Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-11-15

TsE JUDGES CHARGE
IL took the jury in the case Of Police Officers
Sutherland and Grealy but nine niilutes last
evening 70 come to the conclusion that each OF
the accused officers were guilty, as charged, OF
promoting the game Of policy. The jury took
but one ballot. and one OF the jurors stated to a
SThH reporter that they had no difficulty in ar
irving NJ their verdict without hardly mo
msnt's consultation. lin our minds. said he.
''the evidence was 80 plain and convincing that
had rendered any other verdict we would
thereby have lost the confidence and respect of
our fellow citizens
After THx STARS repOr, closed yesterday
Harry Sears and J. T. Turpie, two ex-polcy
PLAYERS. were called By the defense TO discredit
the testimony Of Hcrbach. AZ the conclusion
Of their testimony sutherland took the stand.
SUTHERLAND on The STAND.
Satherirnd said that ne had never received a
cen, from either Horbach or King. directly or
indirectly. He said that on the eth of September
when hing svore he handed witness $40 at the
Baltimore and Potomac depot. be sutherland
never out Of sight Of his fellow officer. Geo.
". ROyd. Horbach. on one of these visits.
said 90 witness and Grealey that District Attor-
nev Cole not as straight rs they imagined
The cid firm did the largest business here. He
had visited Horbach at his ofTce his real estate
ONCE. To make n case. but although he felt
thst the policy business was going on IN the
building he could never get sufficient evidence
10 variant him in making move. witness
had also seen King in HOrbHchs Office ana
HoTbach had explained that il was King who
was furnishing Horbaeh with the money TO
carry on the lattsr's real estate snd loan DuSl-
ness. Witness had been So Constantly watched
BY the policy men that II was Impossible Tor
HIM Ia make move.
Witness asked concerning bride offered
last spring. May. by Cole and which he re-
fused, but the court, on objection of the gov
ernmeut ruled the question 10 be inlmnterlal.
Never positively knew that Horbach hinS
we're engaged in the policy business.
CONGRATULATIONS.
On REORGANIZATION by the district attorney.
witness said he never met Horbach with the
district attorney to consult on policy cases
after Cross and Hurley were convicted. Never
heard Horbach say last winter that he would
never again engage in business Visited Hor-
bach at his Office in the New Ork avenue rink
IN MAY lsst. Never knew Bowie until three
days after the raid on Horbaeh. when he met
him on the avenue. Never met hirI with Nose
Johnson on street. First suspiciOned that
BorOach h hing were in the business just be
fore thes moved into the Evans building. Had
seen Bowie and King enter the Evans building.
Gresley hsd told witness that policy going
CT IN the building. Had used Nose Johnson in
policy cases.
Why did YOU not use him to watch the
Evans building!
Jus, because had only employed him to
watch the people across the river"
he was a good man for the purpose, was he
not2''
Yes. sir"
And you were 90 busy in watching the peo-
pie across the river that you forgot Horbach
L King"
why did you not want Nose Johnson to
watch the Horbaeh concern
''Becau-e | did not trust him"
Why did You not report to your superior
officers the suspicion you entertained against
the Horbach hrml"
because wanted to be sure of il irst"
VAS WILL ACQUAINTED AMONG POLICY MEN.
Sutherland said he well acquainted among
the policy men. but did not know all Of them
personally. Had arrested few policy people
since June last. Did not arrest more because
he had become well known to the policy
people thai his efficiency was eflectuaiy
crippled.
why did you not report that ineificiency to
the chief of Poicel
because did not think it NV duty to
do So
Were you in my office about three weeks
before the raid
YES. SIR.
Dad vSu tell me that policy was quie. then!'
lhclt was Ltte u ~ gong on.
You did aOt mention 10 your suspicious
regarding the Horbach coneern:'
NO. slr.
why didn't you?"
because / wanted to be sure of il before
doing sny thing
You had used Frank Honestly"
YES. SIR.
''You could trust him.!
Yes. cir.
Then WIN did you not engage him to assist
you in the Horbach case:
''Gresley Wa using him for that purpose,
but couid not get no on the top floor
Why did yoa not &c, some one else to assist
you:''
Because il never occurred to me-"
Witness sa,d he knew Caullifower but would
not say that he had introduced him to King
shortly before the raid. Never told Caullifiower
that Nose johnson would give him a book
Heard that johnson bad given Caullifower -
package. Is never occurred 10 him that il
might have been policy book. Never asked
Witness admitted that he was in the district
attorneys Office shortly after the raid but de-
MED that he said that ii would be impossible to
convict them.
You knew tina, all their .paraphernalia had
been captured. did you not?'
Il Was told SO.
You knew that was enough. did you not?''
No. sir; thought YOU ought to have more
evidence than that
wei. thcy we're convicted in this court AZ
terward on that very evidence. were they not q
"ies. sir"
Policeman Weldon present when YOU
saw he two days after the rand was ne not q
.'Ies. sir
Did he not step your foot. or bv some
other -lsn warn Yea that you had said enough ~
NO. sir
Are you sure about that =
Yes. SIR"
ONLY vague SUSPICION
Redirect Witness had only a vague. indis-
hnet suspicion that HOrbach 4 Hing were
carving on the business. The fact that Uor-
bach seemed 10 have entire 10 the district at
torneys house and oifice did not deter him from
vigorously prosecuting Horbach Il King
Never promised Horbaeh protection in LAWYER
Ersak tio-s ot.ice
ke-eros- Had met Hortach in Gloss Office
once before the raid and once after the raid
Have no idea % what was talked about: Was in
Mr.. Gloss OfAce two DAYS after.
'.N hat talked about then"
y decline 10 answer unless compelled
Mr.. Cahi0 stating that Sutneriaud's reason
for declining 20 answer that he had been a
hearcr % "a consultation between Ho-b,ch ana
his attorney. NJ. Gloss. the district attorney
withdrew The question, and the court at 4 Is
toOs a recess until G 80.
HoRBscH KEcALLrp.
Al the evening session Mr. Horbseh WAS re-
called for further cross-examination. He said
h. IA