The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-18
AN ALLEGED POKER GAME
Five Men Charged With Gamb-
ling Have a Hearing.
WITNESSES SAW NO CASH
Only Cards and Chips Were on the
Table-Some Said 1t Was a Heart
Game and Others That 1t Was
a Game of Slough.


Sunday morning by the police in the
card room of the St. Lawrence saloon,
!. on East Park avenue. were yesterday
charged with felony, and upon their
arrangement they pleaded not guilty
and their preliminary hearing was set
for Z o'clock last night.
At that hour the defendants appeared
in Judge Donoghue's court. j. II. Duffy
represented them, while the state was
not represented by counsel. The COM
plant in the case is as follows:
Frank O'Brien. being duly sworn.
I upon his oath complains and says that
Ed Devine. Thomas Brennan. Mike
Callan, John Fuller and Ed Thompson
on the 18th day of January. A. ID. 1898,
and before the filing of this complaint
at the county of Deer Lodge. and state
of Montana, did feloniously conduct
and play game of draw poker for
money"
Mr.. Duffy read the statute on the
matter and asked the court to deter
mine whether the defendants We're on
trial for conducting and operating
game themselves, which is a felony, or
whether they Were merely participants
and players at someone else's game,
which is merely misdemeanor. The
court said the section was very clear
and that the men were TO be tried for
the felony, as charged in the com
plant.
Frank O'Brien. assistant chief of po-
lice. was the first witness for the state.
lie saw the defendants in the rear room
of the st. Lawrence saloon engaged in
playing cards. About 1:50 o'clock on
the morning of the 10th himself and
four other officers Went to the place.
and by standing on a log, they We're
able to see into the room, through a
rear window. They saw the men play
ing cards. Upon the table We're red.
white and blue chips. There was also
a small pile of chips in the center of
the table. He saw two or three of the
players deal the cards. He did not see
any money. He did not know of his
own knowledge that the chips repre-
scented anything of value.
Percy ingalls,, a policeman, was the
next witness. He testified to looking
through the rear window and to seeing
the five defendants playing cards. He
could not say what kind of a game they
We're playing. He did not see any
money on the table. but saw chips of
various colors. both before the players
and in the center of the table. He saw
Tom Brennan dealing. They had been
dealing five cards but when the officers
entered the dealer dealt out all the
cards. Mr.. Duffy asked him if. in a
game of hearts, chips We're not neces-
sary to count with. ingalls, did not
know: he had no knowledge of the
game of hearts. He did not know how
many other games besides poker could
be played with five cards
William Powers, another policeman,
corfoborated the testimony of his as
sociates regarding the watching of the
game through the window and also saw
cards and chips on the table. The po-
lice confiscated the the cards, but did
not count them and did not know
whether or not there were SO cards in
the pack; thought there was
full pack Asked by Mr.. Duffy he said
he could not state what they We're
playing. They might have been play
ing for pastime.
Nick Basanitz. the officer who discov-
cred the game. was then called. He
was walking through the alley and saw
the game. He did not see any money
on the table He did not know what
kind of a game ii was nor did he know
what the men were playing for. He
saw the game an hour and a half or
two hours before the raid was made.
Joe Stevens, also policeman, was the
last witness. His testimony was the
same as that given by the other officers
He thought Officer ingalls, had cof-
fiscated the cards. but he did not know
whether or not he had counted the
cards. The doors Of the room We're
closed, but not locked. and no one Of
fered amy objection to the officers en-
trance. They were playing poker. He
could be played with five cards except
poker, but there might be others. There
had been several deals as in poker, but
that when the officers Went in the man
who was dealing dealt out all the cards.
or nearly all the cards. One of the other
players asked the dealer. What are
YOU dealing for2" He heard one man
say they were playing game of hearts
and someone else said they We're play
ing slough. There seemed to be some
confusion as to what they really We're
playing. He did not see any money
on the table. The men made no resist
ance to being arrested.
The court asked OBrien If he had
any more witnesses and the officer said
he had not, unless some of the defend
ants would testify. Mr. Duffy said that
they would not give evidence against
themselves and moved the court to di-
miss the complaint on the ground that
the prosecution had failed to show that
there had been poker game and that
there had been a game for any money
or it's equivalent
The court said he would take the mat
ter under advisement until Tonight