The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-24
Judge WhaIlon Assesses a Fine of
Fifty Dollars for Operating
a POOlroom.
AN APPEAL WILL BE TAKEN
TOOMEY WILL FIGHT 1T OUT IN THE
HIGHER COURTS.
Ten Employees Of the POolroom Held
to He Not Guilty Status of
the Frequenters.


an end as far as the Police Court is con-
cerned. Judge Whallon yesterday rendered
a decision, which held Toomey guilty of
operating a pooIoom and registering bets,
and assessed a fine of $50 and costs against
him. Toomey's ten employees were found
not guilty of frequenting a gambling house.
and the decision as to the 115 frequenters
of the poolroom, who were hauled TO the
police station like lot OF criminals in the
patrol wagon on Oct. 81, was withheld,
probably indefinitely. it is known that
Judge Whallon at no time has been de-
sirous of finding them guilty of the charges
on which they were arrested.
Probably no case of recent years has
aroused as much curiosity among the gen.
eral public as has the case of Michael
Toomey and his poolroom. With his de-
cision Judge Whallon has washed his
hands of the case, and it is now matter
of ancient history around the police sta
ton. Toomey, through his attorney, New
ton w. Harding, will appeal the case and
fight Ii out in the higher courts, as he is
not satisfied with the decision against him
in the Police Court.
Few arrests by the local police have
caused as much comment as did the arrest
of the 115 frequenters of Toomey's poolroom
on Oct. 81. and their subsequent ride to
the police station in the patrol wagon.
The citizens who were arrested were not
known gamblers, and they strongly re-
sented the action of the police in placing
them under arrest and carting them in the
police patrol down the principal streets of
the city on Saturday afternoon. when In
dianapolis was crowded with pedestrians.
DECISION IN FULL.
Judge Whallon's decision in full is as
follows:
1.-THE specific acts charged against De-
PENDANT Toomey in the affidavit, Keeping
room for pool selling, are three-namely:
"First-Keeping a room with apparatus,
books and other devices for the purpose of
recording and registering bets and wagerS
upon the result of trials and contests of
skill, speed and power of endurance OF man
and beast.
''second-Selling pools upon the result of
trials and contests of skill, speed and power
of endurance of man and beast:
"Third-Did unlawfully become the GUS
todian and depository. for hire and reward,
of certain money, property and other things
of value, staked, wagered and pledged as
aforesaid upon the result of trials of speed,
contests of skill and power of endurance
Of man and beast; ana the further charge,
"Fourth-Of Keeping a room TO be used
and occupied for gaming.
THE State in its evidence failed to es-
tablish in any wise that pools were at any
certain moneys staked and wagered upon
the result OF trials of speed, contests OF
skill and power of endurance of man and
beast, to w.t. certain horse races. We're
Michael Tooniey. The defense, in it's evil
dence, established that all money handled
by the defendant in that room was tele-
graphed to Covington, KY, TO one Mr.
Payne, and that the defendant merely
acted as agent or telegrapher
81 believe the law, however. TO be well
settled that any scheme or device resorted
to at one place for the purpose OF receiving
the money of persons deposited as a bet or
horse races at another place is betting al
the place where the money is received
Under the evidence, If the defendant Is
adjudged guilty of keeping a room for poo
selling or on any count OF the affidavit
the defendant necessarily stands convicted
of keeping a gaming house. for, II betting
upon such race is gaming, as 1t is, it fol.
lows that the room wherein such bets are
made and recorded becomes gaming
house, the keeping of which. under section
2l73, Revised Statutes 1901, is unlawful.
But the court believes that under q
finding of guilty a finding in one case Is
sufficient where the acts establishing the
one establish the other.
LAS to the eight nine employees, they
can no more be considered guilty of visit
ing gambling house than can the en-
plOyes OF a Washington street store be-
considered as visitors at that store.
FREQUENTERs OF THE ROOM
'As for the other defendants, the settle.
ment Of this case In this court or the
courts above does not require their con
viction, and the court in their cases ha:
taken into consideration the operation Of
this establishment for years to the oper
knowledge Of the public press, the polio,
department. through several changes of ad
ministration and through the terms of vari
Gus prosecuting attorneys, and the fac
if
| tives of the different newspapers as repre-
| sentatives of those papets, and that it hal
been visited daily by the police and By
| dozens and hundreds of reputable citizens
at one time or another, without thought o.
wrong.
"On this view of the case, the court ha.
10 absolve these defendants from persona
knowledge and intent OF violating a statute
and while Ignorance of law Is strictly M
excuse in the eye of the law. the cour
| justice would be subserved by their con
viction. After this public decision, persons
| found there would occupy a different posi-
| ton In the eye OF the court.
| by the nature OF horse racing itself
and more especially betting thereon, M
| doubt many are attracted TO serious detri
ment' but no more nor more seriously thar
| they are attracted 10 bucket shops or tn
/ Board or Trade which are as unlawful
(barring evasions and subterfuges) as a so
| nominated poolroom dare to be-
| 1T is the duty Of this court under tn.
| evidence as applied to the statutes to as
| sess against the defendant Michael Toomey
| upon the charge of keeping room for poo
| selling, fine of $50. Judgment upon III
1 other charge against defendant Michae
| Toomey will be withheld. as also the iudg
ments upon the charge as against the othe
/ defendants. and the bonds in all cases ar
4 hereby released
THE written undertaking of Mr. Wake
| is approved by the court and the same en-
| try is made against those. the payment o
| whose fines, should any be assessed h
i guaranteed TO the courts -