Sacramento daily record-union., 1889-09-13
GAMBLERS ROUTED.
JUDGE BUCKLEY SAYS PooL-sELLING
IS PROHIBITED BY LAW.
A "Wheel-of-Fort Operator Cinched
and the booksellers
Arrested.
The battle still RACES.

TIC tmo CnuCh-a-luck men VINO were ar
rested on the Postoffice site. They all
voted him "brick" and thought every.
thing was clear sailing for them.
But, there's many slip twixt the CUP
and the lip" and the condition of affairs
bears quite different aspect now.
Dan Donovan was examined in the Po-
lice Court yesterday for conducting wheel.
of-fortune." The defense was not that he
was on Government ground at the time
but that the wheel was game not pro.
hibited by law, namely, banking or per.
centage game.
The gamblers thought Judge Buckley
would decide in their favor But he didn't
The defendant in this case" said his
Honor, "is charged with having conducted
banking game, as charged in the com
plant, to-wit: What is known as the
big Wheel or wheel off fortune The
testimony shows that the defendant did, as
charged in the complaint, conduct game
known as the 'wheel-of fortune The
question arises whether such a game is a
banking game, as described in Section 330
of the Penal Code. The Supreme Court has
decided in late case that banking game is
game conducted by one or more persons,
where there is fund against which every.
body has right to bet-the bank being
responsible for all the funds,
TAKING IN ALL THAT is WON
And paying out all that is lost The fnnd
which is provided for that purpose is pen.
orally called the bank and the person
who conducts it the banker. The testi-
mony OF the prosecution shows that such a
game was conducted. The defendant and
another witness in his behalf, testified that
the game might have been conducted with
out bank" and as a matter of fact was so
conducted. Their testimony shows. how
ever, that if the game was conducted with
out bank, or that when it is conducted
without bank, profit inures to the con-
duct OF the game, without any equivalent
being given on his part, save his time and
the privilege allowed to players to bet at
the game. II the game is such as has been
stated by the defendant, it seems to me that
it is clearly percentage game and prohib.
tied by Section $50, because percentage
game Is game where the conductor re-
celyes q consideration without giving any
equivalent save the privilege accorded to
those who may play at his game. am
satisfied from the testimony in this case
that in the game in question, as conducted
the bets of those who played at the game
as soon as lost, became the property of the
conductor of the game, it being discretion
ary with him as to how he should DISPOSE
OF the moneys so received. l am further
satisfied that the players at the game did
not play one against the other, but they all
played against the game, looking to the
conductor OF the game to pay them their
gains and pYnpotinn ~;
their losses to the conductor, and to no one
else. If such is fact, it is clearly bank
ing game
BoMBSHELL.
Judge Buckley stopped and took drink
OF water. Some of the disgusted gamblers
thought he had concluded and started to
leave. They halted at the door, though
when they heard his Honor's voice again
Being so satihed, resumed the Judee
1.-THE conclusion of the Court is that the
game as conducted was a banking game :.
and | am also further satisfied that if il was
conducted as the defendant stated. il was
clearly percentage game. l might say in
this connection that, from the testimony
introduced IN this case, my impression is
that pool selling is percentage game pro-
hibited by law, and book making is a
banking game prohibited by law. The de-
fendant is held to answer before the Su-
perior Court"
The faces of the green-cloth fraternity
were studies.
Gosh! J" exclaimed one, involuntarily;
they're sgoin' to starve US, sure"
THE CHIEF ACTS PROMPTLY.
Chief of Police Lee occupied seat in The
Courtroom during the trial of Donovan
and was an attentive listener to the Judges
decision. The moment the latter made bis
startling reference to pool selling, The Chief
bounded from his chair and hurried out of
the room TO his Office.
Upon reaching his sanctum the Chief
summoned officer Simmons to his side
Glancing at his watch and observing that
1t was about time for operations to begin at
the race track, he told the officer to hurry
out there, and, after calling to his assist
ance the detachment of officers on duty on
the track, 10 pounce upon the pool sellers.
The officer obeyed with alacrity.
Reaching the Park he looked up officers
Stafford, Crum and Ash, and the party
headed for the crowded pool-box
They demanded the surrender of the
pool sellers and OF the place, and prepared
to take possession. There was a wild
scene among the sports, and the action of
the police met with boisterous and noisy
disapproval from them.
Officer Simmons attempted TO take pos-
session of the pool sellers books, but was
resisted.
WARRANTS DEMANDED.
Killip and Whitehead, the chief pool
sellers, demanded an explanation from the
police, and also demanded the production
OF warrant before they would surrender.
The officers held a conference among
themselves and concluded that a warrant
was really necessary 10 prevent future COM
plications: One of their party departed for
the City Hall for the necessary warrant.
The pool sellers resumed operations i'm
mediately, and the sports cheered wildly.
believing that the police had been success
fully resisted. But Simmons soon re-
turned with the necessary warrants for
both Whitehead and killip, and the police
made a second attack. There was another
grand rumpus. and excitement ran high
Whitehead and Killip could do nothing
but submit, and the pool-box was closed up'
The proprietors accompanied the police TO
the Station house. Their bail was fixed at
$500 each and they promptly gave it and
lett for the track. Arriving at the race
course the pool-men Immediately re-opened
their establishment. Whitehead pulled off
his coat and mounting his rostrum shouted ::
It's all right boys " and announced that
pools would be sold as if nothing had han
pened. The crowd cheered Justify and the
coin began to jingle as the pools went out
on the second heat of the pacing race.
LAW AND ORDER LEAGUE RELENTLESS
Several members of the Law and Order
League called upon Chief Lee Yesterday
and asked if he would join them in send
ing dispatch to the Secretary of the Treas.
ury asking for information regarding XII
lip & Co.'S right to occupy the Postoffice
site at Seventh and X streets. The Chief
consented at once, and a dispatch was
promptly forwarded.
If reply is received to the effect that the
pool sellers have no legal right to occupy
the land, steps will at once be taken 10
have them ousted.
If everything turns out as the Law and
Order League says there will be a sorry lot
of fgsmblers making for the depot ere long
and probably still more striking out to
do the pedestrian act home.
ON THE RESERVATION.
An immense crowd gathered on the Gov
ernment lot last night, where killip e. Co.,
resumed pool-selling Most of the crowd
was there out of curiosity, anticipating ex-
citement of some kind before the evening
was over. 1t was whispered about that
United States Marshal Franks was on his
way from San Francisco to put the pool
sellers oil the lot There was considerable
foundation for the rumor. As a matter of