The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-12-15
Declared Not Guilty of Gaming by
Jury in Judge Wislizenus's
Court.
HAYES AND holland cLAsHED.
Spirited Tilt Between Defendants
Counsel and President of PO-
lice Board-City Attorney
Appealed Case.

Before Judge Wis,izenus in the Second
District Police Ccur. yesterday the opera
tives of the Southern Telegraph and Money
Order Company. who were tried before
Judge Clark and Judge Sidener previously
for placing wagers on horse races and ere
quent!ng poolrooms. we're founi not suiity
On a charge Of maintaining a g~a:Eins-house
and all of those persons who were artist
ed in the raids ordered by the Board OF
Police Commissioner were discharged.
After two failures in other courts the
prosecution sought to convict With Lew e1-
dence that had been secured before a court
that was regarded by 1t as less unfavorable
than the other tribunals before wnom the
other cases had been tried. Yesterday there
was introduced py the city witnesses Who
had made a thorough Investigation of TIE
Southern Telegraph Company method fcr
transmitting the bets of rs Catrohs On
horse races.
Officer McKenna, who had made a special
trip to Louisville. KY. told how ene o@
were received there after being transmitted
by the concern which has its ONCE AT NJ.
900 North Third street and which Is ciainie"
by the prosecution to be a poolroom in the
sense described by the breeders law.
William ]. Armstrong. manager OF inc
Southern Telegraph Company. whose DUTY
it is 10 transmit the messages saTeylng .he
bets that are declared to be illegal. was put
on the stand to describe the work ngs OF the
office at the St. Louis endA After this much
OF the evidence had been presented the case
was submitted with to the jury
Attorney holland Conducted the Case.
In opening his address to the jury Attor-
ney holland for the Southern Telegraph
Company referred to the previous trials IN
other courts and charged with great en-
phasis that the Police Department was per-
scouting unnecessarily the owners OF the
Southern Telegraph Company.
At this juncture Mr.. Halves arose and
stated that Mr.. hollands assertion was
false.
There was confusion. owing to the fact
that Mr.. Halves. Mr.. holland and the Court
were all trying to talk at the same time.
Directly behind the jury, in the first row of
chairs that would have been used had the
jury been twelve in number instead Of six.
sat Colonel Ed Butler. In the midst Of the
confusion Colonel Butler arose.
your Honor" he shouted, IF this Is go
ing to be an open meeting I rant to say
something to the gentleman" pointing his
hand at Mr.. HAYES.
The Court raped vigorously for order,
and in a moment Attorney holland had re-
sumed his argument. When he concluded
President Halves arose and apologfzed to
the Court for the language used in his re-
tort. saying that the counsel for the de-
Tense had brought into the case matters
that did not belong there. and that he was
aggravated into Directing in the way he
did. He emphasized that he did not apolo-
gixe to Mr.. holland.
Judge Wislizenus accepted the apology
and the case proceeded. Judge Chester
krum spoke for the prosecution. After
he had presented all Of the facts that had
been introduced in the trial Of the case by
the prosecution, the jury retired.
Only ten minutes were consumed in delib-
Grafton by the jury. n a verdict of no.
guilty was brought in by the jury. The
prisoners and all OF the pending cases we're
dismissed. but City Attorney Taylor gave
notice that he would appeal the case to the
Court of Criminal Correction, and appeaI
| papers were filed.
The jury that tried the case in judge
Wisaizenus's court was selected by. the dep
uty marshal of the court, independent of
| the Judge recommendation. It has been
the custom Of the court lately to select a
panel OF twelve from which the jury OF
six Is chosen. Yesterday Judge Wislizenus
handed tie marshal a list Of twelve promi-
nent downtown business men from which
to choose the Jury to try the telegraph
case. 1t was ignored and not one Of the
twelve men that sat in the Jury box was
among those suggested by the court.
The jurymen that tried the case were:
George C. Linde. Nat Apple. Joh J. Rear
don. Michael Hannigan, Thomas Brennan
and A E. Epps.