Evening star., 1898-12-01

day of the meeting. Witness went on two
or three other occasions, but made no more
bets.
On one occasion he went out with war
rants for the arrest of a number of men
and saw Mr.. Howland. He explained to
President Rowland that he would make no
arrests but merely wanted his assurance
that the men charged would appear in
court. Witness said that President How
land accompanied him to the betting ring,
and, not being acquainted with all of the
defendants, Mr.. Howiand had Captain To-
bin of Pinkerton's force accompany him
in order to pick them out. He saw several
of the defendants on the track. Witness
lost So on the races. but he expects to get
reimbursed.
Cross-examined by Mr.. Worthington. wit
ness said he entered the track on ticket
bearing Inspector Mattingly's name. De-
tective Garter lad nothing to do with the
bets made by witness. He made no entries
for Detective Garter nor did he know of
bets made by the latter. When witness
went to the: track the first day he saw a
man named Vendig in the betting ring He
was not there WHEN he made later visits.
do you know what became Of him?" Mr.
Worthington asked.
Il understand he went broke" was what
witness answered.
Then he did the same as your"
Yes, sir: but a little worse"
The notice referred to as having been
posted on the track was produced and Of
fered in evidence. 1t reads:
Tool SellNS, pooKtnaklng ana every
kind of gambling devices arc prohibited on
these grounds. ~
by order executive committee, Washing
ton Jockey Club. - 80
This Mr.. Mul!owny said he would admit
is a copy of the notice mentioned by the
witness Jones.
Mr.. WOrthington's Motion.
After recess Mr.. Baker announced that
the government had closed its case.
Mr otn ha ;p,a
time to make a motion which would in
volve nearly all the questions of law that
will arise in the case. His claim was that
the government had failed to make out a
case. AS the argument of the case lie
thought, would occupy nearly all the after
noon, he suggested that the court might
discharge the jury until tomorrow. The
court excused both the jury and Witnesses
until tomorrow morning at IL O'Clock and
Mr.. Maddox opened the discussion on a
motion TO have the court take the case
from the jury. He started the discussion
By reading the section of law under which
the prosecution was brought.
He spoke OF the numerous pool rooms
that We're, opened in, this city prior to the
enactment of the law mentioned and said
there seemed to have been no legislation
to prevent it. After the passage of this
act, he said, the pool rooms were moved
beyond the boundary on 18th street, as well
as IN other sections. In 1891 another act
was passed TO meet this condition of af-
fairs, and this extended the area to one
mile from the city limit
This law, he argued. does not prohibit
betting outside the mile limit.
Certainly, he said, there is nothing in the
act to prevent the law officers and others
from betting and risking their money on
the races. The law, Mr.. Maddox said pro-
Vldes chat the defendant knowingly per
mitted certain things What was done on
the track, he said, was done openly and
al yx-uro tod to h<,F-
the defendants could prevent the men en-
gagged in betting from doing that which the
law prohibits The officers of the law could
nave stopped it had it been done in viola
ticn of law.
1t was not the duty of the defendants to
go there with a club and beat these men
off the track. If they We're betting and it
was violation of the law it was the duty
of the authorities to have stopped it.
The officer, Detective Carter. said Mr.
Maddox did exactly what he charged the
other men did. Counsel thought it was
rather difficult to tell just what the defend
ants are charged with having done.
Old System of Hookmakfns.
Counsel commented on the old system of
bookmaking that was carried on and said
that the defendants had no more means q
preventing a man from making several
bets than they had of preventing the max
ing of a single bet
liz" Sdii lHe ueleNQdHIS De convicted OF
knowingly permitting a thing when they
mad no means of preventing it?" asked
counsel Continuing. he said the only thing
which 1t is apparently claimed that the de-
fendants set up is a horse race, and he felt
certain that the prosecuting officers would
not claim that the race was gaming table.
Ihe three defendants whose names were
mentioned as stewards, argued Mr.. Mad
doX according to the proof, were appoint
ed by the Jockey club to see that the races
We're fairly run, and that penalties We're
imposed for violations of the rules. That
they had any authority over the grounds
was not shown.
These men were appointed by the Jockey
Club to act as stewards, but not because
of their connection with the Washington
Jockey Club.
In order for the defendants to be guilty,
he said, they must be shown to have been
In possession and control;
Judge Interrupts.
During the argument Judge Kimball in
terrupted and referred to the decision of
the Court of Appeals of the District. So
far as the decision referred to touches this