The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-08-29
FROM FORT WORTH.
THE GAMBLING CASES DISMISSED
City Attorney Swan Gives up the Fight
in Despair--Suit Against the Erie
Telephone Company Death
from Snake Bite, Etc.

FoBT WORTH, August 2S.-lSpecial. r.
The Recorders court was well filled this
morning to witness the continuance of
the trials in the gambling eases, but at
the proper time City Attorney Swayne
made formal announcement that If
was useless to proceed, and recommends
ed the dismissal Of the rest of the eases,
so the agony ends. 1t must be said for
Mr.. Swavne that he made a gallant and
piucky night, using every means within
tne scope OF the law to secure the con
Vlctlon OF the offenders. Tho gamblers
themselves, who, it must be said for
them, are liberal set of men, express
lhelr admiration of the city attorney
and respect him for the grit aud deter
mlhalion with which lac pushed the cu-
SEES against them.
III IL curious TO inquire somewhat into
lhe causes which led to the signal defeat
OF the city. The sporting men had long
been in the habit of pleading guilty be-
fore the Recorder and paying the fines
assessed against them. But il would
seem that when they resolved to make
night they changed their tactics and
asked for juries, With them il had
become n fight for life. Tho city had
declared gambling had to cease rnd the
gamblers must 60. They resolved upon
u desperate struggle. As soon as the
llrst case ended in ayyuittal hopcs
rose high. Then one jury after another
Drought in similar ycrdicts ana
they saw they were safe. The
people could nof convict. Nox populi
voN Del out Of lOrty-cight men drawn
on iuries but one was found willing 10
convict. These iuriCs, in most eases,
were made up Of the best men i'm the
city. The inference il plain. Either
the statutes are detective or else the pvi-
dence would not prove the case as pre-
sented in the complaint. The court has
not got .iGrs II ton and cannot constrIIe
me law. \ juror, before retiring, asked
recorder Field for n construction Of law
ana ne told him he could not give it,.
lhe Jury was the judge Of the law and
the evidence 1t was almost impossible
10 get evidence. Mr.. Swaynp said that
he was compelled to depend upon gam
blers themselves, and he said in more
than one instance that they had con
stantly evaded telling The whole truth,
The city Attorney did sensible thing
IN Diminishing the cases this morning.
Ihc cause was hopeless. Nat Kramer
told MIR. Swayne that it was the only
thlng for him to do, and that they did
not think any the less of him for it. nor
Tor the fight he had made, and expressed
himseli IN the most friendly and cordial
manner and assured him no did not en-
uorSe inc slurS thrown out at him, aud
would ald to correct them. Mr.. Kra-
ller'S feelings, IL Is believed is fair in
doN to those of all the defendants i'm
these eases.
In dismissing tho fnrty-three eases
SUI on the docket, Mr.. Swayne said he
ana not feel like going further with the
gambling cases. lie believed that all
the officers had done their duty. He had
trled the strongest cases and hgd proved
tn'hl ana made out strong cases, but
luries taken from all parts of the CITY
ana from the hest of men, have seemed
to make up their minds not To convict
" u conscience is clear and he feels that
IL IS taking up the time IT the court 10
no purpose To 90 on with the cases. He
san good many had offered To- Mead
guilty II ne would dismiss the rest of the
cases, but he would not do 50. If he
couiu not convict NJ the point of the bay
onet he would not do il at all. lie there.
fore recommended that the rest of the
eases be nolle prosecuted. This was
done, and this ends the liuht against the
Samhiers ir the time being They have
scored IN uninterrupted SERIES of victo-
rlgs, and naturally feel iumnnt.
Nhc next prosecutions will be i'm the
county court, but County Attorney
fchdletou has Expressed himself power.
less, but nj the same time said Tie city
attorney had the machinery at his con-
irol which could bring convictions; how
nus prophecy or statement was borne out
is seen.
Planting of telephone poles sometimes
causes litigation. Ephiiam NJ. Orrick
has brought suit ln the County cnurI
against the Erie To.cphonc romn1nv rn,.
NaO damages. lie states in his 'pptition
that he owns certain lot on Houston
and on titth, aud that the said company
against ms protest dug holes aud planted
poles There, and that when hn nro-
tested ana tried tn nre\cut
Them from infringing unon
the prcmispssthcv had him arrested and
charged with disturbance, which he
contends was false, malicious and nm
grounded charge. That he was assault.
eu ANA insnltcd by the police at the i'm.
stance of the Erie company, and falsely
imprisoned in jail. lie was acquitted
ana discharged. He asks for $l2i addi.
nolai us indemnity for costs aud trouble
he was subjected to.
The foreigner hilton by snake died
at the hospital to-day, hut, ns stated i'm
me Herald, the effects of the lite had
been dissipated by the whisky, but moth
lhg could disSipato the whisky. No
clue to his name, W
here is corroboratcd news to-day
about the machine shops to bc erected
mere, and there Is no doubt hut the cost
OF most extensive shops are being ng-
urcd on. -