Daily Republican., 1888-02-07
FOURTH EDITION
Fh,e morning's Oourt.

This mornings COURT.
This mornings session of court Was
opened promptly OF 10 O'Clock, but no
business was transacted for the next
half hour, with the exception OF calling
the names OF the grand and general
Jurors. The case Of Bridget Spencer vs,
James Thomas Spencer was resumed
shortly before II O'Clock, when Mr. San-
born asked that the further cor sic era
tiOn Of It be postponed for the present
on the ground that ho hsri tWo impor'
tant Witnesses. one OF whom is now
tick fr' .to hppesr In conft.
The Avpl.OaliOu Was opposfd by At
t0rpey. General Biges, who said thA, one
Of these witnesses IL the woman the de.
fendant 10 now living with, and who
his counsel stated yesterday 10 his wife.
He taid that It was ruled by the Court
yesterday that the prosecutrix could
not testify against the defendant, oD ao-
count OF her clai ming that she was his
wife, and he therefore thought that this
woman could not be brought here to
testify, on the same grounds.
The Court, however, decided to grant
. continuance until 3 o'clock this after.
noon, when an tfJrt will be made TO
have Mra. Mullen, one of the Witnesses
spoken Of by Mr.. eAnb present.
Mr.. BigPs oAlled the cases sgainst
John II. Benson, James Pleroa and
Peter street,, oharged with policy
writing. There are five indictments
against Benson, two Of which charges
him with policy writing, one with
gam bling. and two with selling liquor
without Q license. There a-e two 10.
diotments aRslnst Pierce, one Of which
is for policy writing and the other for
gambling, but In the case OF Streets
there WAS hut ore indictment.
Frank II. Hofecker, Esq, who ap.
peared for Benson, plead guilty to all
the charges, and he WAS sentenced TO
pay tine OF $50 and costs on the charge
OF selling liquor without . license, SiC0
ipe or six months imprisonment for
keeping gambling place, aud 81, 900
tiHe or one years imprisonment on the
two indictments charging him with
policy backing.
James Pierce was then sentenced TO
pay = tine Of $500 and costs on zach in,
dictmen', or be imprisoned three
months IN each case.
Peter Streets pleaded not guilty, and
aBked that subj oenAs be Issued for sew.
oral wituesse', whose lanes he handed
IN 10 the clerk.
Attorney General Biggs called the A.
ten tion OF the court to the c1ses OF Jas.
MoNef and Christopher Haley, indict-
ed for gambling, He said that he up-
derstood that McHefi's wife is now oon
Coed, and In view OF that iAcl he would
ask that he re allowed 10 enter ball, i,
end have his case continaed until the
May term.
WAltsr Hays. Elq. stated that Haley
has o. wHys bore sn excellent character,
and 30 he has never been concerned In
an5thinR Of this Kind before, he hoped
the corrt would impose the liRhtesi
fne possible.
Haley had plead guilt, IS he would
have liked TO try his case, ior the pur-
pose Of showing the Court and the pub
lio TO what an extent keno is carried on
in his city. Policy playing has de
creased, hut other forms Of RsmolinR
have increased, and As there ere some
twenty fye cases to be disposed Of at
this court, he hoped IN example would
be made Of them that Would deter
others from engaging 10 the business,
As that was the only way In which It
can be broken up. OF the two evils he
considered Keno even worse than lot
terry policy.
The Ohief JustIce remarked that keno
WAS very seductive game, and hs
would do all in his power to etop It
He then sentenced Haley 10 pay fin,
OF 81 900 and the costs OF persecution,
or De Imprisoned one year.
A jury was then drawn and the case
OF Lemuel Stroud, indicted for keeping
3 plaoe wheTo keno WAS play ed, " u
taken up for trial.
The Btste was represen ted by Attor
ney General Bigss, who opened the cas-
by reading the indiotme ent to the Jury
He then proceeded with the examinA .
tion OF witneasfs.
Sergeant McVsy was sworn and tes-
titled that he was detailed by the Mayo
70 take two men and make raid on
place kept IN an upper story OF th,
building on the southwest corner q
Thitd and Market streets He Wal
given sesrch warrant for the place
aud went there about 8 O'Clock In tn,
evening Of January 231. When he en-
tered the room there were Abo1t forty
men arolnd = table, on which werl
blocks With figures on them. The en-
tire outfit captured at the place was ex
hibited In court, and the witness testi
fed that he secur ID about two bushsl
OF the blocks with figures on. Whel
the witness entered the room he was fl
citizsn's clothes, and the men we're 81
deep y enRrossed with the game tina
they did not notice him for IeverA
ninutts,
During that time he saw Stroud turr
an urn, from which he drew number
a; the bottom, and called then out. Ii
then called stroud to him and told bin
that he would have TO take him u th
hall but be let all the others 90 excep
McNtf aud Haley, for wnoln he OILS
had warrants.
Stroud, who conducted his own case
undeIt iok to cross exa niue the witnesp
bat branched of In q rambling addref
% ;he jaryi when he Was checked b,
the Court.
j. Minkey was sworn, and testiie
be had played ksno and knew that th
. apparatus exhibited was keno lAyoui
The State then rested aud Btrou
opened his case to the jury. He elaine
that the Btate had failed TO prove tha
be was the proprietor of the room, an
that his only connection WAS tha. b
WAS "Working there verbally" to hel
the proprietors ont. He oniended tn,
the fact Of McNeff and Haley plead In
!. guilty showtd that they were the pr,
e pTletors.
! The Chief Justice briefly charged tn
jury, and then they retired as l2
lo'ciock, but returned In five Iniuut,