Daily press. [volume] (Newport News, Va.) 1896-current, 1905-09-08
JUDGE BARHAh 10 j
DECIDE q ] QUESTION
;.J 49,, -,
Attorneys for Cliff Robinson Ap.
peal Gaming Room Case
TO Corporation Court.
MUCH DEPENDS UPON RESULT
Validity Of Stringent Ordinance Adopt
ed by Council Hinges Upon Final
Decision-PoIice Justice Brown
Finds Robinson Guilty and Imposes
Fine Of FIFTY Dollars.

Upon the final decision in the case
OF CHI Robinson depends the question
OF whether or not Attorney b. u.
Semmes was right when he said that
the city ordinance prohibiting the
maintenance of gaming rooms was
mot worth the paper 1t was written
upon" In the police court vest erlav
afternoon Justice Brown found Robin
son guilty of violating the city orli
nance and fined him $40. saying as he
rendered his decision that it was moi
ior MIN to decide upon the conStiiu-
lfonallty OF the measure passed. by thu,
council and that it had been clearly
proven that the accused had heen cor
dnetitlg a gambling room. I,
fobinson's attorneys noted an appeal
to the Corporation Court and during
the coming term Judge Barhnm will be
| called upon to settle the case. In mo
meantime the gambling paraphernalia
| seized by the police when Robinson s
place was raided last Saturday night
VIII he held as evidence.
This case was called in the police
court yesterday morning and several
witnesses were examined: then court
! adjourned until 3 o'clock in the after.
noon. when the trial was resumed. CITY
Attorney Massie prosecuted and Attor.
neys c, Aylett Ashby and B. b.
Semmes appeared as counsel for the
defense.
| Sergeant Mitchell and Officers Jones
and BOSWELL testified concerning the
raid upon the place ut 211 Twenty
seventh street, made by them Saturday
night, when they found Robinson in
charge and game Of poker i'm pro.
gress.. Nearly n dozen men who were
III the game had been summoned to an.
near as Witnesses, but only five of
! lnem were placed upon the stand All
admitted that they played at the place
anu talked about being members of a
club 1t seems that the possession of
Key 10 the door OF the gaming room
constituted membership in the club.
The, defense put on no evidence and
as soon as the last witness for tho
city, had been heard. City Attorney
Massie opened the argument. He
briefly stated that the city had proven
a case and asked that the accused be
| found guilty. making no reference ia
the question Of the legality of the ordi.
nance under which the warrant against
RohinsOn was drawn.
Mr. Semmes opened for the defense
and was followed by Mr.. Ashby, both
OF them dwelling particularly upon
the legal question and touching lightly
upon the facts. They declared that
me city had failed to prove that Rob.
inson kept and maintained tho place
| raided, but insisted that even if This
had been proven no case of violation of
a law had been made ont.
Under the laws of the State polier
Is not unlawful unless person wins
OF loses as much as $50 within twenty
Jour hours and the attorneys introduc.
cd authorities TO prove that city can.
not enforce ordinances which conflict
with State laws. They also referred To
the section of the new constitution
winch prohibits the Legislature from
enacting criminal statutes for certain
cues. or counties. holding that in
adopting the ordinance in question the
city; had attempted, to do something
winch the Legislature itself cannot do.
2, IN reply Mr.. Massic vigorously con.
TENDED that the council had not ex.
ceeued It's authority in adjoining the
ordinance and in. addition 10 other
| authorities cited a section from the
city charter, granted by the Legisia,
tpre. In, prescribing the powers of the
City council and. the nature of the
measures that body shall have the
right to adopt and enforce, section 40
or the charter says: "To re-.
| strain .andppunish drunkar,ls, Migrants;
and street ,beggars; to prevent vice
and immortality; TO preserve the peace
and good ORDER to prevent and qucll
riots, disturbances and disorderly as
seInDlagcs; TO suppress houses of i'll.
Iamo and gambling houses, etc"
7 Justice Brown rendered a rather
lengthy opinion, explaining that he did
mot know whether or not the ordinance
was constitutional and that even if he
should express an opinion on the sub
Ject it would bind no one except him.
sell AS the fine imposed was only $50
ne said that bond of $3.50 would be
SUFFICIENT for Robinson 10 give for his
appearance In the Corporation Court.
Robinson, viii give the bond in the DO,
lice court this morning.
u. PocAHohTAs COMING BACK.