Sacramento daily record-union., 1888-08-27
HOKEY POKEY.
THE CASE AGAINST Ii. A. BELL
DISMISSED.
Not a Percentage Game When
Drink Checks Are Given-Tes-
timony in the Case.

suited in the discharge of the defendant.
Police officer George Green, the first wit
ness, testified that on Tuesday evening last
he visited the place mentioned and found
H. A. Bell dealing game of hokey pokey.
He feigned intoxication and sat down be
tween two "cappers " to play. He onlv
had half dollar with him and had to
borrow another halt of friend in order to
| buy a "stack of twenty chips. There
was large pasteboard sign on the wall
showing the rules and regulations of the
game the relative value of hands. and
stating that tickets were given TO players
| only and that they were playing for drinks.
He then described how the game was played.
The dealer would deal one card to each per-
son, face down, and then four more to each.
face up. The man before whom the buck"
was placed then had the opportunity to bet.
They make their bets all round and then if
man has high cards he :" calls" Then
they ''shove the buck" and deal again. The
dealer took out checks all the time for
deals and foSevery time anyone had pair
dealt him and placed them in a small v
shaped box. The checks were white and
represented 3 cents each. He saw red
checks there, but none were played while
be was present. Was playing fifteen or
eighteen minutes and saw the dealer take
out during that time about twepty-four
checks. Asked several times for d drink
and called the attention of the dealer TO
the printed rules to show that he was en-
titled to one, but the latter replied that he
would not give him drink until he had
So. Did not see any drink checks on the
table and none we're given out. The game
was Lot played in accordance with the
rules which were posted on the wall. He
then placed Bel under arrest
Milton Brady, special officer, who ac-
companied Green, corroborated his testi-
mony in regard to how the game was
played, the taking out of the checks and
the fact that the dealer refused to give
Green drink until he had S..
G. W. Dixon, a boiler maker, testified
that he was present and playing at the
game when Green came in. Heard him
ask for drinks, which the dealer refused to
give him, saying that he would treat as
soon as he got checks enough. Green
asked for drinks again and Bell told him
he would treat when he got $3. There
were five playing. Drink checks were val
ued at 12l cents apiece. He did not think
there was a stack" of chips in the box
when Green was playing.
In answer to questions by Mr.. Hart
Dixon stated that drink checks had been
given out just before Green came in. They
were lille paste board checks on which
was printed the words, Good for one
drink at the bar" The dealer generally
treated whenever anyone wanted drink.
Green acted as if he was drunk, and the
dealer put him off BY telling him be would
treat when he got So When Green first
asked for a drink there was not more than
four or five checks in the dealers box. 1t
was not full at any time when Green asked
| for a drink, though it might have been
half full. The arrest was made as soon as
the dealer stated that he would treat when
he got $3.
The prosecution here rested their case
| and the defense put upon the stand William
Nj. Ellsworth, proprietor of the saloon. He
| testified that Bell was in his employ as bar
tender and dealer of hokey pokey when
weekly salary and had no other interest in
the game, which was conducted solely for
| the purpose of making business for the bar.
Checks were taken ont for each deal. pair
and call, and drink checks were issued
whenever enough had accumulated to give
each player one. The house received no
percentage or profit, except what came
| from the sale of drinks. The little V-shaped
box referred to held just one stack Of
chips" or one dollars worth OF white chips.
John Sayers testified that he was playing
at the game when Green came in. When
| Green first asked for q drink there were
only three chips" in the box. By the
| time he had lost all his - chips " the box
was about half full. Heard Bell tell him
that he would not give him any drink until
! he got three dollars, but it was said in a
laughing way, and just to put him off be-
| cause he was asking for drinks continually,
| an0 there had TO be stop put 10 it some
way. Green acted as if he was drunk.
| On cross. examination witness said he was
| a bartender, and had worked for Ellsworth
but quit week before the night Bell was
/ arrested.
| VIM. Walters testified that he was pres.
| ent and playing when Green came in. He
| thought at the time that he was drunk.
They had Just received drink checks before
Green came in. Ii was customary to give
! out drink checks when the box was full. II
anybody asked for check before he gener-
ally got it. The box was not full when
Green was playing.
w. Ii. Whittimore testified TO havine
played at the same game, and always get
ting drink checks. One night he had about
twenty-five drink checks when he quit
playing. They were afterwards redeemed
for cigars, as he wanted them.
The defendant, H A. Bell, then took the
stand in his own behalf, and testified thai
/
of $40 per week, and had no interest in tht
game. He always gave out drink checks
whenever enough chips were taken ou
to entitie the players To them. The game
was run the same on last Tuesday night
when Green was present, as at other times
| Would have given Green drink when hs
asked for it, but thought he was drunk ant
had enough. Told him he would not Civ.
him drink until he got So, simply to pu
him of.
Mr.. Hart closed the case for the defens.
by putting in evidence the paste-board sig.
referred to by witnesses as being on th,
wall. Besides giving the relative value 0
hands it contained these words: ITO paI
for drinks We take out one check each deal
and two for pair or call"
City Attorney Church argued the csse TO
the prosecution. The complaint was baset
upon Section $50 of the Penal Code, which
prohibited all banking and percentag,
games. He maintained that the evidenc
showed that the defendant had beer
arrested in the act of conducting percent
age game and ought to be held to answer
Mr.. Hart, who had contested every poin
in the case vigorously, made an elaborate
and exhaustive argument reviewing tht
testimony critically, and bringing out ever,
line of defense possible. He complimentet
the city on having brought to its aid gen
tleman who had zeal enough to seek ou
crime, and pursue il until il was punished
He did not blame Mr.. Green for doing q
he had done, in following out the instruc
tons of his superior officer. 1t was hi
duty to do so, but if he undertook to writ
) a book containing what he did not know
about hockey pokey. it would take hin
more than the balance of his lifetime t
: complete it. If he had known more of tn
game, as il was played at this saloon, b
: neyerwould have brought this action on sucl
flimsy testimony. The prosecution ha
made signal failure in presenting thei
proof. and their own witness, Mr.. Dixon
had shown that the game was not a pei
centage game but that drink tickets wer
! issued fer the checks taken out by tn
dealer. The sign on the wall announce
! that the checks were taken cut to pay fo
drinks and the evidence showed that th
game had always been conducted in th
; same way. Green had only been preseu
4 about eighteen minutes. Drink check
had been given out just before he entered
: according TO the testimony even OF the wi
: ness for the prosecution, and at no tim
; while Green was present was the ittl
check box full. There were five playins
h and it would take five bits worth of check
+, TO go around, and, according to the ey
dence of the witnesses, there was not tn,
amount of checks in the box when Gree
/ H. ~.