The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1895-01-14
FIFTH ED|Tl0|II


4 -
Jacobs and Smith ON TrIsy.
Before Judge Ball In the Muri sinai
Court this morning the charge nkHlnst
Edward Wardell was dismissed. He uns
charged with assault With intent to com.
!, NIT murder on Bertha Pryor, colored, on
| December 70 1904.
She testified that on that night he was
sitting beside her with revolver IL Ills
hand which was ACCIDENTALLY dischareod
and the ball passed through her wrist and
| lodged In her abdomen.
Churles PtRtesi was CHARGED with the
VIC alton OF city ordinance by placing q
stand on the pavement at Fourth and
| King stteets more than four feet from
| the building line. The case was dismissed
by consent between the State aud the de-
| PENDANT.
H. T. RevIns was The first witness az
amlned In the caso where Harry Jacobs
and j. pnsey Smith we're charged with
having kept gaming table at the rooms
| of The Bayard Legion. OFT Shipley street.
lie testified that he was q member but
never paid initiation fse Ok dues, He
played Beven.up and poker.
He bought chips ut o. 10 and 60 cent?
each. After the jackpot, was made M
Jacobs or Smith would take out two chipa
which according to sign went for the
benefit OF the Legion. He bought ohips
from Jacobs and Smith. Drlnks and
cigars were furnished to the players.
In eross-examinatlun he said that he
understood Jacobs was an officer OF the
Legion which was chastered by the Legts.
lature.
Jonn CaId we'll gave similar testimony.
except that Claude Hildenman was there
at times. Like the fret Witness he couid
not say what the game was worth an hour
to the houee.
Frank SEWER depoaed that he was treas.
urer OF the Legion end had taken chips
out of the pot The steward was to a.
tend to the financial Affairs OF the gamer;
and turn over the reoeipts to the trustees,
lie received no SALARY as steward. His /,
book did not show any receipts from Ja ..
cobs OF Smith. The receipts came frome
the financial secretary. The board OFF
trustees had keys 10 the sideboard audi
would give some OF the good things
therefrom. IN
Waiter Mcviiley was the financial ssc4
rotary and asked no Questions of theb
trustees from what source the moneyi
came. There are about l2j members rs Of
whom pay dues.
Joseph HinRer, one Of the trustees, tes.
tilted that he had taken charge OF the card
room in the absence Of Jacobs or Smith, \
John BlGRs said that the City Solicitor
was trying to fish around and connect the
Bayard Legion.
City solicitor denied the assertion He
wanted to prove by the witness did no re-
ceive any money from tho defendants.
The witness never inquired VIII re tho
money came from which was received
from jacobs. Ho had no reason to cup
pose that either men receiyed any Of the
receipts. r.
WIN. P. More'aud testified that 1t was,
not obligatory ON Jacobs TO be there ALI,
the time.
Harry White supposed that all toll went
for tile Legion.
Charles Sullivan, another contributing
member. played cards and the toll was
taken out by jacobs and Smith. He had
no reason to believe that either OF tue
men received anything from the receipts
Ohld Outen had been at tile club rooms
ana played poker and saw tho sign.
The Stale here rested aud John BiRge,
who represented the defendants said that
it had been decided In this State that TO
be guilty Of violation OF an act OF the
Legislature IL must DO shown that the de-
fendants were recipients OF share OF tho
receipts. His Understanding OF the law
was that thoy must share In the tolls
in order to he guilty OF Eeeping or exhi
biting gaming table. ~
There IL not particle OF evidence to
prove that either OF the defendants ever
received q share OF the profits OF the
games but that 1t won't to the I5ayard Le-a
glon. lie therefore asked that the case be
dismissed.
slider that they as officers of an incorpUr.
ated club OF the State did not receive
share of the profits and Mr. Blggs replied
that ne did not believe 80. for 1t was
mere ministerial act Tor which Jney never Il
received u cont an1 II tho court be.
iievcd the law was violated IL should not
he laid ut the door of these Two men.
The city solicitor said that the case rest
ed on the point that the defendants were
int erssted IN tho games and receipts. He
qGoted Judge Cullcn's charge To the jury .
IN the Fountain case. R
Jacobs shared in the profits ae being
mcmher OF the club. lie asked that the
defence produce its sido.
MIR. BiggB did not believe that the law
was intended Ia such u onse.
The Court felt that number OF men
could sorn n cub ami carry on gambling
by lis officers without any one being
iabie Tor the VOCATION OF the statue.
Mr. l;iEgs considered that the statue
must he construed strictly and the men
should notUe held guilt until they TO-
ceivrd Il share OF the profits.
Tho court did not know OF
broader statute for II took In every one.
The court could not ugrea with the attor
ney FOR the defense. The parties in thls
ease represented the club. Toe men were
held III 800 bail each for the upper court.
Si2 90 all wool suits made to order. re
iucgI from $500. sos Market street.