National Republican., 1883-10-13
Other Matters Transacted by the Various
Legal Tribunals--The Record.

John c. (alias "Con") Lynch, John (alias
.Jacl) White, and David Murray for tho To-.
cuny of 1856 from b. II. Sparks by what is
known MS the "top and bottom game" was
resumed in the criminal court yesterday. The
court room was crowded throughout the day.
Tho witness, OLeary took the stand and his
cross-examination was concluded. He was
asked if he had been working up this case
which was objected to. He said that he had
been engaged in obtaining money by three
card monte perhaps two or three thousand
times until he was arrested for tho larceny
of a watch from Mr.. Boone He had par
ticipated in "bunco" but three or four times
directly.
John II. Murphy was sworn. Mr.. Williams
objected TO his competency, on the ground
that he had been convicted, citing instances
whore witness had been convicted of larceny
and manslaughter, Tho pardons were pro-
duccd and the court ruled that witness was
competent. Witness testified that he had
been acquainted with Dunn for twenty-five
years remembers that he was in tho city in
October, 1881. Witness attended tho cen
tonnal ut Yorktown, and returned about
the twentieth had a conversation with
Dunn. They were working together, one
with one combination and one with another,
but had an arrangement between thcm-
selves to divide tho money they made.
They met Mt Sixth street and Pennsylva-
MIA avenue, and they showed up
how much each had won, but they did
not make division. Dunn said he had won
$500 from one man and $50 from another. As
to tho $500 he said they heat the man at
Wise's that the money had not been "cut
up," and that was one of the reasons that he
did not get his portion. Ho said that n man
named Murray ''steered" the man and Lynch
played for the man. Dunn did not say what
part he took. Dunn said that as soon as the
money was divided he would settle with wit
ness. There had been an arrangement be-
tween them for from four to six weeks
There were two combinations of monte and
stop and bottom" or bunco, in town, and it
was understood that he would go with the
monte men and Dunn with the others. They
never had a settlement, each having gradually
got jealous Of the other.
CrOss-eXamined-Witne procured the pic.
ture of Dunn from the house of Mr. Wood
yard. Mrs. woodward was present.
"By whose direction did you take the pic
tureY' was asked.
Witness hcsitatcd, but finally said Gov.
Wells told him to got it as soon rs he could.
Told Gov. Wells that he would get it If he
j, d 10 steal it, Witness had been Mt "three
card monte from lS77 to, 1882, until within
n month Of his arrest in March, 1899. He
had played mqnte probably 5000 or 1000
times in Maryland, Virginia. and Pcnnsyl-
vanin, besides the district. Went to York
town to nl9S monte. Witness had spoken TO
the members Of the citizens committee while
in Jail as to this case O'Lcary was in Jail.
Witness was in the jail when they began.
lialGa dozen came down t. jail, among
them Mr.. Thompson and Mr.. Fox. Prior TO
their coming Col. William p. Wood had con-
versed with him as to having an interview,
Witness sent for Wood and he came 1t
was four or five months after this
that Mr.. Thompson and Others came.
Mr.. Wood came to converse with
him, to consult, with him, and to console
with him. Wood promised to get him par
doned and advised him to keep his mouth
shut. With ess proposed to give theipforma-
tion if he would be pardoned. Did not make
the proposition to the citizens committee
nor did O'Leary do so in his presence
O'Leary did not act for him in this matter
Mr.. b. III. Warner was there on one occasion
Brewster Cameron did not visit him. Mr.
Warner was there in relation to business be
tween him and Mr.. Dunn, n monte trick
Remember an interview with Messrs. Thomp
son, Warner. and O'Leary, lasting about five
minutes Dunn was brought there to seh !
he would corroborate him as to n statemen
in regard to monte case not now on trial.
Did he cNrroborate you3 was asked but TIN
court ruled it out.
This closed the testimony for the govern
ment and Thomas Dunn the defendant, wa
called and testified in his own behalf HI
said that he was employed as brickmnkc
since May %, 1852, by the Virginia Bricl
company; was not present at the time tn
occurrence testified to took place; neve
acted rs the bartender for Mr.. Wise; nevc
saw Mr.. Sparks till he was arraigned here
Witness was standing conversing with MI
Holmes when Mr.. Acton came up and made
communication in regard to the affair. Wit
ness went to the Baltimore and Ohio depo
with him, aud Mr.. Acton called Mr.. Spark
and asked him if witness was one of tho men
Coomes and Sargent were present. Witnes
was not in company with John White, Lynch
or Murray in Bryan's saloon, nor did he g
In Bryan's dining room.
Cross.cxamined. Witness had nevcr beef
tried in this court nor convicted.
Did not you, Murnhy, OLcary and other
huy Javinss place and play three card mont
there?
Witness. No, sir.
Did You play three card monte or top am
bottom" thore or elsewhere?
The court. You need not answer unless yoI
choose.
Mr. Williams claimed that the question wa
not proper but, being overruled, took an eH
ceptiOn.
Mr.. Wells. Do you decline to answer?
Witness. l refuse.
Mr.. Wells. Why?
The court You cannot ask why. Thre
card monte is larceny, and to ask why yo
ask IL he is guilty Of larceny.
Mr.. Wells asked If he Mayed with Skivinp
ton and O'Loary, and he declined to answe
Witness did not act rs "thc farmer" who
Harris was the scarcr at Javinss; was NJ
IN the game. Did not play game at Tol
JTudsnn's when watch was taken; did M
give tho watch TO WoGdyard nor to Finder
did not receive cent from Flinders as II
proceeds Of the watch, nor from Woodvar,
did not know that the proceeds OF tho watC
were divided between Scribner, O'Leary, an
others.
MIR. Pelham said that O'I.enrv got 1t, whiC
Mr.. Wells denied, and Mr.. Pelham reiteratC
his assertion.
Ex-Detcctive Acton was sworn, and aft
recess testified that he was formerly dete
tive officer; had been nearly sixteen years {
the police force; remembers that in OctobC
1851. Oncor Scott, with Mr., Sparks, came
lcadquartcrs and reported the robbery. Su
sequcntly met Mr., Dunn, Mr. Coomcs beiT
with him, and asked him to go TO the depC
They went down and asked Sparks if no 50
any Of the men who robbed him present, M
he said he did not Mr.. Sparks was som
what excited; was within six or eight feet
Dunn Mt the time.
Cross-Gxamued. Witness did not rememb
that he said 10 Sparks that there was II
much chance Of getting tho money; did II
ak If ho would be satisfied with $500; d
no; SAY to him that there was no chance
him getting his money back.
EN-Detective J. W. Coomcs corroborat
Mr., Actons testimony as to what happen
nt thn lpnot