Omaha daily bee., 1898-12-29
WERE NOT GAMES OF CHANCE
Devices Jack Norton 10 Accused Of Maintaining
Defined by Himsslf
PLAYERS HAD NO SHOW WHATEVER
Manipulator Absolutely Controlled
the Machine-some Interesting In.
formation Given Jury During
Defendants Examination.

"~s~ ~@ w
fined by Jack Norton during his evidence
yesterday in his own behalf In the trial
Of the gambling case against him in Judge
Slabaugh's court. "A CRATER" said Mr..
Norton, lis a mar who sets UP . sure thing
game"
Just how this came TO be added to the
large volume Of information already assured
to the jury In this case was this: Mr..
Kelkenney had brought out from his client
. statement to the effect that his saloon had
been the headquarters for "srafters' dur
Ing the exposition. Fearing that the Jury
was altogether too unsophisticated and
needed enlightenment IN explanation was
asked to give q clearer idea Of the peculiar
position Of the CRATER in the social sys-
tenn. hen as though this was not quite
satisfactory, Deputy County Attorney Win.
tiers, when he came to cross-examine, de-
manded . second definition. "A CRATER
is q man who sets up q sure thing game"
Mr.. Norton repeated.
As q school Of technology in the graft
Ing line the court room has been inter-
esting. The Jury has had ocular demon
stratlon OF Phillips pin gams'-the Only
Phillips and the only pin game'-and the
unique workings Of the race track game
have been shown, and how by a little
mechanism OF tho apparatus and some in.
nocent manipulation by the dealer the
"Rube" and his money soon parted. II any
Juror or spectator runs up against q "sure-
thing" snap In the future It will be the
fault Of a very short memory or a plethora
Of easy cash.
Mr.. Norton has something Of the humor.
ist about him. He would not say in an.
swer to Mr.. Winters questions that the
race track" and pin" games were gam
bling devices. The accent here IL on the
word gambling The witness intimated
that the thing was all one way-the deal
er's way-As much a. to say that there wa
no gambling about 1t. Plainly. without be-
ing expressed In Just 30 many words, It was
. case Of deecing the fellow who went
against 1t.
Norton's Especial Defense.
The burden Of the Norton testimony wal
simply that he had not been q party to the
ohense OF keeping and setting up gaming
devices. Kirschbaum, Dryer and Burns ran
the joint In the blacksmith shop at 81
North Sixteenth street On their own hook,
and as to the cigar store at 215 North
sixteenth, the back part Of 1t had been
rented for q CRATER" as Norton said,
named Ed Smith. Norton said he paid to
Larry Mourning $50 for one months rent Of
tho place. but It was for Smiths beneft
entirely. TIL witness asserted he had never
seen a race track" game Of the Smith
kind before. and though he knew Smith
was one Of the class OF gentry he had
designated he really had not known what
his particular graft" was.
To the interrogatory. why he had not
known" Norton replied: We'll, l never |
was mixed up with grafters before" His
particular defense that his saloon had been ,
the headquarters for all this kind Of non- !
producers was laid stress on. The
use Of his saloon In this way
came about. said the witness, through his
bartender. Flynn. q mfkolosist Of very
alluring mien and manners. my place
was q hang-out for all the grafters Of the
city and as I was acquainted with Ed Smith
I rented the back part of thu cigar store
from him." Norton continued. going more
into details. So far as concerned the settle
ments between Phillips. Kkschbaum,
Dwyer and Burns In a room over his saloon
every night, he was merely present because
he was the proprietor Of the place. You
presided over the settlements because you
were the proprietor" the deputy county at
torney repeated, innocently. Yea an
swered the witness.
The story Of Phillips. after arrest, sending
word to Norton to get him out Of jail was
gone over and how Norton failed to pro-
cure the police protection boasted of. Nor
ton was on the stand most Of the forenoon.
The state finished Its side shortly after court
opened and at once q motion was made by
Kelkenney for an instruction to the Jury to
find for the defendant. Kelkenney's ground
was that there was no evidence to show
guilty Of the charge. The motion
was denied and then Norton was put on the
stand.
Closing the Case.
The case went to the Jury late in the
after several hours had been de-
voted by the respective counsel to the
argument. One time G. G. Bowman. in be-
half Of Norton, took exception to some sar-
castle reference made by Deputy County At
torney Winter to "the shades Of the de-
parted Dryer and Burns" He entered q
formal objection, saying there had been
in the testimony to show that
and Dwyer had Intentionally alb
sented themselves to escape testifying for
The defense. The court overruling the OBJ
lection Bowman demanded that a record be
made of the opposing counsel's remark and