The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1896-09-26
CIRCUIT COURT.
The September Term Busy Session.
Action Against Gambling.

! Inc september term OF the Circuit Court
convened on Monday.
At the opening Of court Judge Frederick
Stump in his charge to the Grand Jury took
up the matter of gambling now being con-
! Quoted in Cecil county ut the race courses
operated bp Philadelphia syndicates, and
called the jury's attention to the races now in
progress at Iron Hill at which pools are sold
and books made. He read the act of 1894
| passed by the Maryland Legislature, which
forbds bookmaking, pool selling, etc., except
once Il year for thirty days ON tracks of
agricultural societies and driving parks. He
said that the law, in his opinion, was passed
for agricultural fairs and driving parks,
| Pimlico, Baltimore county as an example of
the latter. He said that under the act passed
bookmaking had been held for thirty days
in the fall of 1895 and in the spring of 1896
on the track Of the Cecil County Agricultural
Society of Elkton, and which was lawful.
| Afterward the association had applied for
incorporation and had been incorporated, its
stated purpose beng-''for the creation and
maintenance of exhibitions of trials Of speed
for the purpose of encouraging the breeding
OF a superior class of horses. nothing being
mentioned of poolselling or bookmaking.
Judge Stump stated to the Grand Jury that
while a strict construction of the act might
hold that the law was intended to apply to
| any track whether in existence when the act
was passed in 1894 or not yet in his opinion
If that construction were put upon it, the
effect would be to nullify the act of 1894, and
it would only be necessary for the racing
syndicates to build twelve tracks and have
racing and poolselling all the year round, as
though no such act existed. He did not ex-
press any opinion as to the proper con-
struction of the act but referred the matter
to the Grand Jury for action under the ad-
vice and discretion of the States Attorney.
Judge Stump referred to the several tracks
in the county those at Barksdale, Iron Hill,
and the tracks now being constructed at Iron
Hill and Singerly, and added that if tracks
continue to Reconstructed Cecil county would
be turned into perpetual gambling ground.
DOCKET CALLED.
When the civil docket was called forty
cases were marked for trial. Four cases were
ready for trial on the appeal docket, which
was taken up on Monday morning.
The first case called was Appeals No. 4.
John Whyte VS.. John Dougherty. Suit over
the ownership of a corn planter, tried before
Justice Gorden G. Sill, Risingsun. Appealed
by Whyte. 1t was tried before the Court, IA
verdict being rendered for appellee. W. s..
Evans council for appellant; Albert Constable
for appellee. Appellants witnesses, John
Whyte and Henry Gather; appellee's, John
Dougherty, C. NJ. Childs, William Culbertson
and Mrs. John Dougherty.
TUESDAY.
judges Russum and Stump.-The case OF
John Falls VS.. Samuel Gather was tried be-
fore a jury. Appeal from decision of Magis-
trate Caldwell, of Port Deposit; suit to re-
cover wages. A. L. Crothers, for appellant;
William S. Evans, for appellee's. Appellee's
witness, Samuel Gather; Appellants witnesses
Henry Barr, John Falls, Mrs. John Falls.
Verdict for appellant.
Case of Nathaniel Kildare vs.. Samuel J.
Hart. Appeal from decision Of Magistrate
Groves, of Eikton-suit for wages. H. NJ.
Mccullough, for Kildare, C. c. Crothers, for
Hart. Appellants witnesses, Nathaniel Kill
dare John N. Donald. Appelee's witnesses,
William Cooper, William Mosby. James j.
Hart. Tried before jury. Verdict for
appellee (HarD.
James Fitzerald native Of Ireland, and
William Zolper a native of Germany were
naturalized.
WEDNESDAY.
Judges Russum and StHmp.-The suit OF
the administrators of James A. Davis, decd
against the Tome Institute, of Port Deposit
was put on trial before a jury on Wednesday
morning. and will continue over several days
next week. The suit is to recover damages
and to fix the title for land in dispute upon
which the Institute buildings stands, the
Davis heirs claiming that it encroaches upon
their property.
William T.Warburton and Albert Constable
counsel for the plaintiffs; L. NJ. Haines, J
Wesley Falls and A. L. Crothers for the
defendant.
The Witnesses called for the plaintiff up tc
the time the WING went to press were
Powell F. Johns. Caroline Orr. Mary Ring
gold, Washington W. Davis, James N. Nc
Cullough, Henry Hall, Josiah Mcyey, John
Caswel, Tobias Bayard, Thomas Sullivan
Patrick Stokes, Thomas Delaney.
The following Jury was drawn in the case
Albert Strahorn, William l.. Gross, Samuel
W. Fitzgerald, Chas. S. Boulden, John
Dorsey, Andrew Schofleld, James w. John
son, Frank B. Howard Samuel d. Nc
Culough, Walter W. Allen, John w. Davis,
Jr., Edward T. Williams.
On Thursday Resse Delcorse, native OF
Italy, was naturaized.
On Wednesday witnesses in criminal cases
were discharged until Tuesday next.
BooK-MAKERs INDICTED.
The grand jury took up the matter of
gambling and on Thursday several witnesses
were examined. The jury returned three
true bills against the bookmakers two against
Thomas Dycer and one against William Stone
house, who were operating on the Iron Hill
| track. The charge is that on September IL