The San Francisco call., 1899-11-23
JOE HARVEY'S
FARO GAME IN
POLICE COURT
One of His Dealers
on Trial.

As an expert al faro Joe Harvey must
be beginning 10 realize now that he is
down 10 cases"-and not easy ones 70
beat. either-with his California Club"
Since The Calls exposure of that gam
bling den and the subsequent raid by Po-
lice Captain Whitman and Sergeant Shea
not card has been turned within its
walls and not bet has been cashed. the
entire time OF Harvey and his following
since having been consumed in prepara-
ton for an effort 10 double-bank the law.
That effort was made yesterday after
noon in behalf OF Asa Hamilton. one OF
the six men arrested in the celebrated
raid. Il failed miserably.
Hamilton. who is a dealer in the en-
pioy of Harvey. escaped conviction by
the skin Of his teeth. Ten OF the tweive
men sworn as Jurors 10 try the case be-
lieved that he visited the house at i43
Mason street for the purpose OF gambling:
inferentiaMy they also believed that IL
was a gambling den pure and simple and
not a club OF equal good reputation with
the Pacific Union and other clubs OF the
city. as Attorney Jimmie Long would have
had them believe. Handicapped as he was
by a complaint admittedly defective. sur
rounded as Hamilton was By every point
OF the law three lawyers were able TO
advance in his defense. Judge Low. the
prosecuting attorney. battled so vigor-
ous!y that he very nearly pulled a victory
out OF what seemed certain defeat The
jury was not able 70 agree. but the an
nouncement OF their standing ten for
conviction. two for acquittal. must have
found the blowholes even In the locally
Harveyized armor.
James Long did most OF the spelling for
Hamilton. Charles J. Heggerty and Her
bert Choynsh acting as counsel for The
defense and doing most Of the thinking.
Judge Low was alone for the prosecution.
There was a suggestion OF faro-banki-
ness in this proportion Of legal talent. and
Hamilton seemed 70 have the best Of a
time -honored ''three-one-deal." Long saw
the advantage OF this ARRANGEMENT To his
client and proceeded at once 10 whipsaw
every rattle out OF the box. Be Ii known
too. since yesterday. Jimmie Long is en-
titled 10 be known as the Sherlock Holmes
Of lawyers. The intuition he displayed in
the selection Of jurors showed that. For
example:
How old are you?" he asked a pros
pective juror. whose frame was bent with
the weight Of years.
4 am 20 years old. sir was the reply.
And you have lived in this city how
Nigh onto thirty years"
An, exclaimed Long. a great white
light breaking in upon his mind, ''ah.
then YOU must an old RESIDENT
Yes. sir" meekly acquiesced the Juror.
he peremptOTily challenged another wit
ness. who admitted that he had sold hab-
erdashery 10 Captain Whitman. and all
through the list till twelve had been Sc
lectcd he went. emitting many sparks OF
similar brilliancy. After the fury had
been sworn in and Long was getting into
trim 70 cross-eXamine when il came his
turn. Messrs. Heggerty and Choynskl
made a discovery not quite so Sherlocky.
They found that while the ordinance.
which IL was claimed had been violated
read FOR the purpose Of gambling the
complaint upon which Hamilton was be-
Ing prosecuted read FOR the practice OF
gambling.
Long Immediately moved the court 10
direct the jury that the complaint csarg-
ing no offense they should dismiss the de-
fendant. Judge Conlan overruled the mo-
ton and Police Captain Whitman was
placed on the stand TO testify 10 tho dis
coveries he had made at the Harvey
gambling den the night he arrested Ham
iltOn and his five companions Sergeant
Shea began spreading out In front OF the
jury the layout. check rack. dealing box
and cases used IN the game OF faro. Long
made loud objection. and they were COW
cred up for the time being.
Whitman Joid how he mad applied for
admittance 10 the Harvey club and been
refused: how he had broken the chain
door and came upon Hamilton and the
others. who were getting away from the
layout
captain. " Playing a quiet game?' and he
replied, Yes. quiet little game Another
Of the men. said Whitman. said he was
glad came. i lell my girl over at the
Poodle Dog he said. and came over here
TO try and win her sealskin. The best
I could do was TO lose SIS. so I'm glad you
came "
whitman also testified that he saw one
OF the men pass checks over TO Dormer
and receive money IN return. IL was ad-
nittcd by the defense that Sergeant Shea
and Officer Phillips would corroborate
Whitman. whereupon Long renewed his
original motion that the case be dis
missed. The motion was overruled and he
made a similar one on the ground that the
COMPLAINT had been signed -. Z. Barry
Acting Police Judge" when there was no
such office under the law. The court de-
cided 10 let the case go TO the jury. and 10
the fury II went after brief argument and
The twelve men came into
court after forty minutes. announced
their inability TO agree and were dis
missed II is understood that on the nrst
ballot they stood seven for conviction and
fve for acqulttal This was changed on
a late ballot TO ten for conviction and two
for acoulttal and there they stuck.
The case will be reset for another trial.