The Birmingham age-herald., 1905-08-15
.FEAG|N'S DECISION
 ABOUT GAMBL|N Holds That All Games of Chance Are Illegal FINED TWO MEN S25 They Were Playing Whist For a Din ner on Third Floor of Peerless
 Saloon Building satur-
 day.

The most prolonged trial in the police court yesterday was that of seven men arrested by Chief of Police wier and Police Captain Johnston on the third floor of the Peerless saloon building Sat urday afternoon. After hearing all the evidence Judge Feagn assessed q fine of s25 each against two of the men, Max Robinson and Henry Williams
 The evidence given by Chief Wier and Captain Johnston was to the effect that they had entered the rooms by means of the elevator and had found four men playing cards around a table Chief Wier stated that he had seen chips on the table and also some bills which were picked up and pocketed by man named Abe Liddon when the policemen approach ed the table. The chief said he had told Liddon that the latter would have to give up the money, but Liddon had only laughed and passed the matter off as a joke, seemingly. Witness said he had de- manded an explanation and that Joe Frank, who was playing in the card game, had said that he owed Liddon s15 and the money on the table was the pay ment of the debt.
 Often Went to Club.
 Captain Johnston stated on the stand that he had often. been in the club room over the Peerless and had seen whist playing such as was going on Saturday afternoon. He had never seen any money put up on the games but could not say that the game Saturday was not for money He had not seen any money ex- changed and the chips he saw he sup posed were used for counters.
 Every one of the defendants in the case, whose names were Robinson, Williams, Roberts, Kelly, Stanley, Slack and Lid don, testified that the game was not for money. Williams, however, said that two of the men in the game had played for the dinners. and that he thought Roberts was one of them. He later said that he was not certain which of the men had played for the dinners, but that he thought 1t was Robinson.
 After hearing Williams second state ment Judge Feagin fined the witness and Robinson s25 each, as, he said. playing for the dinners or anything of value was a violation of the city ordinance against gambling.
 Play for Drinks.
 One of the men under arrest made an argument to the judge claiming that it was permitted to throw dice for drinks and cigars and that the city of Birmng- ham issued licenses to bar rooms grant, ing them the privilege of having domino 1 games for which the bar rooms could 1 give checks worth a drink each. He said the loser paid the bartender for all i checks at the end of the game. Judge Feagin said that such privileges were not lawful and that the City Coun- i ell could not issue licenses for any games l that were to be played for drinks or any i thing else of value. Such were clear cases i of gambling In his opinion and If any 1 such cases came before him he would be compelled under a decision of the supreme court, to hold them as clear cases of gambling. Judge Feagin said that the supreme court had held that a young man who took chances In a raffle at a church supper. by throwing dice for a cake, was guilty of gambling The case had been ably argued. Judge Feagin said, and the supreme court had held that it was gambling. Judge Feagin closed by saying that If the city was issuing licenses for playing for drinks 1t should be stopped before parties taking out such licenses were convicted, as they surely would be- under the law.