Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-11-29

ID
assistants to the said attorney of the Unit ed
States, aforesaid, that one Samuel S.
Rowland, ore Jesse Brown one Samuel
Ross, one Clarence MeDowellr one Henry
&. Crickmore. one William s. Fosburgh one
William H Baretto, one Charles D, Mccoy.
and ore Mars Cassidy, AL late of the Dis
| trict aforesaid, on the twelfth day of No
vember in the year of our Lord one theus-
and eight hundred and ninety-eight and on
divers other days and times between that
cay and the day of fiiinS INSTRUMENTATION,
with force and arms. at the District afore-
said, and within the jurisdiction of this
court. in certain house. building and
premises, to wit, certa6; premises in the
District aforesaid. commonly known as and
called the Benning's Race Track at which
place there was carried on certain event
or contest called running race of horses
the said house. building and premises then
and there being In the possession and nm
der the control of the said Samuel s. How
! land. the said Jesse Brown, the said Samuel
Ross, the said Clarence Mcdowell. the
said Henry G. Criekmore the said William
S. Vosburgh, the said William H. Baretto.
the said Charles s. Mccoy, and the said
Mars Cassidy. did knowingly permit to be
set up and used certain gaming table, to
wit. a device for the purpose of wagine
money on the result of running race of
hi rises, and at which there was bet and
wagered money and other valuable things.
against the form OF the statute in such
case made and provided and against the
peace and government Of the said United
States.
'Whereupon the said attorney of tie
United States, who. IN this behalf prose-
cutes for the said United States In manner
and form as aforesaid prays the considera-
ton of the court here in the premises, and
that due proceedings may be had against
the said Samuel S. Rowland. the said Jesse
Brown, the said Samuel Ross. the said
Clarence Mcdowell. the said Henry G.
Crickmore, the said William S. Vosbureh.
the said William H.. Baretto the said
Charles D. Mccoy. and the said Mars Cas-
sidy. in this behalf. to make them answer
to the said United States touching and con-
corning the premises aforesaid.
Fourth Count.
And the said Henry E. Davis. esquire,
attorney of the said United States in and
for the District of Columbia, by the said
Daniel w. Baker. esquire. one of his as
sstants. comes here into court on the Jay
and year aforesaid, and at the District
aforesaid, and gives the court here further
to understand and be informed on the oath
Of enc Charles Stunt, made on the 10Th day
of November, in the year last aforesaid at
the District aforesaid, before the said
DAM w. Baker. esquire, one of the rs
sstants to the said attorney of the Urite,l
States, as aforesaid that one Samuel s.
Rowland one Jesse Brown one Samuel
Ross, one Clarence Mcdowell, one Henry
G. Crickmore one William S. Vosburg!l
one William II. Baretto, one Charles d.
Mccoy and one Mars Cassidy all late of
the District aforesaid on the 18th day of
November in the year of our Lord 1898
and on divers other days and times he
tween that day and the day of filing this
information. with force and arms, az the
District aforesaid, ana within the iurisdic-
ton of this court, in certain house build
ing and premises. the said house, building
and premises then and there being in the
possession and under The control of the
said Samuel S. Rowland, the said Jesse
Brown. the said Samuel Ross the said
Clarence Mcdowell, the said Henry G.
Crickmore. the said William S. Vosburgh.
the said William II. Baretto the said
Charles d. Mccoy and 1.-THE said Mars Cas-
sdy did knowingly permit to be set up ami
used certain place for thee purpose of
gaming, at which there were bet ard
wagered money and other things, against
the form of the statute in such case male
and provided against the peace and gov
eminent of the said United States.
''Whereupon, the said attorney of the
United States. who. in this behalf, prose-
cutCs for the said United States in manner
and form aforesaid prays the considera-
ton of the court in The premises and that
due proceedings may be had against the
said Clarence S. Rowland, the said Jesse
Brown, the said Samuel Ross the said
Clarence Mcdowell. the said Henry G.
Crickmore, the said William S. Vosburgh,
the said William II. BarcttO, the said
Charles D. Mccoy and the said Mars Cas-
sidy, in this behalf to make them answer
to the said United States touching and con-
corning the premises Aforesaid
This information was signed by "EIenry
Z. Davis, attorney of the United States in
and for the District Of Columbia, by Daniel
w Baker, his said assistant
Three Fail to Respond.
AT the suggestion of Mr.. Baker the de-
PENDANTS were called, and three of them
failed to respond. They were Henry G.
Crickmore, secretary Of the Jockey Club;
Mcdowell iI1pa w NOS-
bugh. Handicapped. These men, Mr.. Baker
stated, had not been served and he said
that warrants for them would have to be
sent out and they would have to be arrested
in the regular way.
The six defendants who answered waived
the reading Of the Information and
pleaded not guilty. The usual demand for
a jury trial was made and the defendants
were told TO be In court at o'clock.
New Pleas Entered.
When court convened at ] o'clock Attor-
ney A. s. Worthington appeared as counsel
in the case, associated with Mr.. Maddox,
for the defendants. He introduced Mr..
AnerDach, New York attorney, who he
said would also assist in the defense.
Mr.. Worthington said he was surprised to
lind the defendants had been arraigned, as
he had intended to enter plea to the juris-
diction, and also demurrer to the infor-
nation Judge kimball said this matter
&C uid De easily arranged, and Mr.. Worth
ington then filed his plea to the jurisdiction
of the court, which claimed that because
the judge had been appointed for term of
six years, and not during good behavior,
the court ought not take further cogniZance
of the case.
This the judge overruied and counsel
noted an exception. Judge Kimball said
this point had been passed upon by the
Supreme Court of the District
But not by the Supreme Court of the
United States. remarked Mr.. Worthington.
The point went up to the United States
Supreme Court, but the case at issue was
decided on other grounds
Demurrer to Information.
The demurrer to the information was then
filed. The first count is demurred to as
follows:
First. The defendants say that the first
count of the information in this case is
bad in substance. One of the matters of
law to be argued in support of the de-
murrer 10 the first count is that it is not
aVeTred that the defendants permitted
gaming table TO be set up and used for
the purpose of playing a game"
The second, third and fourth counts are
demurred to for the same reason. Fol-
lowing the fourth cOupf the paner ort.