Daily Los Angeles herald., 1880-10-21

Supreme Court Opinions.

DEPARTMENT. NO. l.
Filled Oct. 18th, 1880.
PEOPLE, ETC,
Al OoN EFT Altos.
The information alleged that de.
1ondAnts, Jointly, ON etc., "did deal
md carry on o certain banking
Ro|me. commonly known as Tan,
WITH certoin devices" etc. A YER
diot Of guilty was rendered against
8 A. part OF Its charge the Court
1notructed the jury: "If the evil
1ouoo shows that one or more of
DESCENDANTS were guilty of playing
IS ono banking game, and one or
nsre OF defendants At smother, and
the defendants were not playing at
the same time and place, and in
~ came game, the jury must &C.
Qutt.''
The Jury returned into Court for
farther instructions. Then took
Dlaco certain proceedings, which
ofo hereinafter recited at length,
not because they exhibit an exem.
plsEy model of the decorum which
SHOULD characterize the demeanor
~ counsel, but In order that it may
~ made to appear that the jury
must have been, or at least may
have been, led up to their verdict
~ asser tions OF fact emanating
nom the bench. Z
ssAfter retiring to their room for
elaboration as to . verdict, the
Jury were returned into Court, and
Were In the jury box at the time
the reporter entered the room,
Vhereupon the following proceed.
2nGs were had:
The Court Ito the reporter)-You
may state that the jury came In
and asked the Court
Mr.. Edwards-If the Court
please, I would like for the juror to
state what he is asking for, and for
4 the reporter to take 1t down.
The Foreman-The jury asked
Instructions or an explanation from
The Judge a. to the meaning Of one
q the Instructions, as to whether 1t
means that II part Of the defend.
ants we're playing the game at one
table and part at another table,
and Ill the same game, whether
they were instructed that the de-
fondants were not guilty; or as to
whether part of the defendants
Z were playing at one table and part
ct another, and at different game,
shat they were not guilty? That
Ii the thing we desire to know.
The Court-The Court instructs
the jury that, from the reading Of
the instruction, that the express
sion, or the words, at one game
does not change the character Of
the game charged in the indict-
ment Of tan; that the same game
can be carried on at tUo separate
tables and still preserUe the same
ok0v0cteristics. II the words at
table had been used instead of at
kAme,' 1t would alter the instruc-
4 ton. Is that all you desire?
Mr.. Edwards-I will except. The
Jurors have now the Courts con-
struCtion. If they want further ill.,
structions they can return again.
II anything further is to be done,
the Court has instructed them az
to the construction of that instruc-
ton. Now 1t Is for them to retire
without any more being said. to
deliberate on their verdict.
The Court-No more than what
the Court might see proper to give.
Mr.. Grady-I desire to put it
right here OF the minutes.
A juror (Mr. Marks)-Woul'
your honor allow me to state tie
oase on behalf OF one or two of the
lurors?
The EaurtGYes, sir.
Mr.. Markell will do it in their
behalf partly and partly In my
own. The difficulty is this, we do
know that two of these defendants
were caught at one table and one
1t another table. That we know.
Now. after we conclude that all
three Of them are really guilty
Of playing the game prohioited Dy
law, then we understand that the
1nafruotfon, the last instruction, is
that II two of the parties were in
one game and one of the parties
81 another table in another game
Of the same kind, that we must ac-
quit.
The Court-At another table
Mr.. Marks-At.another table and
In another game, but both being
guilty Of playing the game prohib
tied by law, we must nevertheless
acqHit, although it was nevertheless
the same game; that is to say, ii
the tables were put together and
there was only one dealer, they
would be in the same game, but
there was two games of the same
kind.
There Court-There could be two
dealers and only one game.
Mr.. Edwards-The defendants
except to the instructions given
orally, not In writing. Defendants
except to what the Court states to
the Juror orally.
Tho Court-Haven't you taken 1t
down, Mr.. Reporter?
The Reporter-Yes sir.
Mr.. Grady-I will ask the Court
now to instruct the jury in writ
ing.
RIr. Edwards ito Mr.. Grady)-I
object to your saying anything.
Mr.. Grady-I have perfect
w W 06A tAO SOdlb lOk I'LL ILL
Btruction.
Mr.. Edwards-I except to the
counsel Insisting on talking.
Mr.. Grady-I have per-
feet right to ask the Court
= proposition at any time.
The gentleman says / have no
right TO speak. ask the Court
this, TO instruct tine jury in writ
ing that 1t makes no difference how
many tables nor how many differ
'Gnt games the defendants were
playing il the jury believe the de-
fondants were engaged in carrying
ON the game Of tan for money at
The time alleged in the Informal
tkon; 1t makes no difference as to
the number Of tables or the num-
her OF games; that if it was the
same kind OF game played by these
DESCENDANTS at that time I ask the