The San Francisco call., 1899-04-11
PooIselling Test Case
Comes Up.
is COMPLAINT DEFECTIVE 4?
ATTORNEY ARGUES AT LENGTH
IN THE AFFIRMATIVE.
Judge Mogan Reserves His Decision
and the Police Are Prepar-
ing for Emergen-
ciss.

The test case Of H. L. Jones. charged
with selling pools at the racetrack in vio-
lation OF the new ordinance, came up for
hearing before a jury in Judge Mogan's
court yesterday afternoon after NJ. Hart
one Of the jurors, had kept the court
waiting for over half an hour. He made
an apology, but the Judge was inclined
TO deal severely with him for contempt
OF court till Attorney Ach and Prosecut-
ing Attorney Joachimsen interceded for
him and his apology was accepted.~
When the first witness for the prosecu-
ton, F. H. Green, secretary of the Pa
cifc Coast Jockey Club, was called 10 the
stand Attorney Ach said he objected TO
the swearing of any witness. as the com
plant on file did not allege any public
offense, and was therefore defective. He
read from the complaint. which alleges
that the defendant "did unlawfuly and
willfully make q. bet wherein money was
staked on a race between horses then and
there about TO be run, and then and there
after the making as aforesaid Of said bet
actually run in the aforesaid city and
county of San Francisco
He also read the preamble Of the er6i-
nance, and claimed that the words race
track inclosure or "c0uTslng park made
q limitation to these particular places.
The complaint did not sllege where the
place, and therefore was detective. Incl
oentally he attacked the validity of the
ordnance on the GROUND I1at plural
nouns were used as make pools" bets
or ''wagers,' instead Of make a pool,
bet or wager
His principal argument against the
complaint was that il did not allege when
and where the race was run nor who the
defendant made the bet with which he
contended was essential. He quoted nu-
merous authorities IN support OF his con-
tentions. He asked that the case be dis
missed on the ground that the complaint
was defective.
that the language of the ordinance had
been followed in drawing up the com
plant, but he was only stepfather 10 it,
and he reluctantly confessed that there
was q great deal in Ach's argument
The Judge thought so also unless some
authorities were quoted against the argu-
ment Of Ach- He asked Joachimsen if
he had any such authorities, but the at
torney admitted that he had none to bring
forward. The Judge theTeupon said he
would give his decision Wednesday night,
the jury having been discharged early in
the argument TIL that time.
Captain Whitman, who had listened to
the argument, saw Attorney Joseph ].
Dunno who had assisted Joachtnsen in
drawing up the complaints, and Dunno
called upon the Judge. He said he would
stake his reputation on the validity Of the
complaint, and was surprised when told
that Joachimsen had not referred the
Judge TO a case in the Supreme Court Of
Massachusetts. where il was held that
in poolselling complaint II was
not necessary 10 insert the name Of
the other person to the bet. He was
furious that Joachimse1 had disclained
drawing up the complaint and said that
If il had not been for the alterations in
sisted upon by Joachimsen there would
not have been any chance for any cub
bling about il.
Chief Lees was not put out by Aeh's ar
guu1ent and said that if the Judge de-
cided that the complaint was defective
they would draw Up another one. and if
Ach contended that his client had been
once in jeopardy they would take the
matter before the Superior Court There
are about twenty complaints altogether
Of the same nature.