The New York herald., 1879-08-06
THE GAMBLING RAIDS.
AN ALLEGED KEEPER DIscHARGED-rwo OTHER
CASES UNDER CoNsIDERATIoN-MR WHITNEY

AN ALLEGED KEEPER DIscHARGED-rwo OTHER
CASES UNDER coNsIDERATIoN-MR. WHITNEY
AS WITNESS FOR THE DEYENcE-pooL
! ROOMS EAIDED.
The cases Of "Alike' Murray. John Daily and
benjamin Daniels, three alleged gambling house
keepers came up yesterday afternoon at three
O'Clock. before Justice Duffy. in the Fiftyseventh
Street Police Court. Mr.. D. J. Whitney, of the So
cicty for the Prevention of Crime. present and
filed the anomalous positions of counsel, witness
and assistant to the Justice DAILY was dismissed for
want Of sufficient evidence against him. and the
other two declared closed. subject to
Justice Duffy's opinion to whether they could be
reopened. The papers will be taken by the Justice
and decision rendered at future date.
Mr.. Whitney. at the opening of the cases, was
asked to state his position and he replied that he was
witness for the Society for the Prevention OF
Crime. Mr.. Mitchell counsel for the defendants.
objected to his putting any questions at ALL and the
Court decided the point well taken. The subp@nas
of Captain Williams and John b. Folsom were handed
to the asistrate. Tho latter absent, but the
former sworn. Mr.. Mitchell moved that the
Captain be asked only as to his own personal know-
edge regarding the alleged gambling houses. JUS
tice Duffy ruled that only such questions COM
petent and the examination began. the magistrate
conducting the inquiry, beginning with the
against Murray.
Captain Williams testified that he knew the loca-
ton of the house No. 13 West Twenty street;
had never been in the place did not know what
business done there; did not know whether it
was a private public house; did not know
whether gambling was carried there not; did
not know who the proprietor was; had never had
any complaints made to him about the house, all he
had heard against it was through rumor. MIR. Whit
ney suggested to the Justice to ask Captain Williams
il nc had not made report by order OF the Police
Board in which the promises No. Is West Twenty
eighth street described a gambling house
kept by mike" Murray. Mr.. Mitchell objected that
no such document had been proven. and even if 1t
existed it would prove nothing. the Captain had
declared that all he knew against the place was
through mere runor.
Mr.. stephen Carmick roundsman of the Twen-
tieth precinct. formerly attached to the Central
named Dckey Moore. whom he frequently en-
tering and coming out OF the place in question with
Mike Murray.
BADGERING MIR. WHITNEY.
This closed the case for the prosecution, and Mr..
Mitchell said he had only one witness to produce for
the defence, and that Mr.. David j. Whitney. II
will acquit my client by his lips" said Mr. Mitchell;
II will show that Mr.. Whitney furnished man with
money to go into the place and play; that Michael
Murray was not dealing. was not acting lookout,
not there at all and had nothing whatever to do
with the place" Mr.. Whitney refused to 60 on tho
stand until Justice Duffy told him that the
counsel had right to call him. He was sworn very
reluctantly. Mr.. Mitchell kept asking tho par
any more, saying. "It's all nonsense" To further
inquiries he said he not agent of the Society
He declined to answer whether he had furnished
any one with money to go into gambling houses;
he had not done 80 in regard to the place ut No 13
West Twenty-eghth street. He admitted that all he
know about the place was from hearsay. Mr..
Whitney then dismissed. He demanded his fee
a Witness 1--WE don't pay fees in criminal cases."
replied Mr.. MITCHELL smiling. aud the disconnected
agent left the stand.
Mr. John Days next called. Mr.. Whit
Mr
Mitchell explained that in tho original warrant Mr..
Daly's name had been erased and the name John Doe
placed there instead. Justice Duffy hOnorably dis
charged the man.
QUESTION OF IDENTITY
Mr. Benjamin j. Daniels case then came up He
was charged with being keeper OF gambling house
house at No. 522 Sixth avenue. Mr.. Samuel +.
Daniels dealing the game of faro at the above
toned place. Witness had gone in there with Q
friend. had bought IS worth OF chips and lost them
He went home and the next day made COM plant
| against the house. On cross-examnation MIR.
Mitchell found that witness had formerly lived ut
Huntington, L. l.; had nothing to do with the Kel-
sey murder; had been arrested once. but honorably
| discharged; was doing business as broker at No
81 broadway; did not 60 into the place at Mr.. Whit
ney's request or expect any reward for his testi-
m0ny.
point touching credibilty influence. Mr.. Mitchell
suddenly stepped in front OF his client to hide
him and then asked Mr.. Noyes to describe the man.
| ing man with sandy hair. gray eyes, large mus
tache. and no whiskers or other hair on his face.
|
rather tall man with black hair. brown eyes and
short side whiskers. Every one laughed at the dis
crepancy. 'rhe line OF the defence is that tho wit
is mistaken in the identity Of the man." said
| Mr.. Mitchell. triumphantly.
well" said Justice Duffy. che stated that your
| client was fine-looking man." (Laughter)
II don't think he is. replied counsel. land offer
him in evidence as exhibit A. claiming that he has
| not been identified
Mr.. Daniels admitted living with his family in the
house referred to and said that this the
| cnSan Is M n a inc
both defendants.
| A DESCENT uroN BARCLAY STREET.
| raid was made yesterday upon number Of pool
rooms in Barclay street. by the police OF the Twenty
seventh precinct, to the great astonshment and dis
srset 0i is sroo scnS Aacis. De acy
propretors. Detective Mulvey entered 1t John
Hackett was busy in taking bets on the races in Eng
4 land. large crowd was present. and Hackett. ad-
dressing them. announced that he would bet two TO
one that Isonomy would beat Parole for the Brighton
was on the counter marked Parole Club.
A black board had ON it the names
OF Bramble. Zoo Zoo others in largo letters with
| figures opposite to them. Pools were openly offered
| for sale and an animated conversation was being
held in reference to the Saratoga races. Mulvey
was a prisoner. The proprietor was greatly amazed
at first but accompanied the officer quietly the
| Tombs Court. The crowd in the meanwhile had
hurredy deserted tho apartments. Detective Fly nm
gained admittance to No. Barclay street. known as
"Cascys Exchange" and witnessed similar scenes.
Pools on the Saratoga being rapidly sold.
Long Lambert. alias John Harris. arrested. Hc
tried to laugh the matter and said he per-
| fectly willing to appear ut the Tombs.
When the prisoners were arraigned Hackett said he
had not been selling pools lie kept asporting club.
he said. to which sixty gentlemen belonged. with
| whom he idc bets. He did not know that he was
violating tho law. There q number of similar
establishments in the Twenty. ninth precinct which
were not intertered with and he could not under
stand why he had been arrested. He said he had
been singled out among Others engaged in the
business aud added that in West Twenty eighth
| there no less than four FIVE places of the
same kind which met with no interference from the
| he WaQ Qxstip for
other party and merely sold orders for pool tickets
at Saratoga. Justice Wandcll Of opinion that
the had been violated and held the prisoners fol-
! trial in default Of $500 bail each.
|