The record-union., 1895-09-18
GAMBLER BROWN PLAYED In LUCK.
He Stood Pat, Saved His 500 Ante,
and Was Acquitted.
Jurors With Strange Notions About
How Laws Should Be Enforced
Some of the Evidence.

George Brown. charged with gaming,
was acquitted by a jury in the Police
Court yesterday. 1t was alleged that ne
conducted dice game and that when
''threes" were thrown he took out a per-
centage.
Fifteen other gay gamboliers were ar
rested during the fair, when Brown was
arrested, and they each put up SlOO de-
post, but never called for it. Brown
stood pat, however, and is that much
ahead of the game.
A number of the talesmen said they
were in favor of licensing gambling.
but thought they could give the case a
tair hearinr, because they would not let
their opinions influence their Judgment
as to the quality OF the evidence. Others
were excused because they thought Brown
ought to be acquitted on general princl-
pies or because they were preludiced
against gambling, which might influence
their verdict
W. ii. Bradley said he had no particu-
lar fancy :or CANT bling. lie occasionally
made IL warm for gamblers, be said
when he was Captain OF Police. lie SAID
in the case against Brown he would be
favorable 10 the defendant because of Pc
cullar circumstances which he said eX-
listed during the tair. lie said all the
gam blers should have been treated alike.
Captain Bradley was excused.
+. ). Smith, the stable man, said that
notwiths landing the prosecution might
prove case against the defendant. he
would vote to acquit him. He was ex-
cused without argument.
Aiter the jury was completed and City
/ Attorney Brown made his opening state
ment, Officer Rutherford, who arrested
| Brown, testified that Brown was the
gam ekeeper, and that he took twenty i've
| GEMS out OF each pot.
Thomas McGuinness testified that he
had played at the game and won once or
twice. Brown took out twenty five cents,
which he said was McGuinness' next
! ante. Witness was under the Impression
that the defendant also shook the dice.
| y o percentage was taken out during the
time he was playing.
William 10th testified that Brown took
out twenty-five cents every time man
made winning, which went as the win
ner's portion OF the next stake.
City Attorney Brown asked 10th if he
! did not have an interest in the game.
This was objected TO by K. G. Hart,
| Browns attorney. on the ground that the
City Attorney had no right to cross-ex-
| anime his own witness, nor to attempt to
/ lfn peach Nun. hr. t1art requested the
court to inform 10th that he need not
answer the question, because if he an
swered it aftirmatively and it was proved
that the game was an illegal one, 10th
would incriminate himself.
Justice Davis SO instructed 10th, and
the latter declined to answer.
City Attorney Brown also asked 10th
if he was not capper for the game. This
question the witness also refused to
answer.
The prosecution announced its side of
the case closed, whereupon Mr.. Hart
asked the court TO advise the jury to ac-
quit the defendant on the ground that the
prosecution had failed to make out a case
against him.
City Attorney Brown said he would
! join Mr.. Hart in the request. He took
occasion to say that 10th, one of the wit
nesses for the prosecution, knew as much
about the game as the defendant himself.
| He also stated that he had little regard
for 10th and his testimony.
| Without leaving their seats the Jury
rendered verdict of not guilty. The
jurynen were: A. Schaden, w. j.
Hogan, NJ: 5. Halsey, Ii. Fassett, w. .
Caswell, A. Rodegerdts. Joseph Nc
Guire. William O'Brien, A j. Wilson, \.
Schwerkendek, NJ. Keegan and Peter
Newman.