The Indianapolis journal., 1903-11-03
Supt. Kruger and Prosecutor Holmes
EndeavOr to Have Judge WhalIOn
Declare Bonds Forfeited.
STAND TAKEN BY JUDGE Afford
HE INSTRUCTS GRAND JURY TO IN
DICT If 1T Is POSSIBLE.
Instructions of the Judge Given at
Length-POlice Raid PoolrOom
Again i'm Afternoon.

w. Toomeys place appeared in Police Court
yesterday morning TO answer the charge of
visiting poolrOom. Their attorneys, Tay-
lor Groninger and w. n. Harding, by ask
ing for continuance started contro-
versy Both Superintendent Kruger and
Prosecutor Ira Holmes asked Judge Whal-
lon to declare the bonds of the defendants
forfeited if they did not respond to their
names. Mr.. Harding argued that the de-
PENDANTS did not need to appear until their
cases were set for trial. Judge Whallon
continued the cases until Nov. r. and said
that all the defendants would be required to
appear in person at that time.
Toomey has retained Harding, Hovey &
Wiltsie besides Elmer Marshall for his at
torneys, and will make a hard fight. His
contention is that his place is in
gambling house. but a legitimate tele-
sraph company, organized under the laws
of the State of Ohio for the purpose of send
ing propositions on horse races, which are
given him by his patrons to a bookmaker at
CoVington, Ky.
JUDGE AFFORDS REMARKS.
When the grand jury for the month of
November assembled in the Criminal Court
room yesterday morning it received special
instructions from Judge Afford on the oper-
alton of poorooms in this city. He said
that the fact that prominent citizens were
arrested III Mike Toomey's place last Satur-
day should not prevent the grand jury from
returning indictments against them II 1t
believed these guilty. His instructions
TO the jury were as follows:
Il desire to call the attention of the
grand jury especially to the case of the
running and operating of a poolroom in
this city, where. 1t is said. by means of
papers, books, slips and blackboards con-
tanning the names of horses and their jock
eys In horse races run in other States, are
posted upon said board in said room, with
the odds of betting at the track where
said race is taking place, and also in some
instances with odds known and said to be
local, and il is claimed that men and boys
are permitted and invited to pick out the
horse they desire to bet upon and also the
odds they may have in taking the different
bets; and in said room, after selecting the
horse and the odds, ii is claimed that they
are permitted to pay the counter in
this room their money, and are given slip
of paper by the manager of the place show
ing in uncertain terms the bet made; that
they post upon said blackboard the time
for the beginning of said race and the horse
winning. and that in very few minutes after
the posting of the winning horse the win
ners that have made bets and posted money
are paid back over the counter the money
put up and won.
DUTY OF GRAND JURY.
81 instruct you that it is immaterial
where the race is run. whether in this
State or out of it, If you find the facts
as 1 have stated, it is your duty to indict
all the persons engaged in running this
business or operating a poolroom under
Sections 2l79 and 2117, and also for operat-
ing a gambling room, and to indict all men
you have evidence showing them to have
visited said places for betting purposes. for
visiting a gambling room, under Sections
2OS9 and 2177.
"It is not material for you to inquire into
the alleged purpose for which the managers
of his place have their business incorpor-
ated, but only to find out the kind of bust
ness they are carrying on and from this,
and this alone, act Each day of operation
| is made separate offense under the stat
ute. Men may organize and incorporate TO
run a church and Sunday school. and such
| organizatio is legal under the law, but
when they use, or attempt TO use, such or
ganization or Incorporation as a shield or
| blind to carry gambling and other vio-
| lations of the criminal laws of this State.
! their organization and Incorporation are
/ not even to be considered when it is shown
| that they are violating the law.
1T is possible to enforce all laws when
all branches of the government and persons
| in authority are in harmony ana honestly
| endeavor to reach the same end l am
| informed by the public press that raid
has been made upon place OF TINS klnu
| in the city and many arrested, and mat
the proprietor and manager OF the place ;lce
| all charges of gambling to the last emu
| If this be true, the last end must be In this
| court. -
| .'I. therefore, now instruct you that if
| you can find evidence warranting 1t, to
| indict all these parties without regard TO
person and return indictments into this
| court, to the end that If 1t is battle or
| law or lawlessness; battle to show the
| power and supremacy of law in our county,
| or the power and supremacy OF the man
| ayers of this place, 1T may begin at once
| do not let it be said that this court
! and grand jury can be used as him
! drance, or a bar. to a fair and impartial
| enforcement of all the laws, but show that
| the grand jury and all officers stand ready
| to begin the battle for the right and the
| upholdng of the laws.
/ IF any member of this grand jury mas
| any interest in these cases. or bias. or
| prejudice, against the enforcement of these
| laws, 1 ask him under his oath to make 1t
| known now TO this court, so that TINS
| court NAV have men upon the grand jury
| in favor of a fair and impartial enforcement
| of the criminal laws OF this State.