimony they must carry the load, and
men guilty of perjury should sink to that in
iquity to which they belonged. He addressed
himself to the testimony given by Lakeman
| and Lindsey, and characterized 1t as false and
unworthy of belief.
He then proceeded to review the testimony,
and in doing 50 paid his respects to Detective
Miller, and thought that he was troubled with
occasional soiteniug of the brain, as he so con-
venicntly forgot his transactions with the
Jones Brothers in which the recovery of money
lost at gaming was involved. Miller did not
see Jones pay young Smith back the money
that he had lost, and 1t was evident that he
did not wish to. McDevitt had defective
memory also. He got money back for Maupin
that had been lost at play, and could not tell
from whom he obtained it. 1t was evidently
an iufirmity of the mind, but If he had been
paid so for some act that he performed, doubt
less he might be able to tell where 1t came from.
He closed by urging them to weigh the
evidence, and return a verdict in accordance
Herewith. He did not believe If hundred
cases were presented a clearer one than this
could be found Public justice and humanity
demanded that the law should be vindcated,
and there was no doubt that both of the de.
PENDANTS should be convicted.
His Honor charged the jury, occupying
about twenty minutes in so doing, and at $50
o'clock they retired to make up verdict.
The jury had been out but few minutes
when they sent word to the judge requesting
that he would allow them thirty minutes to
tnt csist DtlOTt ne ltlt Int lily HAL,
50 that IL they came to any understanding they
could instantly be released. The time asked
was accorded them.
THE VERDICT.
Soon after 8 o'clock they filed into the cham
Der, 1t having been previously announced that
they had reached an agreement.
The District Attorney, counsel for the de-
PENDANTS and their two clients were all pres
ent. There was also in attendance quite a
gathering Of the friends of the accused, ma
jority of whom presented smiling faces, evil
IDENTIFY believing that the verdict was on the
right side for them. What reason they had to
believe this is unknown, unless weight was
given to the brief time that the jury had the
case under consideration before making a de-
cision. The clerk went through the form of
polling the journal, and at the close put the
stereOtyped questions:
Gentlemen of the jury, have you agreed
upon verdictT
Foreman Zimmerman. "We have"
What say you, are the defendants guilty or
not guilty"
Not guilty"
As these two last words were spoken the
silence was broken by talkative huZZa, in
the midst of which tha nrisnnera uara dis