Omaha daily bee., 1899-04-30
VIGILANCE OF THE "PEEkER'
Prevents Shields Deteohve from Entering
Cliff Coles Gambling Rooms.
COUNTY ATTORNEY TRAVELLING HARD ROAD
suproses Deputy Dunn "wns Out on n
Lark that Morning'-"A Thought
less Thing to Do"-"Ought
TO Have known better"

The gambling case against Gin Cole,
which has occupied the attention OF Police
Judge Gordon, County Attorney Shields and
others for the last four days. ended yesier-
day afternoon, the defense declining to put
In any testimony. The case was argued and
left to Judge Gordon for decision. He said
since he had listened to so much law he
ought to have few days to consider it. He
will give his decision Tuesday afternoon at
2 o'clock.
Mr.. Kelkenney stated in commencing his
argument, after Judge Shields had waived
his opening statement, that 1t was GUS
tomary for the defense to introduce test-
mony only when it had something to rebut
or when the state had proven something
He argued that the state had not brought
forward a single thing to lead the court to
believe that an offense had been committed
He made a strong argument in which he
urged the court to consider the evidence
closely and not to take cognizance OF the
action of Deputy County Attorney Dunn and
Mr.. Welch in declining to answer questions
which would incrimnate them.
County Attorney Shields said that he did
not think 1t necessary to add any further
argument, because he had argued the case
thoroughly when the motion to dismiss had
been made. He said that he was sorry the
defense did not think it necessary for him
to act as a detective in the prosecution Of
cases of this kind because as matter of
fact there was nothing to show that he had.
He had hired detective, but was unable to
get him into the rooms because of the vigi-
lance of the "peeker." He supposed that
Dunn was out on "a lark" that morning
with some friends and had entered the
rooms at a late hour. 1t was very thought
less thing to do and he ought to have known
better He considered 1t bad blow to the
cause for which he was contending, but
truth is mighty and will prevail" The
cause, he urged, would recover from the
blow and the good work would go on. Con-
tinuing in reference to Captain Donahue s
testimony he said
ut was a strange thing that Captain Don
ahue should ask one of the men arrested
where he received a tip. The warrant was
issued with the knowledge only of your
honor, Judge Helsley myself and Captain
Donahue, yet six hours later Captain Dona-
hue entered the rooms he was directed to
search to find no chips, no lights, no moth
| ing"
Continuing, Judge Shields urged that the
! court should pay particular attention to the
! evidence of Kopald, who stated chips were
on the sideboard during the month of
March, and that of Dunn and Welch, who
declined to testify when asked concerning
who else was present besides themselves
and who was gambling. Their action he
said, was particularly suggestive in the light
of the action which had been brought. He
was sure, he said, that he could effect a
! conviction if the men were bound over
/ Judge Gordon said he had bad cold and
/ would like a little time to consider the ques-
| tion, so he named Tuesday as the day for
the announcement of his decision.