Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1893-05-25
THE Law WAS VIOLATED.


Judge Gable Finds That Pool Selling
Has Been Conducted in Violation OF
Both the Common Law and tho
Statute-The Proprietor and Em-
plOyes Fined-An Appeal Taken to
the Common Pleas Court.
In the city court yesterday morning Lon
Myers, the proprietor Of the Center street
pool room, was fined 800 and costs, and
the others, Emanuel Kern, William j.
Sheehan, George Lawton, Henry j. CLARK,
Emil Hersch, Charles Conyard and Pat,
rick J. Carroll, were fined $25 and costs.
Henry Frederick, another of the employees
of the place, is sick In New York, and his
case was continued until May 81. An APP
peal in each case was taken to the pext
term of the common pleas court under
bonds Of $500 in Myers case and 500 In
each other of the other cases. The bonds
were Furnished by Patrick F. Delaney,
saloon keeper, of 1885 State street.
Judge Cables decision finds that the
pool room has been carrying on an unlaw-
| full business and one in violation OF both
| statute 1869 and of the common law. As
noon AS INC Oecl6lOu WaS nAno0nooA
torney Blydenburgh, counsel for the de-
| PENDANTS, fled formal demurrers In the
cases of the clerks and attaches OF the
place, which were overruled.
The full text of Judge Cables decision
is a follows.
The court, in disposing of the demurrer
| in this case, found the complaint sufficient
| to Justify the issuing of the warrant. After
such finding the accused has chosen to con-
| test the facts according to the usual prac-
| tice, and 1t now becomes the duty of the
| court to consider the material questions of
fact arising from the evidence.
The information in this case contains six
counts, the first of which charges the &C.
cused with unlawfully keeping q place re-
sorted to for the purposes of gamings the
second with unlswfully keeping place re-
puted to be q gaming house; the third with
unlswfu|ly keeping place reputed to be a
gaming house, and place reserted to
and frequented for the purpose of
| gaming, and with unlawfully per-
hitting divers persons to there congregate,
money ; the Fourth with uniawfuy Keeping and
| managing place resorted to and frequented fol-
the purpose OF gaming, and which Is reputsa to
divers persons to come together for the purpose
Of gaming by betting divers sums of money on
the result Of divers horse races, and with unlaw
remain engaged in gaming BY betting diveri
FACES; the fftG with unlaWsuIiy Keeping ant
| managing place resorted to and frequented fol
the purposes Of gaming, and . place rsputed te
ness commonly known as "bookmakine" o.
| ''pool selling, :" and with selling pools on horst
the sixth with acs feepng
assisting and Carrying on and eonductins busi
Which ii "pool Selling and Dominating did coz
sist of betting and placing money on certai
The acts of the accused complained of il
counts /, 2, q, and are said to be violation Q
section 1850 Of the General Statutes, and thos
l complained of in count a violation of the stat
| ute and a misdemeanor at comman law, and tn
court u.s. therefore, called upon to consider tw
questions viz: the alleged offence under tn
statute, and the alleged msdemeanor at commo
law.
First, the alleged offence under the statut,
| The accused admits that he was keeping q room
| on Center street in this city, at the time mel
tione1 in the information, for the sale of poo
upon horse races, as set forth in the Information
but denies that the room was a gaming plac
| within the meaning Of the statute, and contend
that the statute only refers to places whel
| games of chance are played with cards, dice az
| other Instruments, with a view to win none
and that horse racing depends entirely upc
distance, and that pool is no game.
The state contests these claims and the pros
cution under the statute turns upon the meanir
of the word gaming used in section 1859 of Il
The word gaming has been used in our statut
over two hundred years aud has a well define
meaning In general gaming means conte
pursuant to a bet or wager to be determined l
the result (See WatermAn's Criminal DIge
| title, Gaming). The word gaming has a bro.
and comprehensive meaning, and almost nuI
berless Illustrations might be given showing tn
| the ordinary understanding Of the word includ
feats Of physical power and skill, but in cpini,
of the court it is immaterial whether the conts
was one Of skill or chance
The word gaming has we'll understood leg
meaning, and that meaning corresponds with
- historical and popular meaning, and any pers
keeping a room or other place and racing or 81
ing any money valuable thing on any event
contingency of a horse race is guilty of violati
| the statute.
The second, the offence at common law. The sta
\ l has introduced evidence showing that the
| cused kept place known as a common gami
house, place tending to bring together dis
| derby persons and to promote immortality. I
accused makes no denial.
The testimony of the officers in this case is &
elusive, and in the opinion of the court, If p
son keep or occupy a place with the requis
things to record bets, or ii person in fact d.
record bets, or if an occupant of the premil
knowingly permits the same to be used for thu
purposes, such acts are misdemeanors.
The accused 1s found guilty of the offent
charged in all the counts, and ordered to pay
fine Of 800 and COSTS