Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-08-18
THE PROSECUTION SURPRISED
A COMPLAINANT MADE A DEFEND.
ANT IN THE POLICE COURT.
Interesting State of Affairs Growing
Out of w. F. Quarles' Charge
Against G. l.. Sledge.

Against G. l.. Sledge.
Judge Buckley created a decided sensa-
ton by one of his rulings in the Police
Court yesterday morning.
g. L. sledge was being examined on
charge of conspiracy, the grounds of the
charge being these: WE. Quarles alleged
that he came from Colusa few DAYS AGO.
and was met at the depot by jeff Marshall
and G. L. Sledge, two old friends. who
went about town with him for awhile and
then steered him against brace faro game,
where he lost $12O. Sledge and Marshall
were both arrested and arraiened in the
Police Court on Wednesday on a charge of
conspiracy. The cases were continued nm
til Thursday morning at the request of the
prosecution. At that time Quarles, the
complaining witness, did not appear. and
1t was found necessary TO continue the case
until yesterday morning to secure his at.
tendance. AT the same time the COMPLAINT
against Marshall was dismissed, on motion
OF the City Attorney as the prosecution
had decided to use him as witness against
Sledge.
When the case was called Yesterday
morning all of the parties were in Court
and Sledge was represented by Z. C. Hart
the prosecution being conducted BY CITY
Attorney Church. The complaining witness
took the stand and testified that he had ar
rived in the city in the evening, and was
met at the depot by Sledge and Marshall.
and they went around and had some drinks
together. He had something over $3.50 in
bis pocket, and they accompanied him while
he went and ordered a suit of clothes on
which he paid $40, and did some other
shopping While they were going around
Sledge said he was out of money and
wanted to go and get some. He and Mar
shall accompanied him, and waited out.
side house while Sledge went in and got
some money. He came out with a S10
piece and asked them into saloon to take
a drink. After he received his change he
gave Marshall So. They then went to the
saloon on the corner of Second and J
streets and took drink. Quarles saws he
wanted TO go and get supper, but Sledge
said I'VE won't eat until we go and play
little faro and win good supper" He
finally agreed, and they went upstairs.
where he lost his money in two deals. He
won some bets, but was never ahead of the
game after his first bet. Once he bet over
the limit and the dealer called his attention
He could not say but that it was a souaTe
game, but from the fact that he was loser
from the start he did not think that il was.
JEFF. Marshall testified to meeting Ouarles
at the depot and corroborated his state
ments about going around drinking and
playing faro, but he did not know who
made the proposition to play. He said
there was no arrangement between him and
Sledgee to take Quarles to any game or to
get his money from him. Sledge loaned
him So before the game and $40 afterwards.
but he had often loaned him money before
and 1t had no connection with the game.
He did not play at the game, but Sledge
and Quarles played. He did not know
whether Sledge won or lost.
Lowry SweitZer testified that he was in
the saloon at Second and streets. and saw
the men in there. Quarles and Sledge put
In 81 90 apiece to go upstairs and play faro.
Sledge wanted Quarles to play but the latter
insisted on Sledge playing it. When they
got upstairs Sledge commenced to play and
after few minutes Quarles said: What
is the matter OF me not playing for q few
dollars" Then he took out this money and
commenced to play. Witness did not
know how much he had lost. He saw
him both win and lose. Remembered
that he bet the limit, S12 so, once or twice,
and won. Another time he bet over the
limit, and the dealer called his attention to
it, but let it go. The limit was $i2 so on a
card, but they could spread the bets around
and have hundred or two on the deal, if
they wanted to. He knew of no agreement
between Sledge and Marshall to induce
Quarels to go up and play. Could not tell
which one made the proposition to play.
He first saw Sledge and Quarles put up
So so apiece, and they all went up stairs.
There was present the dealer, e-keeper,
lookout, Sledge, Marshall, Quarles and
himself.
Daniel Costello, blacksmith, testified to
seeing all of the parties afterwards and
drinking with them Sledge had money,
and paid for the drinks.
This closed the testimony for the prose-
cutlon, and Mr.. Hart moved that the COM
plant be dismissed, on the ground that the
prosecution had entirely failed to establish
any conspiracy between Sledge and Mar
shall to induce Quarles to play at a game
where they knew he would lose. He went
over the testimony at length, and pointed
ont that there was no evidence that they
had any agreement between them, while
one of the witnesses for the prosecution
had testified squarely that there was not.
The City Attorney stated that he had been
surprised by the testimony of Marshall
He had expected to show by him that there
was conspiracy between him and Sledge.
He believed from the circumstances sur
rounding the whole transaction that they
intended to get Quarles to play and lose his
money.
Judge Buckley said the law provides that
in an examination of defendant for one
offense if another offense is developed the
Court may hold him to answer for that
ofense, though the first one charged may
not be proven. In this case the defendant
was charged with conspiring with Marshall
to defraud Quarles of his money by GRIM
inal means. There was not enough testi-
money to warrant the Court in holding the
defendant on this charge, but during the
argument the idea had struck him that
both parties might be held for another Of
Tense. The law provides that conspiracy
was where two or more persons conspire
together to commit crime The testi-
mony of Lowry Sweitzer shows that
Quarles and Sledge entered into an agree
ment or conspiracy to go and play faro.
which was a crime under the law. He
therefore issued warrants at once for the
arrest of both Sledge and Quarles on a new
charge of conspiracy, and set the cases for
examination at 10 o'clock this morning
Judge Buckley stated that he had some
doubts as to the law in this case, as it was
a poirlt that had never been raised before.
The act of playing faro was only misde-
meanor, while the act of conspiring to
play faro would be an indictable misde-
meanor. He requested counsel to be pre-
pared to argue the point this morning.
Quarles and Sledge were placed under
bonds in the sum of 800.
Minor Police Cases.
Mrs. Connors presented pitiable appear