Omaha daily bee., 1883-04-26
STREET SWINDLIHC.
The First Prosecution Gives the
Offender a Chance to Skip
the Town.
The Perplexities in Which the
Authorities Find Them
selves.

Yesterday there wa an interesting
case before Justice Abbott, It being
that Of Frank Ashton, charged with
swindllng.
Ashton had q young boy with him,
who was arrested on q like charge,
but he was discharged, the evidence
not being quite strong enough,
though It indicated that he was q
sort Of capper to the game. Ashton
has been plying the soap business,
selling little boxes containing q tiny
piece Of common soap, with the
assurance that there were money
prizes In some Of the boxes. When
captured, his sstchel, from which he
was selling, wa found to contain no
boxes having money In them. There
were several boxes from the edges Ct
which protruded little bits OF old
revenue stamps, taken from beer kegs
and cigar boxes, evidently intended
to carry the Idea to the purchaser
that they were the edges Of green.
backs tucked inside the boxes.
Capt. Hight, the county attorney,
prosecuted the case and George
Holmes was the defendants attorney.
Justice Abbott decided that 1t was a
swindling device and that the ac-
c1sed should be held over to
the district court. He fixed the
bail at 800 and gave the young
man until this morning to give ball,
taking his OWL reoognizsnce In the
meantime. This translated into plain
English meant, SECT out Of town be.
fore z O'Clock in the morning, or you
will be arrested"
While this trial was going on there
was q similar game being played with
In sight of the court room, by the
young man who has planted himself
and show case day after day at the
corner OF Main and Broadway. This
young nan also sells soap fifty cents,
worth perhaps Q nickel, and gives q
chance free to draw Q prize by shaking
dice. There are nine Of the dice, and
whatever their number add up, there
Is . corresponding number In the show
case On some pieces of cheap jewelry.
OF course the numbers which are most
commonly thrown draw only cheap
rings, studs, buttons, etc. Such mum.
bers . can seldom or never be thrown
are placed on watches and money. II
anybody will notice the numbers on
the desirable prizes and then practice
a little at home with more dice, he will
readily satisfy his curiosity and car be
convinced ct less expense, that It Is
hopeless to expect to get any PIE
worth carrying off, even If the over
features Of the game were straight.
This young man has, however, o
license from the city to pursue Ia
business. The other young man I'D
not, and, by o strange coincidence,
the latter Is prosecuted under the sto %
law and the former Is not. 1t locks
very much as If 1t was all right o
swindle, II the city treasury only ct
It's share of the profits In the way OF a
license. Capt. Hight, after disposiug
Ct Ashton's case, went over AID
watched the other one for q while wi b
much interest, and he may have DIS,
covered seme reason why q shou d
be prosecuted and the other not. II
not It seems that consistency shou d
demand the filing Of m information
against him, too.
The task ID rather appalling too, az
IL 10 10 difficult to draw the line, b 1t
It IL agreed by nearly ell that tn 20
four of transient street business sl IL
be cleared out at ouoe, but how II q
to DO done 90 long % the city in s
official capacity endorses 1t by licei S D,
while the state law denounoes 1t BIZ .
crime, perpleIes the powers that I've.
What Is fair for one, however, shou d
be the treatment of others of J se
business, and the city cannot afford 20
put itself on record % using the Of ,te
!, law to punish such swindlers ~ do, It
pay license, aud protecting su,a
swlndlers who do pay . license.
The oily Itself brought other ca 'ss
agalnst Ashton and his boy oompan on
charging the former with not having a
license, and charging the boy with 81
grsnoy. The boy was discharged , =.
terdsy, but Ashton pleaded guilty .ui
!. paid IS and costs.