The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-07
Detectives Holtx and Bray Are on the
Witness stand
the Afternoon.
KNEW LITTLE OF THE PONIES
NO Personal KNOWLEDGE THAT
THERE WAS GAMBLING.
Posters ON Walls Were as Greek to
the Emissaries of the Law-Trial
VIII Be Continued Monday.

Without the promised excitement, the
poolroom cases against Michael Toomey
and the lis frequenters who were arrested
in the raid by the police a week ago were
commenced in the Police Court yesterday
afternoon. Deputy Prosecutor Ira Holmes
changed his mind about not prosecuting
the cases If they were to be heard at once
and with the assistance of Charles Benedict
entered into the case as If there had been
no clash between the court and the state.
Only two witnesses were placed on the
stand during the whole afternoon, and from
the array of attorneys for the defense a
lively legal battle is expected. The court
opened at 2 o'clock and the great crowd or
defendants filled the courtroom to its fullest
capacity. Detective Holtz was the first wit
ness placed on the stand and he remained
there the greater part of the afternoon. He
testified that all the knowledge he had OF
the bets made in the poolroom was gained
through what he had heard and not from
actual experience. He had read in the
newspapers. he said, that certain Jockeys
rode certain horses, and in the poolroom he
saw posters showing the names Of the
horses in different races and giving the
names of the jockeys who rode them. The
fact that the posters were in the poolroom
did not influence his opinion about the
gambling on the horses In any way, he said.
and he admitted that the mere fact that the
posters was there could not be evidence
that any gambling was being done. lie
said he saw, on one occasion, a man go 10
one of the windows of the office in the
poolroom and deposit some money and
later saw him go TO another window and
receive money from the employe or the
poolrOom, but he could not testify that the
money was given TO Mr.. TOOIQGV as a bet
or that the money which he saw returned
to the man was returned as the result of a
KNEW IT BY HEARSAY.
He did not know how much money
changed hands in either transaction, and
when questioned closely by Attorney Hard
ing for the defense admitted that he knew
very little about what he was attempting to
tell the court. He said he knew that
Toomey's place was a gambling resort, be-
cause he had heard so, but he had no per-
sonal knowledge of any gambling thru had
been done there and admitted It to the
court.
The afternoon was taken up by exhibits
of newspapers with the same tatement OF
the races as were shown on Toomeys bull
letins and in the cross-questioning of De-
tective Holtz by the attorneys for the de-
Tense. AT 4:0 o'clock Detective Bray was
put on the stand and the same questions
" III AA1a O1&h bohC0 ~
him with about the same result. Ii NY
thing the defense had the better of the day,
as the state failed TO prove that the Toom-
ey poolroom was a gambling house, as they
charged in their complaint.
Toomey's claim is that he acts merely as
an agent of the telegraph company which
telegraphs the money deposited with him
to the bookmakers at the race track and
that he has nothing to do with any betting.
but handles the money for his patrons the
same as any bank would do. The court ad-
journed at 3 o'clock until Monday after
noon, when the trial will continue until
some decision is reached. Mr.. Toomey said
yesterday that he would not reopen his
poolroom until the case was completed in
the court. as he was not DESTROYS of break
ing or violating the law. He will be guided
entirely by the advice of his attorneys in
the matter, but believes that he will win
the case in the end. Deputy Prosecutor
Holmes said last night that he did not know
whether the state could make its case or
not, but asserted that no pains would be
spared to secure a conviction of all the men
arrested in the poolroom on charges of Wis
iting a gambling house and of Michael
Toomav for ODerating one.