The record-union., 1893-06-28

ertheless, he thought he was at the game
and played. " VIC : ''Aii0
TWO QUIET HOURS.
w. ii: Bradley testified that on Mon
uay night he was upstairs for about Two
hours, and that while he was there no
game was running.
Inc prosecution here closed it's case.
TWO DEALERS ON THE STAND.
A. Z. Eandenberg was called by the de-
ieIise. tI1 lie sWore that at the former trial
Auulngton testified that he did not 600
any cards played or checks moved and
SIt IIiaU IL was before 10 o'clock that NIGHT
-.l'i naV was ms understanding of the testi-
hiohy. lie was at the time a defendant
GU GU paIu particular attention to the testi-
hloly. lie acknowledged that before
nU ana SINCE that time he had dealt faro for
Mr.. Ross.
George Hignett testified that at the
lormer trial he was one of the Defendants
uhtlI the District Attorney had the case
against MN dismissed He was sure that
Audlngton swore that it was before 10
O'Clock and that he saw no checks plaved
or money used, but was not Dosiiive
whether he swore that no cards ware
played or not He was dealin% hefore 10
clock that night, but did not know who
GeaII .l alter he quit dealing. When he got
Ihrough dealing be left the table and The
room. lie did not know whether Tiet-
JehS was there that night or not. or who
was III the lookout chair
DooRKEEPER o'BIuEN's STORY.
;. "llilam OBrien knew Charles Adj
dlngton. After 10 o'clock the ninbt Of
guhe 0th he was at the door of the Bank
II!:AcDahGe, ana was positive that Ad-
GiugIoH dlu not enter the door that NIGHT
ne was Kept on watch at the door leading
upstairs from the saloon under instruc7
lions 1rom Mr.. Ross not to let anv
ulsreputaOIe characters, drunk en- men or
nose VINO were armed 60 upstairs. and
was on duty there every night. He
could tell whether any one he was ac-
quainted with went up or not AdJin@-
Ton came there the night of the Stb. under
me t4e influence Of liquor, and he did not let
MN go up. He thought that Teitiaue
Went up on the night Of the 9th. but he
dld not think Simmons did. He was
Such q constant visitor that he could not
be positive.
THE CASE ARGUED.
This closed the case. and Attornev
Jones offered to submit the case without
any argument.
Dlstrlct Attorney Ryan thought it was
MS duty, as prosecuting officer. to nra-
sent The law under which the case was
Drought. All that was necessary. he
sad, was to show that the defendants
we're we're engaged IN playing faro. The
LC GIdllaeu. showed mainly
that Addlngton was there on the night of
tne oth, ana only the testimony of
~ brlen contradicts it. Teitiens also test
lleQ mat he was there and plaved that
hlght. There was no doubt that faro was
played there that night. The onlv testi-
Alohy lof the defense is that gf those con
nected with the game, and they admit il.
All the prosecution wished in this casa
was 10 have the jury do their duty. He
thought the case was clearly proved
T. - mart, for the defense, said that the
same degree OF proof was required to
convict III this case as would be reuuired
IN murder case or any other which
No WouIa lncarcerate man in State Prison.
Inc District Attorney, he said, is ALWAYS
jealous IN the discharge Of his duty. and
that was to try and convict.
he was sure, he said, that the iurv
When they considered the evidence. could
not possibly convict the defendants Tba
evidence of the prosecution was too
nlihsy TO be worthy of serious considera-
tion. u Z"
c. L. Jones, also for the defense road
the complaint which charged the defend-
anus WIN dealing faro on the 9th. The
jury had answered to the speakers oues-
tons that they would not convict the
4elehdants OF playing faro on any other
GATE, ana the court would Instruct them
not to. '-i0iiA
He charterized Addington,s evidence as
not worthy of belief, as it was contra
dlcted by other witnesses. AGdington
was not there that night. The testimony
OF the other witnesses did not prove that
faro was played by the defendants that
night, no matter whether they dealt it
at any other time or not.
If the Sheriff, said Mr.. Jones. wishes
10 convict the dealers, he can send re-
ilapie men to 20 and gather evidence nv
pelLs present themselves and SEEING faro
dealt '''' '0oiHs laIo
District Attorney Ryan, in CLOSING the
argument, said that with a watch at the
door OF gaming-house the Sheritfs Wit
hesses cannot get in. Those who play
are always unwilling witnesses. and will
not testify If they can help it. He re-
viewed the testimony again, and thought
the evidence clear. TO refuse to convict
Is TO say that the jury does not believe the
witnesses. SO long as the law stands as
IL now Is, 1t is the duty OF the jury TO sus-
tain the laW-it is not their duty to pass
upon Its justice or utility.
Justice Henry then gave the Jury the
usual instructions, and committed them
TO the care OF the Sheriff.
VERDICT OF NOT GUILTY,
The jury We're out less than ten minutes
when they sent word to the court that
they had agreed on a verdict. and on
coming into court handed in a verdict of
not guilty.