Evening journal., 1895-01-14
HELD FOR GRAND JURY.
Jacobs and Smith Will Have
to Explain Their Card Room,
AND WHERE THE PROFITS WENT
Case OF Violation Of the Market ordi-
nance Satisfactorily ArranKsd-The
Shooting of Bertha Pryor Proved to BE
an AooIdeRt-wsrdelI Discharged.


The dock in Municipal Court was
empty this morning when Judge Ball
ordered the crier TO open the scale box
and adjust the bandsges on Justices
eyes
Charles Pratesi, an italian fruit mer-
chant. was hailed before the cadi on
charge OF violating the city ordinance
relative to public markets, by having
his stand on the corner OF Fourth and
King streets, which infrInged on the
sidewalk. Ex Attorney General Biggs
asked for a continuance TIL next Mon
day and when asked why so
long q continuance was desired, said,
with q wave OF his hand towards the
city solicitor: II suppose the lchancellor
will be busy this week lnaugurating a
governor and selecting senator. The
request Was granted, but later, ON being
informed that a satisfactory arrange
ment had been made between the clerk
Of the market ard. defendant, which
would PR clude reoccurrence, the case
was dismissed
Bertha Pryor the young colored girl
who Eas shot December 90 by Edward
Wardell, Was In court and WAS placed on
the stand in the case Of Edward Wardell
charged with assault with intent to com
init murder She said that WArdsll was
sitting beside hsr In q room, her, sister
ana brother being present. He was
showing his revolver, when 1t was acci.
dentAlly discharged, wounding her ia the
wrist, arm and stomach. They were
good friends.
DIR Doane said ba attended lthe girl at
the call Of Wadell. She told him that
1t was an accident.
The prisoner was discharged with q
caution from Judge Ball to be careful
hereafter when handling weapons.
The famous gambling case. in which
Harry Jacobs and Pussy Smith we're the
defendants, was heard. John Biggs act.
\ ing as counsel. number OF witnessed
we're examined, among them the presi-
| dent, treasurer, financial secretary and
oRe of the trustees, all of whom swors
that neither of the defendants received
any compensation In fact paid dues il
addition to giving their services as stew
ard and assistant steward gratis Games
of poker were played with the chips
valued at five cents and q quarter, tn.
tolls going to the Legion. Ths gamel
were open only to members of the club
and such friends as they might see ht K
invite
Mr. Biggs argued that under the lag
only those who draw an interest out o
the game are liable. The Legion ma mes
those officers and defined their duties
and II there had been any infraotion 0
the Law Ii rested with others than tn
defendants he asked for a dismissa
Of the case, quoting the Fountain cas-
aud other decisions in substantiation o
bis argument II they are guilty, sai
he, then 1t must follow that all the othe
active members of the Legion are guilty
because they are sharers in interest fror
the games They received just as muc
benefit IS these two. There is no evidsnc
to show that any profit accrued from tn
games over and above the cost OF drink
served, and II there were, there is N
testimony to show that these profits ar
not now 10 the treasury
Judge Ball said the statute was mad
broad enough TO cover all violations Q
the gambling laws He did not agre
with Mr. Biggs that all the member
we're jointly liable The defendant
were recognized officers, whose duty
was to conduct this card room and RI
the games and consequently representa-
the club he held them both in $ 0C
bail for the grand jury.