Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-06-16
THE "sPINNING JENNY, CASE.
Sharp Letter Of District Attorney Cork.
hill to the District Commissioner

ShaHp Letter Oh District Attorney Cork.
nil to the District Commissioners.
He DOES NOT coNcEDE THEIR RIGHT TO DEMAND AN
EXPLANATION OF HIN, But ANSWERS THEIR IN
CURRY AS TO Why THE Z" "sPINNING JENNY"
OPERATORS AT THE WASHINGTON LIGHT INFANTRY
PAIR WERE NOT PROSECUTED.
The following letter explains itself:
JUNK 10TH, 1888
natSstoners OF the District OF Columbia:
SIR: l am in receipt Of your letter Of the 9th
instant. referring to published statement that
under my direction a nole pros had been entered
IN specified case recently pending in the Police
Court of this District, which statement, If it be
the Commissioners, VINO thought the case should
De vigorously prosecuted"
You request me to advise you whether there is
any truth In the statement and, IL so, the basis
upon which the action indicated was taken.
-, Wnlie not recognizing any right or authority in
demand OF me an explanation of any act per-
formed IN the discharge OF my duty as an off1cer
OF the United States, nevertheless answer your
inquiries as cheerfully and freely would those
OF any other reputable citizen concerning any
public matter coming within the range Of my OIL
The case referred to is that OF the United States
against William McPyncheon, Andrew w. Kelly
al ana sGeorgSW; Demonet. charged with violation
OF tne act or Congress approved January 81, 1888,
ent1tleu AN act to suppress gaming in the District
OF OF I Columbia. by setting up spinning jenny"
"Wash1ngton Light Infantry Corps" an entertain
| ment which, from the high character of that
great esteem in which it and they are deservedly
heid, excited great interest and ELECTED liberal
patronage from the best people OF this commu-
The fair opened on the evening OF Monday, April
@ dhe la.h ana on Tuesday April the 18th, the spe-
at the Police Court, on the complaint of the chief
OF police filed. "for and behalf of the District
Of Columbia" an Information against Col William
". z, Or nf antr
Of the revised statutes OF the District of Columbia
connection with the fair. The hearing of this
charge was, by consent Of the law officer OF the
sequent to the closing OF the fair, when the de-
Iendant came into court, pleaded guilty to the
Ger In view OF the fact that there had been no in
tenton to violate the law, the court imposed the
nominal punishment OF $40 hne the penalty pre-
1ne not TO exceed 81 ,OO0 or imprisonment in the
District Jail for not than six months or both
IN the discretion OF the court.
During the progress OF the fair various methods
OF OF oisposing OF the many articles donated by the
wives sisters and lady friends of the gentlemen of
lne corps, ana Dy prominent merchants and buSi-
ness men OF this and other communities other
wise than oy direct SALE were resorted to, such as
means employed for this purpose was a device
commonly known. believe, as a "spnning Jenny"
of oIEu ths me- meium OF which there were disposed
tiies, TOBACCO bags. handkerchief cases and other
articles , donated. as above stated 70 the corps
rms was done openly unreservedly and unin-
terruptedly during every night of the fair In the
presence of numerous police officers some OF
whom were present every evening, several being
competitors Tor some OF the prizes which were the
subject OF ballot. until the very last evening of
ehe ia When short time before the hour of
VINO happened for the time being to be pres!d nc
over the spinning Jenny,"-were arrested and re.
lag law. WV e"A--
As to your statement that the prosecution
ior the gift enterprise had no more to do with
the "splnnlng jenny" than it would have with a
larceny committed on the premises, desire to say
the fact, and that no court, under the circuin-
stances OF this would separate this device for
dlsposlng OF these donations from the fair itself,
Whlch you characterize as gift enterprise and It
would be rank injustice to countenance the enter
prise as whole and then attempt to punish the
0peratoIs or OF single device connected with it and
AS to whether or not the acts OF Messrs.
McPyncheon. Kelly and Demonet involved a tech
ncal Violation OF the letter Of the gaming act per.
sons may honestly differ but do not
tnlnk that any reasonable man will contend. in
view OF an tne facts OF the case that they involved
The statute was intended for the suppression Of
professional gambling in the District OF Columbia,
ana not, IN my opinion, to do away with long,
established, generally adopted and harmless
means Of raising money for the beneft OF religious
The gentlemen charged In this case with yio-
atng Ia ing tne law mad no pecunlary interest whatever
ln Ine operatlOn IN which they were engaged, but
were merely rendering friendly service to the
benefciaries Of the fair nor is 1t likely that the
various patrons OF the so-called spinning jenny
to contribute their money to the praiseworlhV
object OF the fair.
10 have slgnailed out these three gentlemen
from the scores who had been permitted unmo-
Tested, to engage In the same amusement, and to
have prosecuted them for an onense the penalty
OF w!lch Is imprisonment In the penitentiary,
would, in my opinion, have amounted to an unius-
tlhable persecution rather than legitimate pros
eculon Accordingly In the exercise OF the SOUND
to be nolle pressed.
Until the receipt OF your communication was
not aware that this was case in which the Com
misstoners OF the District OF Columbia took spe-
cial interest, and one Which they thought should
oe Vigorously or t prosecuted and in view OF the
With their sanction, in accepting mere nominal
fine for the violation Of law involved in the con-
that they desired any prosecution at all.
=, IL the "splnning jenny" case involved any vio-
lation OF law, much more clearly did the :sgift-
enterprise" case, the prosecution of which was
entirely under the control of the Commissioners.
II the use of this device for selling these dona-
ter your officers should not have allowed it TO be
operated single night and certainly should not.
law abiding and Citizens for
nights TO break the law and then at the last hour
OF the last night make an arrest and demand
do not concur with you in your construction of
the law, and until have the benefit of judicial
ment.
confess l am unable to harmonic an Official
construction OF this law which causes the arrest
OF respectable, law abiding citizens for employing
harmless means for raising money for beneficent
worthy and cOmmendable object, and demands
Cnelr vigorous prosecution, with q construction
which countenances and permits betting, pool |
selling and It's attendant gambling at horse races
within the District
am, very respectfully,
GEORGE B. CoRKHnL, US Atty DC
A Scene In the Police Court.
JUDGE SMELL THREATENS TO FINE THE PRosECuT.