Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-03-18
THE JURY DISAGR Fed
No Verdict Reached in the Famous
Policy Cases
Detective Fitzpatrick and other witnesses
Testify Ageinsttho Defenaants-Judgo
prooko's 1ngenlops/ Arsumont for His
Clients.

After five continuances. the policy
cases came to trial in the Corporation
Court yesterday afternoon before a
jury. which failed to agree on a YER
dict.
The defendants in the cases are
George Taylor, Willoughby Taylor, ].
j. Welsh and Edward Moore. In the
Police Court last November George
Taylor was fined $500 and sentenced to
Jail for five months. The three other
defendants were fined $500 each and
given four months Jail sentence The
trial yesterday was on appeal from
Justice Tomlin's decision
AT the opening of the trial Judge d.
Tucker Brooke, counsel for the defend
ants, made an effort to have the war
rants dismissed. on the ground that the
offense was not stated. in accordance
with the statute. 1t was Il mere tech
meal question. upon which Judge
Hnnckel decided against him.
Detective James II. Fitzpatrick, of
Washington, who was employed by the
Board OF Police Commissioners, to
come here and work up the cases. was
the chief witness.
Fitzpatrick testified as to going into
George Taylors place. putting down
twenty cents and getting a ticket. This
ticket was introduced as evidence,
Judge Brooke objecting. and noting eX
ceptions upon his objections being
overrued. Fitzpatrick said that George
w. Taylor was sitting behind the desk
in the place and accepted the twenty
cents. No words were exchanged be-
tween them.
Fitzpatricll's experience in the other
places was about the same. The evil
dence i'll each case was practically the
same, and THE cases were punched to-
gether.
Judge Brooke also objected to the in
PRODUCTION of James F'itchett, colored.
as an expert witness. This objection
was likewise overrued. Judge Brooke
noting exceptions to the courts ruling.
Fitchett. who was n policy writer for
nine years, told the jury all about the
game. The wheels, he said, are kept on
Princess Anne road, outside the city
limits.
Sergeant Beanc. of the police force,
who conducted the raid on George Tay
lor's place. told of capturing the books
quilts and other paraphernalia.
Considerable time was taken up by
Judge Brooke in arguing objections to
evidence. His first objection was
| against the admission of the alleged
policy tickets. He contended that there
could be no policy tickets unless lot
terry existed; that there was no evil
dencc of Il lottery existing at all. and
that the tickets upon their face did not
purport To be lottery tickets.
| Judge Hanckel ruled that while the
| tickets did not in themselves say on
their face that they were lottery tick
cts Ito Judge Broke and himself who
we're not vcrscd in the manner of pol
icy playing). it might be shown by cx-
pert testimony that they were lottery
tickets. lie allowed them to go to the
| jury as evidence.
In presenting instructions for the jul
rvs guidance Judge Brooke again
raised q point similar to the above.
| The instructions presented by Judge
Brooke would have caused the jury to
clear the defendants. as these instruc-
tons made it incumbent upon the Com
mcnwcalth to show the existence or the
contemplated existence of IL lottery
drawing-that is. the wheel. etc.
| commemorative Attorney Dun
admitted the inability of the Common
wealth to prove the actual lottery
drawing, or existence Of Il lottery.
| Judge Hanckel so changed the In
structions as to charge the jury to con-
Wet the defendants If it believed. from
the evidence that the tickets sold were
| lat tory tickets,