The herald., 1898-11-02


Grimes. In that case the defendant was
charged with keeping a gambling device,
commonly known as a stock-clock, and was
prosecuted under Minneapolis ordinance
providing that mo person shall keep or set
up any gambling device whatever, designed
to be used in gambling or gaming" The
defendant was convicted and the higher
courts sustained the finding
But Justice Morrison asserted that "any
gambling device whatever" in the Mime
apolis ordinance and "any banking or per.
centage game played with cards or any de-
vice" were in no wise synonymous. He
squirmed, contorted, gyrated and finally held
that:
If the legislature intended by this stat.
ute to make one guilty of felony for any
game of chance, without regard to how it
| might be played, or what might be used
in doing 90, it should, and doubtless
would have employed language more
| definite in character for such purpose.
Commonwealth VS.. Kammever, 13 S. w.
Rep. 1907.
am of the opinion, from a careful ex-
animation of the many authorities cited
that the defendant, from the agreed
statement of facts, cannot be convicted
of the offense charged under said Sec
ton 800. The court finds the defend
ant not guilty of the offense charged;
defendant is discharged and his bonds
men released.
CHINESE LOTTERIES
Just previous to this ruling in favor of
tape games the police had also made an in
effectual attempt to prosecute the promul-
gators of Chinese lotteries. The dilatory,
rison's court in such cases had almost be-
come a public scandal, and with the finding
in favor of Burch and his colleagues, the
police department decided that it was USE
less to pursue an aggressive position to-
wards gambling and gamblers. The news
papers reflected public opinion in such edi-
torials as the following:
The latest example of impotence in
the police court was afforded yesterday
in the failure of the case against Frank
Burch, and he will now probably resume
q notoriously fraudulent tape game in
the heart Of the city. The rottenness
of the institution was exposed many
months ago, but has continued to be pat
ronized by men, women and boys.
The prestige, professional and po-
litical, of the defending counsel may
have influenced the presiding magis-
trate, which, perhaps, is the most char
the infrmity Of the finding. A dan.
gerous element in the community has
been given the protection of the police
court, and it seems high time to inquire
if Justice Morrison is to be trusted in
the responsible position he holds.
The members of the city council, ire
rison's apparent friendship for crime, and
soon after the rendering Of the tape game
decision they took steps to pass special
ordinance bearing on the subject in the hope
of thereby creating law which the court
could not possibly comfort or torture into
ton, the city attorneys opinion was re-
quested, and in rendering it he said:
am impelled to the opinion that tape
games are within the contemplation of
Section $50 of the Penal Code of the
state, and therefore would not advise
the passage of city ordinance on the
ion is in direct conflict with that rem
dered by Police Judge Morrison
He might as well have said that If the po-
lice court refused to uphold the state law
it certainly would not mind overruling such
little thing as municipal ordinance The
council abandoned it's intention, but the
city attorneys opinion, renewed their ag-
gression. toward the places, and after fight
lasting for several months practically wore
them out by bringing them into such thor
ough disrepute that custom dropped off, and
they closed up in disgust.
OTHER PECULIAR TRANSACTIONS
Considering Morrison's official record in a
ecAcLdl way, ~ ID TcplcLe WIN TRANSACTIONS
which will not bear the light of day. On
December l6 of last year a man named w.
7. Furrey, an old soldier, was arrested,
charged with attempting to poison Mary
=. Kelly. He was arraigned on December
%, and deposited $500 in cash as bond for
his subsequent appearance. On January
l3 the case was dismissed on the motion Of
the district attorney, the complaint being
regarded as piece of spite work. The $500
in cash was not returned to Mr. Furrey, but
on February 20 he was paid portion of it
and received Judge Morrison's secured notes
for the remainder.
Cases are not infrequent where the parties
interested have been able to tell Judge
Morrison's decisions three or four days in
advance. They may have been merely
guessing, but If such was the case, their pow
ers in this direction were remarkable, as the
predictions were invariably correct
The public is well acquainted with all the
facts in connection with the career of w.
". Everett, who for long period was the
clerk of Morrison's court. 1t was during
his incumbency that the records were found
to be in such chaotic condition, and in
December, 1896. the day before Christmas,
he disappeared, supposedly with about
$1,000 OF the courts trust funds. His bonds
in the sum Of $2sOs. Despite this fact ;u,ts
however, Everett has always been made the
scape-grace of everything wrong in the de-
partment over which Morrison presides.
SALOON-KEEPERS' MONEY
Probably the most serious breach of i'll
dicial ethics of which Judge Morrison has
been guilty is that of borrowing money from
saloonkeepers. 1t would be bad enough
did he but secure from this class of citizens
a short time loan, promptly repaying it as
per promise. But such is not the case. In
some. instances the money has been Sc
cured on tender of his personal check, it sub
sequently developing that there were no
funds on deposit at the time from which the
check could be honored. That the money
was paid some days afterward does not
make the transaction any less breach of
the court naturally resting under
obligation to him from whom the money was
obtained.
In another case, it is alleged that
Morrison two years ago demanded an out
and out loan from a saloonkeeper. and
though repeated demands for the repayment
Of the money have been made it has never
been returnd
The judges friends have never been able
to determine just what he does with his
money. His salary is $l66.66 Der month,
but it has been many months since he him.
self has drawn it from the city treasury q
money-lender always performing that gra-
cious act.