Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-05-03
RACE TRACK CASES
Bennington Successfully Puts in a
Plea of Misnomer.
WAS NOT KNOWN As MERWIN
viii Be Again Indicted Under Hi:
True Name.
OTHER CASES POSTPONED

+ District Attorney Birney this morning
called up the Ivy City gambling cases in
Criminal Court No. 2. Judge McComas.
He stated that he proposed first trying the
case against George B. Marvin. Otto Town
send. Edward C. Smith and Bert C. Clay
poole bookmakers, indicted for violating
the act of 1883, in conducting bookmaking
at the Ivy City race track last Decembe-.
Messrs. Jere NJ Wilson and James Cole
man, representing the indicted parties.
moved that the case against President Geo.
H. Engeman, indicted for violating the
same act, in permitting gambling to be
carried on at the track, be first tried.
Judge McComas decided, however, that
the matter was one in the discretion of the
District attorney, and refused to direct that
Engemans case be first tried
Mr.. Coleman then moved that the indict-
ment against Marvin and his three men be
quashed, for the reason that there was no
such person named as George b. Marvin.
The man supposed to be Marvin was IN
reality, John Newton Bennington, and the
name of Bennington did not appear in the
Indictment. AS Marvin was indicted joint
ly with the other three men, the indictment,
MI. Coleman contended, should also be
quashed as to them.
Too Late to Plead Misnomer.
Mr.. Birney stated that he was under the
impression that Marvin, alias Bennington,
had plead to the indictment under the name
of Marvin, and. therefore, it was now too
late to plead a misnomer.
Mr.. Coleman said that the men had never
been arraigned. They had moved to quash.
and that was ALL He thereupon requested
the clerk to read the record in the case,
when Ii transpired that he was correct.
Bennington then made an affidavit to the
effect that his name was Newton Benning
ton, and that previous to the finding of the
Indictment he had never been known as
Geo. b. Marvin. plea of misnomer was
then filed, praying that the indictment be
Quashed.
The district attorney thereupon moved to
strike the plea from the records of the
court, contending that Bennington had, up
| to the present time, answered to the indict-
| ment as Geo. b. Marvin and that it was,
| therefore, too late to enter a plea in abate-
ment.
| Judge McComas then directed that the
| four men be arraigned, when counsel for
the men objected to that being done until
the plea In abatement had been disposed of.
The objection was overruled. an exception
| being noted. Townsend and Claypoole plead
| not guilty, and Ewd. c. Smith. a resident
| of this city, not appearing, his bail of 81, 900
was declared forfeited, and bench warrant
| issued for his arrest.
Jury Sworn.
Judge McComas then directed that jury
| be sworn to try the question of whether
Bennington had ever given or had been
| known by the name of Geo. b. Marvin.
The jury was sworn, when District Attor-
ney Birney explained to them that they
were not to pass upon the guilt inno-
cence of Bennington, but merely to try the
issue presented by the plea of misnomer
The manager of the Ivy City betting ring
and Bert e. Claypoole, one OF the defend
| ants, testified that they had never known
Bennington to be called Marvin Benning-
| ton also took the stand, testifying that his
| name was John Newton Bennington He
said that on the way to the police station
| the day OF his arrest he told Detective Car
| ter that his name was Marvin. He gave
that name because he did not wish his real
name to be known in connection with rae
ing matters. At the station a newspaper
man, a Star reporter, asked him his initials
and he gave them as Geo. b. He also said
| that he gave that name in the courts Mr.
| X. w. Dutton. Star reporter, was the last
| witness called by the defense He said that
at the time OF the arrest OF the men he was
| told that Marvin's name was Remington
| The answer was ruled out. and the witness
was not allowed to state that he had writ
ten OF Marvin as Bennington. To District
Attorney Birney the witness stated that he
had heard Bennington state to the clerk of
the court that his name was Geo b. Mar
win.
District Attorney Birney called Detective
carter and Clerk n. Carroll Downs Of Grim
maj Court No. l. who stated that Benning-
ton had answered to the name of Geo n
MARVIN. This concluded the Testimony and
recess was taken at l2:I0 until l O'Clock
Verdict for Bennington,
After recess the matter was briefly ar
| gued before the jury, and then Judge Nc
Comas instructed the jury. He stated that
! the case was very novel one the trial in
question being one of abatement on a plea
OF misnomer. That is, the only question for
the jury to decide was whether or not BEN
nington had been known by the name of
Geo. b. Marvin.
The court told the jury that a verdict in
favor or Bennington would not prevent
ms trial under his true name, and he there
dence verdict for the defendant was ms
titled. A verdict to that effect was re-
turned without the jury leaving their seats
and bennington, alias Marvin, was there
fore discharged from custody.
To he Indicted Under His True Name
District Attorney Birney then explained
that Bennington would be at once indicted
under his true name, and therefore asked
that the remaining cases go over until that
could be done
Mr.. Coleman objected, claiming that the
case or Engeman should at once be taken
up.
Judge McComas, however, decided that
the convenience of the district attorney
should be considered, and after a con-
ference between counsel, II was agreed
them, probably in two or three weeks time,
for the trial.
Bennington renewed his bail and Edw
Z. Smith, having been arrested on a bench
warrant, was released upon payment of
costs of attachment.