The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-11-15
coornR GETS rwo YEARS

a 4
For attempting to Rsvi.h Little Es.i,
Grant-He VIII Also be whipped VIII
Twenty Lashes- Hearing tho Fauntais
Case.
Attorney Cooper began his afgu.
mept to the jury IN the Clarence Coop
or case when county court convened
yesterday afternoon. Deputy Attor.
ney.General Giles followed him In
short argument which he closed at
o'clock.
CHIEF Justice Lore then began his
charge. and closed at 3.07 O'Clock, and
tho Jury retired.
THE FOUNTAIN CASE.
A jury was then polled to try the
case OF tie State w. isaac Fountain,
coiored, charged on three counts for
gambling. Deputy Attorney General
Giles nolle prosecuted the third count
In the Indictment. The remaining two
counts were for knowingly maintain.
ing gaming table where stud aud
draw" poker were played. Walter
Hayes represented the prisoner.
The State opened It's case by calling
William ID. Miller to the stand. Mr..
Miller 10 n real estate agent and iden-
tied Fountain as the man who occu.
pied the room. MIR. Hayes objected
to the question. he contending that the
prosecution had abandoned the count
which contained the clause OF Foun.
tain Keeping the room for gaming
purposes. The court allowed the tes.
umony to go In.
The witness testified that Fountain
had come to his Office and induced
him to rent the room to one II. L.
Penniwell. The room was at e24
French street and the rent was $40 per
month. The property was owned by
There arose some further remarks
about the renting of the house and
the court ruled the testimony out
On cross-examination the witness
said he never saw Fountain play
there.
Clinton Buckley was the second
| witness called. He was a member of
o crowd OF young men who occupied
the room. The witness had seen aud
played Stud" and draw" poker In
the room for money. He had seen
Fountain play and he always won.
The ante was 10 cents with q 25 cent
limit. He had seen 10 cents on several
occasions given to Fountain to pay
Tor the gas. They paid him that
amount every time they played.
enid the money had been given to
Fountain simply because he was a
player. Mr. Giles then took tho wit
ness In hand and he replied that the
money was given to Fountain to pay
for light. n
Harvey L. Penniwell was mem.
Der OF the club. The witness rented
the room from MIR. Miller. On one
occasion, Fountain went with him.
The witness had seen both games of
poker played in the room. but he never
| took hand. On December ED, 1899,
the witness rented the room. He had
seen Fountain paid 10 cents from the
| pot to pay for the gas.
| Edwin Cooley was also member Of
the club. He said the understanding
was that they were to pay Fountain
10 cents for light whether they played
poker or not. Fountain indirectly
was also paid 10 cents for fuel. He
had never seen the ID cents paid to
Fountain but he Ind seen the 10 cents
given him. The witness did not know
TO whom the table belonged. Foun
tain had played with them. The prose.
cution then rested.
Mir. hayes ope ned his case by mo-
tioning that the indictments be
quashed on the ground that two dis
tinct charges had been drawn In one
count and neither had been proven.
Mr.. Hayes had Interrupted the wit
ness several times and insisted that
the indictment accused the defendant
OF keeping and exhibiting table on
which games OF chance were played.
Mr.. Hayes called tile attention Of
the court to II decision OF the late
Chief Justice Comegys to the effect
that where there is u oonjunctive con.
nection both charges will have to be
proved. Mir. Giles contendod that II
had been proved that Fountain did lie.
ceive money from the games. and IT.
did not make any difference what the
amount was, he was receiving profit
from the games.
John c. Green was also O member OF
the club. Fountain had been paid 10
cents nightly for gas. He had seer
draw nnd stud poker played in the
room. For the benefit OF the jurors
MIR. Giles asked the witness to explain
the game which he did.
Mr.. Hayes then rested.
Mr.. Oilee argued for five minutes
and was followed by another short ar
Rument by MIR. Hayes. Tho jury wal
then discharged until tomorrow
morning.
COOPER SENTENCED.
At $50 the Cooper jury returned
with a verdict OF guilty. The jur,
was then discharged. The prisoner
was sentenced to pay fine of $500, be
imprisoned for two years. to BIZ
whipped with 80 lashes and stand on,
hour In the plllory ON Saturday next
Court adjourned at 5 o'clock.
For cramps, palns cholic, diarrhpa
cholera and kidney diseases. headache
&c, use Or. Simms' Pain Searcher. l
relieves and curea at once. Depot 60
King street, Wilmington. Del.