Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-10-20
THE POLICY CASE.
Three Alleged Backers of Policy Are Tried
Today in the Police Court.

Prosecuting Attorney Mullowney this morn
ing filed new information in the policy case
and omitted the names of Moses johnson and
george Bowie. The persons charged were
James Z. Horbach, Edward King and William
Baldwin. The information charged the defend
ants with being hackers of the seductive game.
District Attorney Cole was in court to conduct
the prosecution and Mr.. Mullowney was pres
en- : o assist him
Before the jury was sworn Mr.. Smith made a
motion to quash the information. because he
asserted. it charged no offense known to the
law. He said he also desired to reserve the right
to plead that this court has no Jurisdiction in
the matter for trial.
Judge Miller read the charge set out In the
information, and after defining the law over
ruled the motion, and Mr. Smith noted an ex-
ception.
A plea of not guilty was entered
THE JURY.
The jurors were examined and Juror Denham
said he would be influenced by what he knew of
the policy business, although he had not formed
or expressed an opinion. He asked to be ex-
cused and his request was granted
EDWARD F. Huggin was called to fill the va
cancy.
The jury as completed was composed Of VIM
Pfeil, John F. Jayins, Frank Puglizi, Jos. z,
Williams. George Bennett, Henry Cromw well,
John Fl. Busher, Henry B. Hall, Enoch Beard,
". F: spransy, Edw. F. Higgins and Joseph C.
Burch.
THE CASE OPENED.
Mr.. Mullowney made the opening speech for
the government, telling the jury that the men
were charged with promoting the game of pol
icy. He expected to show that the marshal's
officers raided rooms in the Evans
building, using violence to gain &C
cess to the room. When they
entered the room they found King and Baldwin
standing near table. while Mr.. Horbach was
found crouched behind screen in the corner
He also expected to show that on the table
In the room were dozens of policy books
while in small coin there was about Sl2O.
In what Mr.. King said was his private
room he expected to show that there
was ink and rubber stamp ready to use in the
policy lottery. He further expected to show
how writers were sent out to gather in the
plays, and that the accused were at the table
making up the hit lists Having shown these
facts he would claim verdict.
Mr.. Smith said he understood that counsel
would be permitted to go no further in his
proof than he had in his opening. Admitting
everything, he saidl to be true, said Mr.. Smith.
he puts his case out of court.
Mr.. Gloss proceeded to state his side of the
case. He produced the warrant which he said
was against Horbach and it was sworn out by
Robert Miller, son of ex-Detective George O.
Miller, and it was warrant to take the man; it
was personal warrant, yet they not only took
the men charged, but they also took everything
in the rooms that they wanted
"We believe that behind this matter a con-
spiracy exists and that certain men are acting
behind 1t for no good purpose" said Mr..
Smith.
Mr.. Gloss, continuing, said he would show
that Messrs Price and Joyce. with Geo. c. Mil
Ter and Mr.. Smith of the Post Office Depart
ment went to the residence of Mr. King in the
Evans building and took possession OF every
thing In sight, having no warrant for Baldwin.
THE FIRST WITNESS.
Deputy Marshal Joyce was the first witness
called and he described the raid, telling about
breaking open the door to get in because those
inside refused to open it.
Witness said that the three defendants we're
in the room, where there was table and some
other furniture. In dne room there was a bed
and Mr.. King said that that was his private
apartment. Books, money and alleged policy
paraphernslia found in the room we're identi-
fed by witness. printing press, paper and
other articles were produced and witness said
he found them in a room OF building corner
9Th and streets, known as "Buzzard's Roost 4"
When the raid was made and witness entered
the room Messrs. King and Baldwin were
standing near the table and Mr.. Horbach was
| found crouched in a corner.
''1n the room, said witness, II also found
| what Is known as lottery or policy wheel,
which was boxed up"
The wheel was brought in and witness ex-
planned how there was a box around it,
Mr.. Horbach, said witness, claimed that the
wheel was his personal property and said that
he used it over the river
Witness was questioned about the money and
| papers found on the table.
When the witness turned over to counsel
| for the defendants Mr.. Gloss asked him what
warrants he had when he went to make the
raid. and he replied that he had warrants for
! Horbach and King; he found Baldwin
| there and arrested him. The warrants
were issued by Justice Bundy and they
were given TO witness by Capt. Leonard of the
marshal ; office. Witness saw Capt. Cole before
| the warrants were issued and he told him that
the warrants would be issued
Did you have a search warrant?"
| "No. sir
Ibid you break down the door,"
| The door was broken
| "Who broke lt?"
| George o. Miller
Were you under the directions Of George O..
Miller?'
| mo. sir
In conducting the investigation as to the
search counsel was told that the rooms were
earched: he did not hear Miller say. Break
open the trunk if they don't open them
{ Witness did. mot know whether George O.
Miller and his son were in the employ Of the
/ government or not. Mr.. Smith, who went
with him. post Office inspector.
Counsel questioned witness concerning the
stamps found in the raid. and witness said
that one OF them had the appearance Of never
having been used. The other made the follow
ing Impression:
P. NJ. Oct. 1, 1892.
f IS 719 8 g. II So IS 70 8 80 40 8