Evening star., 1897-03-23
MOTION OVERRULED
Case of Poker Playing in Hotel
Room.
Chief Justice bingham Denies a New
Trial to Miller and Colby
Sentence Postponed.

Chief Justice Bingham today overruled
the motion for a new trial made by Thos.
Miller and John c. s. Colby. who were con-
victed the 2Sth of last January in Grim
mai Court No. l of setting up a gaming
table IN room of the Hotel Regent last
october. Sentence was deferred until the
court had consulted District Attorney
Davis in the matter, Messrs. A. A. Lip
scomb and Percy Metzger, counsel for the
defendants, having asked the judge to sus-
pend sentence in view of the previous good
character of the men.
The testimony submitted on behalf of the
government tended to show that Colby,
tnen a Treasury Department clerk, but
since dismissed, rented room in the hotel:
that he was asleep in an adjoining room
when the place was raided by the police,
and that Miller was in charge at the time,
a game of poker being in progress. Upon
the conviction of the men Mr.. Lipscomb
entered a motion for new trial on behalf
of Miller, submitting in support OF II
among other things that the indictment, In
charging that the defendant set up and
kept certain house for the purpose OF
gaming and unlawfully permitted gambling
therein, charged them with three sepa-
rate and distinct orenses. No motion
for u trial was made on behalf OF
Colby until last week. many weeks after
the limit of four days allowed had eX-
Fired. District Attorney Davis refrained
from making objection TO the fatal
tardiness of the motion, but gave notice
that hereafter he will insist upon the point
in all other cases.
In Colbys motion for a new trial he
also submitted that the indictment was
fatally defective because 1t charged two
separate and distinct offenses. de also
stated that his attorney at the trial, Mr.
Thomas c. Taylor, did not allow him to
take the witness stand in his own be-
bolf hat CTS
when the molten was argued last week,
stating that Colby said he did not wish to
testify.
In overrullng the motion today Chief Jus
tice Bingham said that he was confident
that the mea had been given a fair trial.
Colby was not prevented by the court from
testifying, said the judge. and he could
not doubt that he had been given the up-
portunity to testify. Referring to the con-
tention that the indictment charged three
separate and distinct offenses, the chief
justice remarked that while it did allege
that the defendants set up and kept a Ger
tain house OF room Cor the purpose of
gaming, and permitted gambling therein,
yet the three allegations were but part of
the one offense of setting up a gaming
table. Furthermore, said the court, if any
one of the three allegations was sustained
the offense was complete.
Chief Justice Bingham stated that the
section of the law under which the indict-
ment Was drawn has never been finally
District, and he intimated that it would
be we'd to carry the case to the Court of
Appeals.
Assistant District Attorney Jerfords then
asked that the men be sentenced, when
MIR. Lipscomb asked the court to suspend
sentence during the good behavior of the
men. He said that their previous character
was excellent, and claimed that, admitting
the evidence submitted against them to be
true, they had done nothing more than en-
gage in social game Of poker. thing, he
remarked. which is carried on in about
every club house and in many homes in the
District The defendants are not criminals
said Mr.. Lipscomb, and he urged that they
should not be punished by imprisonment
when others, as he charged, are rnmolesied
through the ignorance silent acquies-
cence of the police authorities.
Chief Justice Bingham stated that the
penalty for the offense is Imprisonment for
not more than five years, and asked Mr..
Jeffords if suspension of sentence would
meet the approval of the government. Mr..
Jeffords explained that because of his ac-
quaintance with one of he defendants he
had not taken part IN their prosecution.
and he did not, therefore, care to say any
thing in the matter. Chief Justice l5ing-
ham then deferred sentence until after he
consults with District Attorney Davis the
men being released meantime on bail.