The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-30
THESAFEWAS" CRACKED"
IN THE PRESENCE OF POLICE sU-
PERINTENDENT QUIGLEY.
Writ of ReDIevin Ignored by the PO-
ice-Verdict In the Criminal
COurt-DivOrces.

The raid Thursday night on Dan Smiths
gambling house over his saloon on North
Illinois street was the cause of a miniature
war and legal battle yesterday morning.
The scene was in the office of Police Super
intendent Quigley The superintendent had
possession of a small safe which was taken
from the gambling house. Smith and others
interested in the safe claimed they could not
open 1T and it was carted to the police sta
ton, the belief OF the police being that it
contained gambling paraphernalia- Yester-
day morning the superintendent sent for
charles Mcconnell, safe expert, and an
attempt was made to open it,
In the meantime Smith was not idle He
was as determined that the safe should not
be opened as the police were that it should
be opened He went to the office of Magis-
trate Nickerson and made affidavit that the
safe was being unlawfully held by Superin-
tendent Quigley and writ of replevin was
granted ana placed in the hands of Consta-
BILE Arthur Whittsell e. w. Little went on
Smiths bond
When Whitesell reached the office of the
superintendent of police the safe expert was
getting ready to force the lock- having
failed to work the combination. There had
been some delay. the superintendent not
knowing whether he had right to force the
safe or no., until advised by the city attor-
ney to open 1t by any means In his power
Whitesell read the writ and demanded the
safe and there was more delay. The city at
torney was again consulted and his advice
was to refuse to recognize the writ. Judge
Cox also gave this advice and the safe was
not surrendered. Whiteseli left and the safe
was opened. In it was found a complete
faro Layout" The spread" on which the
duplicates of the cards in a pack are
painted was folded up and lying in the bot
tom of the safe. In it were about a dozen
cards and two silver dollars. The faro box
and a rack of chips together with the
cases." markers and tabs were found. In
a cigar box were thirteen decks of ordinary
playing cards Another cigar box contained
1896. There was also loaded revolver and
a lot of dice. Everything went to corrobo-
rate the belief of the police who made the
raid that they had interrupted a faro game
and that the paraphernalia had been hastily
thrown into the safe. Part of the cards were
found in the layout and part in the box
showing that the police had arrived in the
midst of a deal.
The constable returned again after the
safe had been opened. He had been to the
office OF Magistrate Nickerson and had
been severely roasted" by that Individual
for failing to do his duty. The magistrate
held that writ of replevin must be served
and the goods must be seized by the con-
stable serving it, regardless of other claims.
The statute on the subject, he said, makes
it mandatory for the constable to deliver
the goods forthwith to the plaintiff" and
if the cor stable fails to do this he falls
short of doing his duty. Magistrate Ncker-
son said the bond was sufficient to cover
damages in such cases, and if the plaintiff
had no right to the possession of the
goods the bond would pay the damages.
The police, however, acted on the theory
that there could be no property rights III
gambling paraphernalia- The constable
found the safe empty when he returned and
it was offered to him. He laughed when he
saw the situation and declined to take the
empty safe.
e. w Little Smiths bondsman, later
went to Magistrate Clark and on the infor-
nation given a warrant was issued charg-
ing Charles Mcconnell with malicious tres
pass. Constable Frank Henninger went to
the police station and served it. He did not
take the safe expert into court, however,
Superintendent Quigley agreeing to be re-
sponsible for his appearance Wednesday
afternoon at 2 o'clock.
The cases against the men arrested
Thursday night were continued in Police
Court until Wednesday morning