Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-09-30

out OF MS uOllSe nuu nfeu at MN ana
Benson with his gun. He said that l,en-
son did not fire any revolver at Dixon and
did not have my pistol ct the time.
Pending the trial of this case court nd
journed until Friday morning.
The trial of Elijah Benson, soIored, for
assault and battery, with intent to kill,
upon Frederick A. Dixon, colorud, was
resumed at the opening of court Friday
morning. The dpfence called witnesses
who threw some doubt upon Dixon's
reputation for truth, veracity and good
sense. The State, in robuttal, called
Joseph Brown, colored, who testified that
Elijah Benson came in his brothers store
on the morning of the assault and OBJ
tanned his brothers. pistol, which he took
out with him, and also had pistol of bis
---rl - ta- l,~-rreq'r,r ~ tl,r firpn nho
case was briefly argued, md at Ii. d5 the
Jury retired. After n brief absence the
Jury returned verdict of not guilty in
manner and form ms indicted, but guilty OF
| assault only. Benson was sentenced to
| pay fine of 300 and costs of pIosecu.
ton, and to be imprisoned for one year.
The policy gambling trials were then
HlitIIHu Will LLG WASH vi EIANtt1lIN
Allen, indicted for selling policy. Deputy
Attorney General Biggs for the State and
w. T. Lyman and John II. Rodney,
Esqs., for the defence. Mayor Rhoads
was first called and testified that flom in.
formation received he was led to believe
that Allen was engaged in the policy
business, ON which presumption he swore
out warrant for his arrest. Personally
he knew nothing about the matter.
Officer Harry Welch testified that he
knew the prisoner, Frederick Allen. On
the 9th of August last he was instructed
by Sergeant Taylor to arrest Allen, and
did so shortly before noon Of the same
day. AT the police station Allen was
searched, and u number of policy slips
were found upon him. The papers were
shown, identified by the witness, and
offered in evidence.
Dog-catcher Brooks Foster was then
called and examinedas an expert in policy
playing. He detailed the various moves
of the game, and explained the meaning
of 'sputs," ''runs," ''sides" and ''sad
dies" The deputy attorney general
asked him what row would have to b0
played ia case prospective player (here
Mr. Biggs used himself as an illustration
dreamed of coffin. The witness said he
would have to consult the dream book
before answering, and as no 'dTeam
book was at hand Officer Weloh said he
had one at the police station
and started off to procure it. Mr..
Foster further said that in policy
no smaller stake than two cents
could be played, and that the winnings
would run up as high as 81 for every
cont staked. As far as he knew the play
was entirely dependent upon the drawings
of the Louisville lottery. The man who
obtained the stakes from the player is
known as policy writer. Tho numbers
are sold on the street and in rooms. A
policy book was shown the witness, and
he said ii was book in which the policy
writer's took down the stakes Of the
players. He also took the dream book
produced by Officer Welch and explained
how people playing policy accepted The
Interpretation Of their dreams from the
book and played policy accordingly.
On rross-examiilation the witness ad-
mitted that his knowledge of the huainass
had been acquired from playing the
game. lie said the winnings or iosings
OF the players were dependent upon the
drawings of tho lotteries. He said hu was
not superstitiuuS, and would not depend
npop the t'dreani book" for his play.
Police Sergeant Harry G. Taylor testi
fed TINT he had orders from thu mayor "a
have Allen arrested, and told O1ice1
Welch to look out for him, and arrest
him between the hours of ii and IL or {
and G o'clock. lie saw Allen after he was
arrested, and Allen snid, ''Mell, Pm IN
the wrong" Allen further said, "Well,
admit that / have written policy, hut
received orders to stop and l did So"
! The State here rested, and for the
| defence, Mr.. Rodney said be would asli
the court to instruct the jury TO acquit
| the defendant, because his offence, as
proved by the State, did not connect the
prisoner with any violation Of the law
against gaming in this State. He con.
| tended that all the transactions connected
with policy were dependent upon the lot
| tory drawings in kentucky, and were,
| therefore, n speculation and not gamb.
| ling gamo. He held that the indictment
accused tho defendant of playing game
of chance and exhibiting device com.
monty called policy" and that there was
no proof to sustain this indictment, as
there was no evidence OF gaming of any
kind In connection with the alleged
policy dealing. Mr.. Rodney claimed
that policy, even in its broadest sense
was a tangible speculation, dependen
upon the result Of lottery drawing il
Kentucky, and therefore could not in an,
way come under the provisions OF tn
statutes of this State against gambling.
/ Deputy Attorney General Biggs opposes
Mr.. Rodney's views, and claimed tina
policy was game of chance played 70
money, and therefore cognizdble undo
the statutes against gambling.
Mr.. Rodney claimed that il there wer
forms of gambling thnt did not com
under the strict provisions OF the statute
parties accused Of such forms of gambling
could not be convicted under the statute
Without deciding the point raised
court adjourned at i.i0 O'Clock until
O'Clock.
81 I