The record-union., 1893-06-28
GAMBSTBRS ACQUITTED.
The Jury Were Only Ten Minutes
Settling the Question.
Lawyer Jones Declares the Complaint
to Have Been Made on
Illegal Grounds.


| Illegal Grounds.
The second trial of Ed Skunk and
James HOlsapple on charges of gaming,
preferred by Sheriff O'Neil, was held
! yesterday before Justice Henry. Owing
to the large number of talesmen on hand
and the interest taken in the case, the
/ trial was held in the courtroom OF
Department Two Of the Superior Court.
| The Sheriff was represented in the prose-
cution by District Attorney Ryan and the
defendants by {. T. Jones and Senator
E. c. Hart.
! Ihe defense sprung new issue in the
case as soon as the proceedings were
| opened. Mr.. Jones called Sheriff ON ell
to the stand and examined him at some
length relative to his knowledge Of the
| gaming in which the defendants are
alleged to have been implicated The
! fact was ELECTED that the Sheriff was not
| himself present when a game was in
| progress, and that the complaint was
| based on information and belief"
THE COMPLAINT ATTACKED.
| Mr.. Jones then asked for the dismissal
OF the case, on the ground that the com
! plant was not positively sworn to by the
| Sheriff, but merely upon information and
! belief. He quoted from decision of the
| Supreme Court 10 the effect that person
could not be prosecuted tor a misde-
meanor upon mere rumOrs. If Sheriff
| o n ell was not present and did not have
| personal knowledge that msdemeanor
had been committed, Mr.. Jones held that
| he had no authority to make the com
/ DlAnt ba roI I've
said, for mlsdemeanor on the mere
! say-sO of some person. Ii the accused
could be prosecuted under such a COM
plant as the one before the court, then
the statute had no meaning.
District Attorney Ryan argued that the
| law required the Sheriff TO prosecute any
! person whom he had reason to believe
had violated the law in respect to gam
| ing. If the Sheriff had exceeded his duty
| the defendents had their remedy at law
! by proceeding against him for illegal ar
rest.
! Mr.. Jones said the section of the code
! quoted by Mr.. Ryan applied when gam
ing was an indictable misdemeanor, but
now the law had been changed How
ever, even that law did not require the
Sheriff to arrest persons on information
and belief, but to diligently prosecute
those properly complained of. While
Sheriff O'Neil had acted conscientiously,
he had
| TECHNICALLY SWORN FALSELY
To the complaint, as he did not see any
violation of the law. In swearing to
such complaint the officer had laid him
self liable to criminal prosecution and
also for damages.
Mr.. Ryan said that if this were so, the
prosecuting officers violated the law daily
III prosecuting persons on information
and belief
Mr.. Jones asked permission to show
conclusively by the Sheriff that he had
no personal knowledge of the commits
sion of the crime charged.
Justice Henry said the complaint was
proper on its face. and he would deny the
motion to dismiss.
The examination of jurors was then
proceeded with, and the usual stereo-
typed questions were asked of them
whether or not they favored the enforce
ment of all laws; whether or not they
would convict gambler on general prin-
ciples' etc The jury, as accepted, con-
sisted Of ID. w. Carmichael, w. j, Has
sett, 5. Steiner, J. +. Gibson. Joseph
Ihieben, f. Renschler, S. Lavenson and
Herman Fisher, both sides agreeing to
have these eight citizens try the case.
WHAT ADDINGToN SAW.
District Attorney Ryan made his OPEN
ing address to the jury, stating what he
expected to prove and called c. Z. Ad-
! dlngion to the stand, who described the
entrance to the Ross building and the ar
rangement of the rooms
lie said he had business with Shunlz
and went up to the room to see him.
! Skunk was iii the lookout chair and he
| thought HalsappIe was dealing. A faro
bank was running. but he paid no atten-
| ton to those who were there, as he sim
Ply Went up TO get change for so piece.
witness could not tell what dav Of the
week 1t was, but was sure it was the 9th
lie could not say that anybody PLAYED.
and dld not play himself, nor did he see
any money used or any checks nut on
the table or taken from it.
lie was positive that it was the 9th from
the memorandum which he made that
night with regard to it, but declined to
state what the memorandum was as II
concerned another party.
Mr.. Jones insisted on having the mann
orandum, but the witness finally stated
II was IN reference to party TO whom ne
lent money that night, but whose name
he did not wish to give.
ONE WHO TACKLED THE TIGER.
Albert Tietens testified that ne want
up to the room in the koss building On
the night OF the 9TH and was playing there
at the bank. There were other persons
there. He did not think that aitha-
Skunk or Halsapple dealt. Two men
called George and Van occupied the deal
er's and lookouts chairs. 1t was the tirst
day OF the races. He did not know who
else was there.
VETERAN SIMMONS KNEW THE PLACE.
d. ). simmons swore that there was q
faro bank upstairs in the Ross bnilding
and he had been there 1t was nearfv3
month since. He was not clear as ~
whether he was there on Monday nirbt
the 9th OF on Tuesday night the 9Th. He
went to see Mr.. Ross on some business
and went upstairs and played. He
thought he was there Tuesday night mi
circumstances made him have some
doubt on the subject. The night he was
there Skunk was dealing.
Witness said it must have been after -
On Monday night he was there and ras
tod that there was no game running
HIS wife IS positive, he stated, that he was
SICK on Tuesday night. on which his
Grand Army Post meets, and which
being Adiutant, he always attends. New,