Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-01-17
HELD ON GAMBLING CHARGES.
Hearing of Harry Jacobs and j. Pussy
Smith in Municipal Court ON Monday
--Held in Rail for tho unner nnnrt.

hhtstih~ W. DACUDs ana tuSNN
Smith in Municipal Court on Monday
--Heid in Bail for tho Upper Court.
Harry Jacobs and J. Pusey Smith were
placed on trial in municipal court, on
Monday, charged with Excepting or ex-
hibiting gaming table, at No. 81 Ship
ley street, where the Bayard Lesion's
headquarters are located, at which cards
were played for money.
John Biggs represented the accused and
City Solicitor Elliott the prosecution.
NJ. !. Bevins was the first witness called.
Hc said he was in the rooms Of the Bayard
Legion December 10Th. He saw Jacobs
and Smith there. The witness had seen
members of the club play casino, seven.up
and poker. He. had bought chips from
Jacobs and Smith. They were the stewards
of the club. The members usually played
with jack-pots The ante was five cents
with e5.cent limit. Two five.cent chips
were taken from every Jackpot as toll
and went towards the expenses of the club.
If any Of the players wanted anything to
drink or smoke Jacobs or Smith procured
it from the sideboard. There was sign
on the wall which read: AL tolls for the
benefit Of the club
"How long does it take to play an ordi-
nary game Of puker?' Mr.. Elliott asked
the witness.
Judge Ball-"Oh, that depends altogether
upon who is playing and what kind of a
hand person has &c. man might bluff
another one for nearly an hour il they
had money enough" The witness said that
only Jacobs and Smith cashed the chips
for the players.
Mr. Biggs--"Don't yon know as matter
of fact that the Bayard Legion is n corpor.
alton chartered by an uct of the General
Assembly and that Smith and Jacobs were
| officers of this association 81
Witness-"Ses sir. ...
Mr.. Biggs--"And all tolls went to the
Bayard Legion and for no other purpose"
The witness said that the money was de-
| voted to the expenses of the club.
John Caldwell said he had not been to
the club rooms for two or three months,
He had seen poker PLAYED with chips and
had been in the game himself. The white
chips were cents and the blue ones -
| cents. The witness had seen Jacobs and
Claude Hildemnn take chips from the
| pot" and understood thatthe'toll" was to
| go towards defraying the clubs expenses.
Frank Sewer said lie was treasurer of
| the Legion and knew Jacobs and smith.
II was their duty to attend to the draw
board" and take out tolls for expenses
cigars and liquors. They also redeemed
chips. They are appointed every six
| months rs stewards and get no salary.
The. witness did not know what the
receipts amounted to.
On cross-examination the witness told
| Mr.. BgSs that tolls" were taken out for
| liquor and cigars; that Jacobs was The
steward and Smith his assistant. The
| stewards turned the money over to the
| financial secretary, who in turn gave it to
the treasurer. The money WAS never APP
| piled to any other purpose than the ex-
| penses of the club,
| Walter McEvilley said he was financial
| secretary of the club and turned over to
! the treasurer the money he got from
| jacobs and Smith. He said there were l25
members altogether, including . active
members who are up in their dues.
Joseph llinger, one OF the trustees of
the legion, said IL was the duty of Jacobs
and Smith to collect the moneys and make
regular payments saturday night.
| William ]. Moreland, president of the
| Legion, said he never saw any gambling
| going on i'll the rooms of the CLUB.
| Harry White and Charles sullivan gave
similar testimony.
The State here rested.
Mr., Riggs asked for the dismissal Of the
| defendants on the ground that the state
| had absolutely failed to prove that Jacobs
and smith received any benefit from the
! game. He said under no circumstances
could they be brought under the scope of
| the act providing u penalty for being con-
cerned i'll Il gaming table. The evidence
| was That they acted merely rs stewards for
the club and did not receive any benefits
from the game. There is not even prima
facie case against these men, MIR. Biggs
said. ..
In reply to this, Mr.. Elliott said that as
stewards of the club they were financially
| interested in the poker game.
Mr.. Biggs said they did not receive any
more benefits than other members, and If
Jacobs and Smith were gamblers every
member Of the club was equally guilty.
Judge Ball said the statute was very clear
IN regard TO keeping u gaming table: that
II the defendants were interested at all in
the game he held that they came within the
scope of the statute. He said he was com.
PEELED to hold the defendants for the grand
jury. Bal in the sum Of ii 900 was asked
md al,