The Washington times., 1905-10-29

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poolroom case. Arthur Wall :
was on trial on the first of five in
dictments, charging him with vio-
lating the laws of Maryland by
promoting gambling The jury re-
turned a verdict of mot guilty.
and the judge scored them most un-
mercifully for it. and promptly
granted District Attorney Magru-
der's motion that the trial of the
remaining four indictments be post
rcned until q future term of the
court
The question at issue hinged
technically on the responsibility of
telegraph company for the use
and destination of money transmit
ted over its wires. The jury was
asked to decide whether a telegraph
company charged with accepting
money for transmission over it's
wires for betting purposes could be
held for promoting gambling.
The Maryland law on the subject
reads:
'It shall not be lawful for any
Person or persons, or association
of persons, of for any corporation
within the State of Maryland, to
bet, wage or gamble, in any manner
or by any means, or to make or sell
a book or pool on the result of any
trotting, pacing, or running race or
horses or other beasts, or race con-
tests, or contingency of any kind,
or TO establish, keep, rent, use or
occupy, or knowingly suffer to be
used, kept, or rented or occupied,
any house, building, vessel, grounds,
or place, or portion of any house,
building, vessel, grounds or place,
on land or water, within the State State
of Maryland, for the purpose of
betting wagering or gambling in any
manner or by any means or making
or selling or buying books or pools
therein or thereon upon the result
of any race CIR contest or contingen-
cy, or by any means or devices
whatsoever TO receive, become the
depository of, record or register, or
forward, or purpose or agree or
pretend to forward, any money, bet
wager, thing, or consideration of
value to be bet, gambled, or wager
ed In any manner. or0by any means
or device whatsoever, upon the re-
suit of any race, contest, or contin-
gency, and any person violating any
of the provisions of this section shall
be deemed guilty of misdemeanor.
and upon conviction thereof be sub
ject to fine of not less than two
hundred dollars, nor more than
one thousand dollars, one-half OF
said fine to go to the informer
nlent in Jail for not less than six
months nor more than one year, OF
both, and imprisoned in the discre-
tion of the court"
The jury held that a telegraph
company has no means of knowing
for what purpose money transmit
ted over its wires is to be used, and
has legally no right to refuse to
transmit any money or any message
given il for transmission Judge
Merrick held that in this particula,
instance the telegraph company
knew perfectly for what purpose
money was alleged to be transmitted
over it's wires inasmuch as the
Maryland Telegraph Company wa.
organized to receive race news ovel
its wires, and TO transmit racing
bets.
The Kenilworth Citizens Associa
ton asserted and believed that 4
had proved that the Marylan,
Telegraph Company, of which Ar
thur Wall, the defendant, is pro
prietor, was not a bona fide tele
graph company, but merely a cloal
for a poolroom. They contende,
that the Telegraph Company ex
listed only to receive bets on tn
AeA~NSs POoiCu 1loiuC "
the door was a notice to the effe,
that kilograms were received for al
points as a matter of fact telegram
were declined if addressed anywher
but to Harpers Ferry, and that thos
were never sent; that all the tele
graph blanks in the place were mad
out ready for use. addressed to on
T. E. Lee at Harpers Ferry, an
that no message addressed in an
other way was accepted.
The Times has no interest in tn
matter beyond the interest Of an
law abiding citizen or corporation
II is case that has aroused intens
feeling in Prince George county
Citizens of Kenilworth object strenu
ously to poolroom in their mids
They were bitterly disappointed 1
hn TOT hal