The evening times., 1896-09-10
FOURTH TINE II Goes OVER
Jackson Ci.y Case Postponed
Till Tuesday Next.
GAMBLERS SHARP MOVE
Capt. Mushback's Inability to BE
Present As Leading Counsel the
Cause of Continuance-Nelson ana
His Witnesses Were Ready for
Trial-The Comments of Citizens.

For the fourth time the trials of the Jack
son City Gamblers and policy players were
postponed today in Squire Lanes court
1t has been three weeks since John Z. Nel-
son swore out warrants for the arrest OF
some two dozens OF the gamblers. Four
times have dates been set for the trials to
come off, nd each time the defenda nts have
been successful in securing postponement
OF the cases.
itwas1 o O'Clock sharp this morning when
Squire Lane called court to order in his
.'down-town office" near Arlington juno
ton. The little room was crowded with
those who had come to witness and assist
In prosecuting the cases.
Nelson was on hand early with his wit
nesses, Buck" Auffutt, Ed. WhaIen, Mich
ael Ha ydcn, and several others
An attempt was made last night in
Alexandra to prevent Auffutt, who is
one of the principal witnesses, from being
present this morning in court.
Auffutt, who lives al Waterloo, bad gone
to Alexandria yesterday, and as soon as
he appeared on King street number
OF the gamblers secured an officer, who
arrested him as IA suspicious character,
and he was locked up.
DIS EtitdSt WIS l'ipAAhoSfih - az ''Oe''
leave the State. This he refused to do,
maintaining that be has for years been
"A resident ana voter of Alexandria county.
When that game would not work he was
finally released in time to be present at
the trial in Jackson City and to testify
had the cases been called.
THE CITIZENS LEAGUE.
The CitlzeBs' League, which is assisting
Nelson liz prosecuting the cases, was rep-
resented by President II. A. Whalen. Sec
retary Frank Lyons and Mr.. A. s. Doni-
phan. There were also fifty or more
oitizens OF Alexandria city and county who
had come to urge with their presence
that the cases against the la wbreakers be
pushed.
Squire Lane was attired in his Sunday
best with u long Prince Albert coat, shin
ing linen collar, and fashionable yandyke.
lie looked more like country parson than
dispenser of justice and equity. AT his
left sat Justice Pelham
AT one end of the table was Common
wealth. Attorney johnson and his assist.
ant Lemuel Marbury, who was appointec by
Gov. O'Fcrrall for the specific purpose of
prosecuting the cases against the gam
olers Mr. Marbury as charge of the cases,
and II S believed til 1T he is earnestly work
ing to secure conviction. The Citizens
League ana Nelson have decided that the
conduct o + the matter shall rest in his hands.
AT the Other end of the table was Law
ser Brent, OF Alexandria, representing the
gamblers.
AS soon as court convened Mr.. Brent rose
and asked FOR lust what had all along been
- t..
cases.
He prcsenteda typewritteu ffidavit made
by Capt. MGshtack, who is chief counsel for
| the gamblers, showing his inability to be
present.
The affidavit purported that Mushback is
a III ember of the board OF visitors of the
Deaf. Dumb and Blind institGt;. at S:aun-
ton, and as the BOARD holds a special meet
| ing today the attorney was 10. able to lie
| present Mt the trial. For this reason Mr..
| Brent pleaded that the trials be POST poned-
| He was successful, OF course. While the
prosecution s side was infuli attendance and
| ready to proceed, it was noticed at least
| one half OF the gamblers who had given an
| alleged bond to be present We're Concpic-
nous by their absence.
| FAILED TO ATTEND.
Mudd, who is supposed to he on Tail.
| and whose case was down as the first to
| be called was not in attendance. although
| there are two or three charges. against
| him.
| John Potter crossed over on the 10 O'Clock
| 5rain, but did not go near the courthouse
| Two charges stand against him.
The majority of the others Were also
| missing.
| Attorney Marbury consulted with Mr..
| Doniphan, of the Citizens League. and for
this he was called down" by Squire
Lane, who maintained he had no right to
advise with the. prosecutors.
| M. Marbury demonstrated against the
postponementt to the best of his ability, but
| to no avail A continuance was ordered
until next Tuesday at o O'Clock, when,
Lawyer Brent dec,a red, the defense would
1 certainly be prepared toanswer the charges
| II would like to have that affidavit as to
| The cause OF the continuance this time filed
| with the papers in the cases." said Mr.
| Marbury, and it was SO ordered.
| 1t was openly boasted among the gam
| blers that the cases had been set for to
day. knowing that Capt. Mushback would
| could thus be secured.
| Nelson declares their purpose is to Sc
cure delay long enough to get him and
l some of his witnesses against them out of
| the way to prevent the taking Of theil
| testimony.
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