The Jersey City news., 1905-04-20

upstairs who induced the Doctor to place
his money on Prince Richard He said
he had been in poolrooms before. but did
not know exactly how to bet, and was
not familiar with horse racing parlance.
Or. Walscheid testified that he went to
the place looking for information. In re-
sponse 10 questions of Prosecutor speer
he said he had but little difticulty getting
up stairs after telling the sentinel that he
wanted to put bet on u horse. Mr..
Lawrence, he said, mentioned the names
of several men who would vouch for
them. The Doctor said he found from so
to 100 men ina large room, some Of them
passing money through the apertures of a
large partition. There were racing cards,
charts, etc., around the walls, he said,
announcing what he took 10 be races in.
progress OF about TO start at City Park,
Memphis, Bennings and other resorts. A
man, lie said, came up to him and asked
him if he wanted to bet on horse and
advised him to put his money on Prince
Richards over the boards" When he
asked how, the man said, zone, two,
three" and in response to the query,
How muellg the man said SIS.
"A tout who thought he had an easy
mark, said the Prosecutor
81 don't know about his being a tout,
but think he did have an easy mark.
He hastened me, in fact pushed me, up
to one Of the apertures.
You flashed a rollg" interrupted the
Prosecutor.
NO; took S15 out Of my pocketbook
and hand took it through the aper-
ttre. Where is your cardy asked the
owner of the hand The man who in
duced me to put the money on Prince
Richard said, Use mine and l wrote
out my bet.'' The Doctor identified his
hand writing. He didn't remember
which horse won the race. He testified
to hearing such expressions as .Off at
Bennings,7 'sone-half.' . three-quarters,
'.home stretch etc. In tile commotion
he hardly knew what they meant. He
saw some one mark blue pencil around
the name Of the horse that won
Considerable stress was laid upon the
testimony of both Mr.. Lawrence and Or.
Walscheid as to the time consumed in
leaving the poolroom to notify the police
and the return with the police, each tes-
tifying that it could not be more than
from SIX to ten minutes, but on cross
examination it was shown that all that
happened could scarcely have occurred
inside half an hour. The Doctor adj
nlitted that in the excitement the time
may have flown faster than he thought
it did. He was unable to identify the
sentinel at the door. the man who induced
him to bet on Prince Richard, or the man
who took his wager among any of the de
PENDANTS, though he recognized several of
the defendants as being behind the parti-
ton when arrested during the raid. The
door, he said, was unlocked by some one
after Captain Cody demanded admit
tance, and the charts, cards, etc, which
had disappeared from the walls were
found behind the partition. He also de-
scribed the breaking in of the door at the
bottom of the stairway by Captain Cody
Captain Cody's testimony was con
fined to the raid.
In summing up, Counsellor Murphy.
after quoting from the Crimes Act as to
what constituted aiding and abetting, .
alluded to Judge Blair's charge in the
case Of the Sttae vs.. Fox for criminal
assault in which he declared one Of the
witnesses who stood BY and raised no
hand 10 prevent the crime was practical
" aiding and abetting, and as guilty as
the man who committed the crime, but
which decision was reversed by the su-
preme Court There had been no proof
submitted that any one of his clients had
aided;or abetted in gambling there had
been no positive evidence that any one
of his clients had actively participated