The times., 1898-12-03
pressly such defendant authorized such

pressiy such defendant authorized eucn
acts.
Eighth-The jury is instructed that no
defendant in this case can be convicted by
them unless they are satisfied from the
evidence beyond a reasonable doubt that
such defendant not only knew that the
law was being violated, If the jury find
that 1t was violated. but that such de-
fendant had the legal right and power to
put stop 10 such violation of the law.
Ninth-The jury is instructed that from
the mere fact, If the jury find II 10 be
fact that the defendants How.and, Brown
and Ross were three members of an eX-
ecutice committee of fifteen. no presump-
ton arises that they, or any one of tn EN-,
authorized or knowingly permitted vio-
lation of the law in relation to gambling
at Benning race track. If the jury find
that there was such a violation of the
law.
Tenth-The jury is instructed that no de-
fendant in this case can be convicted uh-
less the jury is satisfied by the evidence
beyond n reasonable doubt, not only that
defendants knew that betting and gam
bling were going on on the premises, II
the Jury find that such was the fact, but
also knew that such betting or gambling
was being carried on through the instru-
mentality of "a gaming table, game, de-
vice or contrivance which had been set M
or used Tor the purpose
After the prayers the argument wa; be :
gun. Mr.. Baker opened for the Govern
ment He told the jury that despite the
length of the trial and the amount CT
eloauence that had been dis. iayed, the
questions involved We're few and simp-e
He contended that the statute prohibit
ed bookmaking and gambling IN the
District of Columbia. Bookmakins and
gambling were carried on at the Benning
track The defendants wee in control OF
the premises and knew that bookmakins
ard gambling We're conducted in a build
ing set apart expressly for that purpose
He cited the testimony and asked for
verdict of guilty.
Mr.. Auerbach opened for the defense.
He presented the arguments that the law
had not been violated. that the prosecu-
ton was begun In malice, and that the
Government had not proved up to the in
formation. Mr.. Auerbach concluded at
$50, and the court took a recess till 5
O'Clock. After the court reconvened Mr..
Worthington addressed the jury. He said
that few thousand years ago a Roman
tyrant who made and executed his laws,
printed those laws in such small letters
and hung them so high that nobody could
read them. The Government of the United
States appeared in much the SAME role as
lnt lAEdul- lUlS law against
bookmaking, poolselling and setting up a
gaming table or device was so framed that
no one could understand it. These defend
ants had never Willingly violated any law
of the land. He pointed out that under
the law men may bet on a horse race.
There must be a gaming table or device
He maintained that no such device had
been set up at Benning. Men had legal
right TO bet there The only thing they
had to- aid them sheet of paper on
which they made memoranda of their
bets. They had "A right TO do this. Mr.
Worthington made "A strong and skillful
plea to the jury.
Mr.. Mullowney closed the argument for
the prose- ecution. He replied to the insinu-
alton made by counsel for the defense
that the district attorney and the grand
jury had not done their duty. He traced
the history of legislation in the District
of Columbia against race gambling ana
made an eloquent attack on the defense
He referred TO the prominence of the de-
PENDANTS, but said that he would prose
cute them Just the same as though they
We're poor and humble men. Mr. Mullow-
ney closed at o'clock. and Judge KIM
bah began his charge to the jury. He re-
viewed the statutes bearing on the case
/ and the charges contained in the nforma-
ton. He interpreted the statutes and de-
fined the legal meaning OF gaming table
He cited the oft-quoted Miller case and
Justice Alveys opinion. This was law
he said. which is binding upon the courts
of the District. Justice Alvey's opinion
2 held that horse race upon which money
is wagered is game of chance, and may
constitute a gaming table within the
meaning of the statute.
Judge Kimball read such of the prayers
offered by the Government and the de-
fense as We're allowed by the court He
charged the jury that every man is inno-
cent until found guilty beyond a reason
able doubt. He then left the facts in
the case TO be considered by the jury.
He directed verdict of not guilty as to
Cassidy, lieCoy, and Barreto.
Mr.. Worthington noted several objee-
tions to the charge.
The jury retired at $40. and at II o'clock
was locked up for the night.