Daily Republican., 1886-09-25
VICTORY FOR POLICY MEN
ALLEN pIsCHAkGED AND ALL THE
OTHER CASES wITHDRnwN.
The Court Decides That There is No
Law in This state TO Prevent
Policy Playing

Policy Playing
Court re conv vened ct 8 O'Clock yester.
day afternoon, with the Chief Justice
and Judge Wootten on the bench. I'm
mediateiy after the opening the Chief
Justice said that in all his experience
at the bar or on the bench he had never
saw . case more fully presented than
the case Of the State against Frederick
Allen, charged with selling policy
rows. While the inclination Of the
Court ID that the case should be sub
mitted to the jury, he did pot think the
evidence produced by the State xould
warrant him In letting IL 20 to them.
He had no doubt In his mind that the
statute did not csver this case. and In
the opinion of the Court the books and
papers found on the defendant are not
such device rs cards, at which q game
OF chance can be played. According
TO the vtewA Of the Courf policy playing
is scheme OF betting on certain re.
suit, and there are no laws that will
prevent It. Under theee circumstances
be thought the cass should bo with
drawn, as IL 10 not an offense accorcip
to the law under which the indictment
was framed. At Mr.. Rodney's request
the jury rendered verdict Of not guilty,
ard the Deputy Attorney General en-
tered nolle pros. in oil the other cases
of the same kind.
The grand jury having finished all
the business which had been presented
70 thera we're discharged from further
attendance at this term Of court.
A jury was then drawn In the case of
Joseph Smith, coloIed, indicted for the
larceny OF n silver dollar, the property
Iof William Kirkwcod. on August 10 in
a grocery store at Kirkwood station.
Willard Il. Porter, ESQ appeared for
the State and Walter Bacon, E,q., for
The defense.
William Kirkwood was sworn, az d
flied that on August 18th, he went
Into store at Kirkwood to purchase
some sugar, and laid a silver dollar on
The counter. In fow minutes Smith
came. and SGT q box containing some
cheese on the counter, about ten inches
from where the dollar was lying, and
Immediately afterwards the witness
m issed the dollar. BE accused Smith
OF taking It, and he denied seeing IL.
A search was made and it WAS found
in q meal box.
Caleb Cannon was sworn and testified
that he resides about one mile from
kirkwood, and was in the store NJ the
station the day the dollar was stolen.
He c0rroborated the previous witness in
reference to the dollar being taken, and
also said that immed lately after Smith
had set the box on the counter hs saw
him lean over and pick up something.
which he put In his pocket.
William Smith was sworD, and testi-
fed that he resides at Kirk wood, ana Is
a constable. He lives near the store
aud was called over there on the day In
question and told that Smith had taken
a dollar. When he " ent over he told
Smith IL he had taken 1t he had better
give 1t up and save tronble. He denied
| having 1t, and the witness went away,
but Mr.. Kirkwood came after him
again, when Smith offered to be
searched.
The witness refused to search him,
but seeing he had his hand tightly
c.osed told him to open 1t. He kept
moving from the witness, and finally
goG alongside Of the meal box, and tht
dollar WAS afterwards found in tn,
box.
James Kane testified that he res dei
at Klrkwood and knows the prisoner
| He was working in the vicinity of tht
store on August 18th, aud upon goinl
there heard Mr. Smith pleading will
Joe Smith to either give up the DO lal
or allow himself to be searched.
The witness said 10 Mr. Smith that h.,
could not see any use OF fooliog witt
Joe, and II he would not give up tn,
dollar, or give any satisfaction about it
he had better hand him over to highe
authority. He afterwards saw Josepl
Smith have bis hand hanging on tn
inside Of the meal box, and when III
witness searched he found the dolla
There.
Leonard Gray testified to the sam
EFF, c., and the State rested. The de
tense hpd no witnesses and after brie
argument the case was submitted to u
ijury, who retired Mt 80 O'Clock.
Howard Taylo and Charles Dump
son were arraigned and plead not guilt
10 an indictment charging them wit
an assault with intent to xiii Bepjami
+. Reed on June IA.
A jury was drawn and the case to Ike
lup for trial at once. with Willard II
Porter and Austin Harm gton, Esqs
for the State, and Walter Bacon an
Thomas Davis, Esqs., for the defense.
Benjamin f. Reed was sworn, an
testified that he resides In McCsulle
street and knows the prisoners. On th
Ievening OF june IA there was a process
sion OF the Sc MS of Rest, and the vii
mess had been up to Eighth aud Tstpal
streets. He followed the band for
few squares, but upon seeing the polio
looming alOI K with Elijah Benson /
custody stopped 10 look at them, an
II h. So.
went to Sixth and Walnut streets, an
by that time the bal was coming this
way.
just as the procession passed, th
witness was pushed by the crowd ON
his hat fell off; when he stopped to pic
IL up be was struck with an umbrella
and rs he raistd up Dumpson cut hin
when he tried to get int) the saloon o
toe corner. but the man pushed hir
tout ard Tsy Tor then cut bim on th
ileg Both the men ran, snd som
Ipent,emep be,ped the witness over |
lDr Tom 'inson's, on the corner.
The witness VAS laid up three week
lard still cutters from his Injuries. l
IansWer to Mr.. Harrington he said this
Ihe is employ ed by George w. Bush
lSon, and had wcr rked for Mr.. Lobaell.
joseph II. Mason was sworn, an
-ttesiified that be was at SIKH and Wa
lput streets, the night that BenjamI
Reed was assaulted. The witness VIZ
star ding st Heiss' saloon Is the PR
csssion came alcng and turned up Wa
nut strest, when there was break b
tween the baud and those who wei
following II
The text thing he saw was that Rec
was being beaten with sticks and 0
, un brelia, and heard one of the me
say that he didn't allow any son Of
b--h to pass between him and the ban
Reed tried to get in the saloon but &