Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-03-09
ONLY PLAYING FOR DRrNKs
But the Players Were Fined and So Was the
Proprietor.

Proprietor.
When the case of David Hoke. charged with
violating the Sunday Law. was called in the
Police Court today, the question Of the right
OF trial by jury was discussed and as the maxi
mum penalty is only go. the court decided
that the defendant WAS not entitled 10 a Jury
trial. Mr.. Cahill for the defendant was Of the
same opinion. Counsel said that under the proof
which the District might offer his client was
not liable In this case he said the license is in
the name Of another person and there has vet
been no transfer made. Under these circum-
stances the law, he thought. recognized the
person who holds the license as the proprietor
and The defendant is therefore not the respon-
sible person.
Judge Miller was Of the same opinion and SO
was Mr.. Dumont, the prosecuting officer. who
thereupon entered a nolle pros in the case.
ALLEGED VIOLATION OF THE GAMBLING LAW.
Mr.. Hoke was also charged with violating the
gambling law and his counsel said he would
waive a jury trial.
1t was about half-past O'Clock Sunday morn
ing, said Ofhcer Wagner. when he looked over
the transom and some colored men en-
gagged In a game of 'seyen-up." He heard some
one say forty cents, and saw money ON the
table. When witness entered with other
officers he found IS cents on the table
players scrambled for the door aud tried TO
hide the cards and money, bat the money was
scattered about the floor. The game continued
until nearly 4 O'Clock and the bartender was in
charge. Mr.. Hole was in bed at the time
Sergt- Barry gave similar testimony. and said
Mr.. Hoke told him that he gave orders to the
bartender to put the men out, but the latter
said he could not get them out
Policeman Hayden gave similar evidence.
WERE FLAMING For DRINKS.
William Hoke. nephew of the defendant, who
was bartender that night, testified that the men
were playing for drinks and not for money. He
did not see any money on the table. Witness
said that he locked the door at midnight, but
the men said they did not want to go out in the
rain: The colored men, he said, played for
drinks until II o'clock, and after that lac
thought they played for fun.
Six colored boys were called as witnesses for
the defense, and the first one said that As cents
DIR opped out of his pocket and one of the police
men picked it up. Mr.. Hoke, he said, told
them that after midnight they could play a $50
cable game. He also dropped some money
on the floor: The money, he said,
was change that he got before IL clock and he
kept it in his hand all the time he played cards
until nearly o'clock. None of them swore
that cards were played Tor drinks after IL
Gently came here from West Virginia and
bought this place. He said that he does not
permit card playing for money in his place
de said he retired before II O'Clock and told
the boy to treat the boys" and close up.
Mr.. Cahill said that If his client had sinned
he had done so more through ignorance than
design.
He seems to have pretty well understood
the business" remarked the court
The judge said he would give the defendant
the benefit OF his place being a new one. This
does not seem to have been much of a gambling
establishment. 1t is these places where bows
spend their money instead OF buying clothes, -
said the court. land am determined that they
shall be broken up. This was gambling on q
small scale
A fine Of SIS was imposed.
The SIX colored boys were fined IS each for
disorderly conduct.