The evening times., 1898-11-29
race PROMOTERS
PLACED ON TRIAL
Jockey Club officials Appear
in Police Court.
DEFENDANTS FILE "A PLEA
Demurrer Alleging That Counts
are Vague and Uncertain.
The Jurors Sworn-Mr. Baker Opens
the Case for the 'Gov-
eminent.
DEFENDANTS FLEA PLEA


raigned in the Police Court today and
pleaded not guilty to the charge of vio-
latien of the anti-gaming law: Samuel S.
Howland, Jesse Brown, William H. Ba-
retto, Charles d. Mccoy and Mars Cassi-
dy.
Clarence Mcdowell, Henry Crickmore
and William S. Vosburgh, also named by
the government as defendants in the
case were not arraigned, service not hay-
ing been secured upon them.
The case was called in the Police Court
first several days ago, and the defendants
were arraigned and pleaded to the first
indictment.
The defendants were put under bond and
the case continued. The first information
under which arraignment was had has
been modified, so that the plea today was
to the second Information. 1t follows III
brief:
Whereas Charles Stunt hath upon oath
declared that on the 14th day of Novem-
ber A. d. 1898, at the county aforesaid,
there was. on the day aforesaid, at GER
tain premises in the District of Columbia,
commonly known as and called the Ben
ming race track a certain event or con-
test called a running race of horses for
purses; and that at the time and place
aforesaid the defendant did set up and
keep a place for the purpose of gaming,
to wit, for the betting and wagering of
money on a running race of horses, and
that at the time and place aforesaid, the
said defendant did set up and keep a
certain gaming table, to wit. the game.
device and contrivance called bookmak-
ing of the race aforesaid, the said game,
device and triNanaA heiuP then and
there game. device and CON-
trivance, at which money was then and
there, and before the said race took
place, bet and wagered by divers persons
then and there present, upon the result
of the said race, and which said game,
device and contrivance called bookmaking
on the said race was then and there
gambling device, adapted, devised and de-
signed for the purpose of a game of
chance for money.
"And that the said defendant at the
time and place aforesaid did set up and
keep certain gambling device, adapted
devised and designed for the purpose of
playing game of chance for money, to
wit, the betting and wagering of money
on running race of horses, and at the
time and place aforesaid did knowingly
permit persons 10 bet and play at the
gaming table and device aforesaid
dSdAilSl liI1 lbl VI AIlt SLdlulG III SuGH
case made and provided. and against the
peace and Government of the United
States of America"
Daniel w. Baker and 4. r. Mullowney
assistant United States attorneys far the
| District of Columbia, appeared for the
Government, and s. w. Maddox, A s.
Worthington and Joseph $. Auerbach for
the defense.
Mr.. Worthington stated that ne would
. - H., -,
murrer 10 the information but that be-
fore the jury was sworn he would like
to await the arrival of Mr.. Maddox. who
was coupled with a case m another court
The plea TO the jurisdiction of the court
was not sustained.
/ In this plea the defendants say this
court ought not to take further c1gni-
I Zance in this case because they say oy
1 the Constitution of the United States II
! is provided that the judges of the courts
of the United States shall hold their off,
/ ces during good behavior; that by the
! acts OF Congress creating this court 1t Is
/ provided that the term of the judges
1 thereof shall be six years: that therefore
/ the acts of Congress are uncons itutional
and void in so far as they assume to give
! this court the power TO hear and deter
/ mine cases in which in case Of correction
! the defendant or defendants may BE- pun
! ished by imprisonment. wherefore the de
! PENDANTS pray judgment whether this
court can or will take further cognizance
! of this prosecution
In the demurrer to the information the
! defendants say that in 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 demurrer to the first
&c II iS aVarrad that the
| defendants permitted a gaming table TO
| be set up or used for rhe purpose of play
| ing any game.
The defendants say that the second
count of the information is bad in sub
stance.
"One of the matters of law to be ar
! gued in support of the demurrer to this
count is that ii is not averred that the
defendants permitted a gaming table to
| be set un or used for the purpose of play
ing game
The demurrer to the fourth count was
that il was vague and uncertain.
| After the jury had been called the de-
PENDANTS waived the reading of the infor-
nation.
Mr. Mullowney stated the case to the ju-
! ry and found no reason why 1t was not
competent to try the case. The jurors
/ were then sworn.
Mr.. Baker opened the case. lie said
that he proposed to show that the de-
PENDANTS had knowingly permitted gam
ing on the premises controlled by them
| in violation of law. He explained that al
the track there was one Part set aside
as betting ring and that there We're al
this place many common gamblers, that
Is, men who would bet with anybody, or
the result of the races.
| The attorneys for the defense reserved
| their opening.