The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-07-27
GAMBLERS GIVEN
VARYING DOSES
Judge Smith Saves His Choice
Sentences for the Worst
Offenders.
Denies Some Of Them Option of
a Fine Compliments the
Police.

Judge =. l.. Smith, in police court to-
day, indicted his belief that there are
different, classes Of gamblers. The ten
houses Were before him nn. fo9r Sentences Sentence.
In fixing their punishment, the Judge
held that some, by their methods In
conducting their places and their de-
meanor and veracity on the witness
stand, were entitled to consideration
which should be denied others whose
places were pernicious and whose testi-
mony was perjured.
In all the cases, however, Judge Smith
evidenced desire sto supplant the Ad-
mlnlstration in its effort to stop gam
bling in Minneapolis.
The men arraigned for sentence were:
Charles LOOMS, Carl Blake, Louis
Wylie, John Webster, Franklin Mey-
ers, Frank Bates, Ed Etewart, John
Tuhey, Charles Baxter and Fred Bar
rows.
Loomis Gets Option.
Loomis, Judge Smith said, appeared
evidently had not perjured himself to
avoid workhouse sentence, so he SEN
fenced him to fine of 500 or fifty
days.
Carl Blake and Louis Wylie, Judge
Smith said, conducted the most serv-
icious places where faro was played,
and also had perjured themselves, so
they were given fifteen days straight.
Franklin Meyers, in whose cigar store
a smear game was conducted, got $40
Fred Barrows, SIS or twenty-five days
each; Frank Bates, fifteen days straight
because his place was most frequented
by laboring men; John Webster, col
o2red, who pleaded guilty, $75 or ten
days.
Judge Smith complimented Pa
t hol Oscar Martins9n and Special
work they did in collecting evidence.
Former Judge Kerr's Plea.
Knowing that the municipal bench
had in previous gambling cases an
1o1I the policy of straight work
house sentences for convicted gamblers,
former Judge w. A. Kerr made a strong
plea to save his clients from imprison-
ment.
In scathing terms he rebuked the po-
lice for their methods of securing evil
dence against the men on trial, saying
sthat if the states evidence had shown
that gam bling existed that gambling
was INDUCED In at the instigation OF
the police;
officers of the state or municipality
PoA PoSOiy 1AoOlSdOOr al lulIdCLlOu VI
the statutes, the state cannot then con-
strue<sthe ilfraction as a crime and
[ pToSecute the offenders. The evidence
| in this case shows that the police en-
gagged professional gambler to gather
the evidence. He was repeatedly refused
;admittance to many of the clubs, Inc
which he alleges that gambling was car
ried on and he admits that the games
he played in were started at his re-
quest. The decision of courts denies
the right of the state to prosecute in
cases where the crime was suggested
and aided by the person acting for the
state.'
Says Gambling Was Private.
Judge Kerr then quoted several de-
cisions upholding his view of the case.
if there was gambling it was not pub
lie, and that the statutes intended only
to prevent public gambling. In these
cases, if there was gambling it was
only of a private nature between mem
| beers of the clubs, and that, by fabri-
cation, Charles Stockwell, under prom
Use of a position on the detective force,
none Of these clubs, said Judge Kerr,
was stockwell allowed to play. and
only common decency prevented the
members from ejecting him bodily.
The testimony Of Stockwell in the
case against Carl Blake and Louis Wy
lie, who occupied the quarters of the
old Metropole club, Judge Kerr said,
was all false. He then pointed out
alleged discrepancies in the new detec-
tive's testimony. In regard to the ar
rest of Franklin Meyers for running
smear game in his cigar store on
Third street, Judge Kerr said that the
game might technically infringe on
ppere OF but ths ths
in progress in many cigar stores in
Minneapolis.
City Prosecutor Finney, who has
marshaled the avidence against the
defendants, contended the right of the
city to hire anyone it chose to obtain
the evidence, in that all of the police
officers were well known.
Nearly two hours were occupied in
making the arguments, and shortly af-
| ter noon the court was adjourned until
2 O'Clock, when sentences were pro-
nounced.