Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-12-27
POLICE COURT ADJOURNMENT.
Then the Grand Jury Reports and
Bench Warrants Secured.
THE RACE MEN SURPRISED.

rested at the Ivy City track yesterday
afternoon. as stated i'm The Star. The rac-
ing people present, who had apparently
been led to believe that the case would be
at once disposed of, and in favor OF the
arrested parties. were. however, for the
time being doomed to disappointment, for
at the request of the district attorney Judge
Miller postponed the hearing until his
afternoon.
Bookmaker Marvin and HIS three men,
attended by Betting Manager c. II. Prim-
rose and others Of the Ivy City manage
ment. were on hand long before court was
opened, at 1O:2O. and after one or two cases
had been disposed Of District Attorney
Birney entered with Messrs. Jere NJ. Wilson
and James Coleman. counsel for the Ivy
City people. Mr.. Birney called Judge Mil
ler's attention to the case. and explained
that it was the desire of counsel on both
sides that the case be continued until later
in the day. The district attorney stated
that no warrant had at that time been
sworn out against the arrested parties.
although one was then being prepared. The
continuance was asked that counsel might
have an opportunity Of examining the war
rant before proceeding with the hearing
on 1t. Counsel for the men acquiescing in
Mr.. Birney's statement, Judge Miller set
the hearing for 40 this afternoon, the
accused being continued Oh the bail given
yesterday afternoon until that time.
Mr.. Bfrney's Position.
After the court District Attorney Birney
stated to Star reporter that previous to
the hearing this afternoon he and the coun-
sci for the men would probably endeavor to
agree upon statement of facts, to be sub
mitted TO Judge Miller. He explained that
he was perfectly confident that Judge Miller
would hold the men for the action of the
grand jury. But. he stated, that If Judge
Miller should decide that he could not hold
the men. an Indictment would, nevertheless.
be quickly returned against them, and their
trial before the Criminal Court would fol-
low as soon as possible. i'm a few weeks
time. In no event, however, said Mr.. Bir-
ney. would he permit betting to be resumed
until the highest court had declared that no
prosecution would lie. As he had before ex-
planned. he was quite willing that the ques-
ton should be tested. and would do all
he could to advance the matter to a final de-
cision; but he wished it distinctly under
stood that during the pendency of the case he
would not only not agree to the resumption
but would also promptly arrest and indict
every person attempting to carry on betting
at any point on the track.
Before the Grand Jury.
After the recess had been taken Mr. Bir-
ney determined to ignore the Police Court
so far as this case was concerned, and pre-
vent possible complications. Accordingly
| he had Detective Carter go before the grand
jury and state the governments side of
| the case.
He described to the grand jury how the
horses We're run on the track yesterday
| and how Bookmaker Marvin and his as
sistants had received money in the shape
of bets on the race. He also told Of the
arrest.
Mr.. Taggart, the assistant prosecuting Of
hcer, drew the indictment, containing two
| counts, and at 80 o'clock the grand jury
| filed into Criminal Court. No. 1, Judge Cole
containing two counts which reads as fol-
lows:
The Indictment.
1.-The grand Jurors Of the United States of
America, in and for the District of Co.
lumbia aforesaid, upon their oath do pre-
sent:
THAT. on the Goth day Of December, in
the year of our Lord 1893. there was at
certain premises in the District aforesaid,
commonly known as and called the Ivy
City race track, a certain event or contest
commonly known as a horse race.
And the grand jurors aforesaid, upon
their oath aforesaid, do further present:
That on the said twenry-sixth day of De-
cember. in the year Of our Lord one thou
sand eight hundred and ninety-three and
at the District aforesaid, and at the prem
ises aforesaid, one George b. Marvin, one
Otto Townsend one Edward G. Smith and
one Bert c. Claypole, all late of the District
aforesaid, did then and there set up and
keep a certain gaming table and gambling
device adapted, devised and designed for
the purpose OF playing game Of chance
for money, in connection with the event
and contest aforesaid known as q horse race
as aforesaid. to wit: The game, device and
contrivance called bookmak;ng on the event
and contest aforesaid known as a horse race
| aforesaid, against the form Of the statute
in ,,otS No6A l1xl
against the peace and government of the
said United States"
Second count: And the grand Jurors
aforesaid upon their oath aforesaid. do fur
ther present: That the aforesaid George b.
Marvin, the aforesaid Otto Townsend, the
aforesaid Edward c. Smith and the afore-
said Bert &. Claypoole. did on the aforesaid
twenty-sixth day of December. in the year
of our Lord one thousand eight hundred and
ninety-three, and at the District aforesaid
and at the premises aforesaid, commonly
known as and called the Ivy City race
track, as aforesaid induce entice and per-
init divers persons, whose names are to the
grand jurors aforesaid unknown, to bet and
play for divers sums of money at and upon
the gaming table and gambling device afore-
said, in the first count of this presentment
mentioned, against the form of the statute
in such case made and provided, and against
the peace and government Of the said
United States"
Bench Warrants.
When the indictment had been returned
Mr.. Birney, who was in court, made known
his desire to have bench warrants issued
for the parties mentioned in the indict-
ment The warrants were issued and placed
in the hands Of the marshal.
They Were Surprised.
Although 2:3O o'clock was the hour set
for the hearing in the Police Court, Law
yers Jere Wilson and James Coleman, coun-
sci for the race men, were in court half-an-
hour before that time. Mr.. Engeman and
the parties under indictment also appear
ed. Counsel for the race men expressed
surprise when they heard that their clients
had been indicted. Mr.. Coleman was con-
fident that a hearing in the Police Court
would have determined the legal points in
their favor, so that the racing could have
been carried on.
Now he thinks the case will be continued
from time to time on the plea that the jail
cases must be tried before the cases of those
who are out on bail.
Police Case NOlle Pressed.
Mr.. Jeffo-ds entered the Police Court at
2:3O O'Clock as the representative Of the
government. and Judge Miller asked IL the
prosecuting officers were ready for trial
J Mr.. Jeffords said that the men had been