Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-09-03

scheme as a gambling device. pure and
simple, and gave notice that should an
effort be made to resume business at the
old stand the promoters of the scheme
need not expect the treatment they re-
ceived yesterday. He announced that so
far as he had been advised there Will De
officers the ground this afternoon TO
intake arrests as soon attempt Is
made to do business Every time an effort
is made to resume business. he stated,
the promoters of the game may expect to
get arrested.
The names given by the defendants were
John Bartlett John Farrell. Guy Ham
mond, Horace T. Kelly Henry Morris and
Bernard Daley Morris, Daley and Farrell
are sheet writer's, while the other men nam
die the cash.
At police headquarters last night the po-
lice filed two charges against each defend
ant. They alleged violations of the gen.
eral gambling law and also charged that
they had violated the section which refers
specifically to pool selling on horse races.
Section of the Law.
The former section. and the one under
ing, provides:
Whoever shall in the District set UP or
keep any gaming table, or any house, YES
sci or place, on land or water, for the pur-
pose of gaming or gambling device COM
monty called A B c, faro bank, + y, rou-
lette equality, keno, thmble or little joker,
or any kind of gaming table or gambling
device adapted. devised and designed 1or
the purpose of playing any game OF chance
for money or property, or shall induce. en-
tice and permit any person 10 bet or play at
or upon any such gaming table or gambling
device, or on the side of or against the
keeper thereof shall be punished by impris-
onment for a term of not more than five
years"
The section under which the second
charge was brought, and which was aban-
doned by the prosecuting officer, reads:
at shall be unlawful for any person or
association of persons in the cities Of Wash
ington and Georgetown, in the District OF
Columbia or within said District within one
mile of the boundaries of said cities, to bet,
gamble or make books or pools on the re-
suit of any trotting race or running race OF
horses, or boat race, or race of any kind, or
on any election or any contest OF any klnd,
or game of base ball. Any person or asso-
citation of persons violating the provisions
of this section shall be fined not exceeding
$500 or be imprisoned not more than ninety
days or BOTH.
This section 1t is claimed by the cham
pions of the defendants, was enacted to
permit pool seeing outside the mile limit,
more especially at the Benning track al
though the legislators failed to 50 state
Text of the Warrants
The warrants filed in court this morning
allege that the defendants did then and
there unlawfully set up and keep certain
gaming table to wit, the game, device and
contrivance called bookmaking on certain
running races OF horses which were then
being run in different parts Of the United
States. the said game, device and cortriv-
ance being then and there a game, device
and contrivance at which money was then
and there bet and wagered by divers per-
sons then and there present upon the result
nf wi oar ira
and contrivance called bookmaking on said
races was then and there gambling de-
vice, adapted for the purpose of playing a
game of chance for money.
Plea of Not Guilty
When Clerk Potts called the case for
trial Attorney Fields said he desired to
enter a plea of not guilty and waive a
preliminary examination. This action
meant that the case would. therefore, be
sent to the. grand jury.
Mr.. Mullowny said that the only thing
left for the court to do was to fix the
bond.
In his statement to the court Mr.. Fields
said there is no law on the statute books
against the making of hand books on the
to the court that the question had been
carefully considered by legal advisers who
had reached the conclusion stated. Tie
entire matter, he said. had been explained
to the authorities. Two judges of the Su-
preme Court of the District of Columbia,
he said, had construed the law as viewed
by the defendants in the case before the
court today. Prosecutions against the peo-
pie at Benning. he stated had never
amounted to anything. He said his clients
are anxious TO have the question deter
mined by the court of last resort, and 1t
is his intention to have trial in such a
court at the earliest possible date In or
der to have the question passed upon by
such court he would waive an examna-
ton which he thought would facilitate
matters.
For some reason, best known to the po-
lice and prosecuting officers, said Mr.
Fields, they have declined to accept the de-
cisions referred to as the law. The case,
he said, is nothing more than a test no
matter what else 1t may be called SINH
lar prosecutions against the Benning peo-
pie failed and the cases before the court
involve an exceedingly doubtful question
at the most. He concluded by suggesting
that bond be fixed at $500.
Prosecutors Response.
NJ AIr,lIA