Los Angeles daily herald., 1889-01-17

an officer could break in and stop the
game. This, however, is merely my
opinion and the Board will no doubt be
Governed nv what City Councillor Bell
h "A to say."
The court gave the jury the following
special instructions:
The court instructs the jury that al
though they may find from the evidence
that persons were playing cards Tor
money or its equivalent in the rooms oc-
cupied by Cave, and that the defendants
suspected or had reason to believe that
such was the fact, yet such fact or such
belief did not justify the defendants in
breaking down the door or causing it to
be broken down.
The court instructs the jury that if they
believe from the evidence that the de-
PENDANTS, within the meaning OF other in
structions herewith given, broke or in
iured was without warrant of law and
therefore wrongfully, and from the fact
that the act was wrongful the jury may
infer that it was done Intentionally and
wilfully.
The court instructs the jury that in
order to bring the defendants within the
statute it is not necessary to show that
they were actuated by malice or i'll will
against either Scott or his defendant,
Cave. 1t is sufficient to have shown
that the act complained of was done in
tentionally, wilfully, wrongfully. If the
act was done Intentionally, wiifully,
wrongfully, the jury may infer that it
was done maliciously.
The Court instructs the jury that the
uffense with which the defendants are
charged is q misdemeanor, ,and that all the
persons are principals in the commission
of a misdemeanor. Hence, if the jury
believe that the breaking of the door was
done either by the defendants them
selves or by their direction, or by some
one in their presence and with their ap-
proval, the defendants are to be re-
garded as having themselves committed
the act which is set forth in the COM
plant or information.
If the jury find from the evidence
within the meaning of other instructions
herewith given that on or about Septem-
ber II, 1888, at the city of St. Louis, the
defendants wilfully and maliciously broke
or injured q door of building No. 622
Olive street, of said city, then and there
being the property OF a person other
than said defendants, then the jury will
find the defendants guilty and assess
their punishment at imprisonment in
the Jail of this city not exceeding one
year, or by fine not exceeding $500, OF
by both such fine and imprisonment.
Chas. P. johnson, the author OF the
gambling law under which the st. Louis
police act, said in reference to the mat.
ter:
"Upquestionably the jury was right
There is no reason why an officer should
break in a mans door on the bare suspi
cion that felony is being committed. Il
there is evidence that felony is beine
committed, that is another thing, but the
detectives failed to make out their case
which shows they had no evidence. Be
sides, they didn't know whether there
was felony or a misdemeanor beinl
committed there. 1t is not felony tt
play poker, and when officers make /:
great noise and break in doors on accoun
Of game of poker they make create
nuisance in suppressing the game thai
the game was. The police used to Obtain
evidence against gam blers. They woule
station an officer where he could catcf
some one who had come down out of tn,
room, or they would put man in win
dow across the street where he could se,
them playing and with opera glasses tt
identify them, but now the detectives
seem to forget that evidence is neces
Sary -