Evening star., 1907-11-05
Counsel Present Prayers for
Instructions.
PROPERTY OF THE COUNTS
Jurors Excused From Attendance
for the Day.
DESIRE OF THE DEFENSE
Decision by Justice Stafford on Legal
Questions to Be Withheld
Until Tomorrow.

All of the session today of Criminal
Court No. 1. the scene of tha trial o.
George l. Goodacre for alleged violation
Of the gambling law of the District, was
devoted to arguments by opposing coun-
sci regarding the propriety of certain
counts OF the two indictments. and 10
arguments concerning thu prayers for in
struction by the court TO the jury.
When both sides rested in the presen-
tation of evidence yesterday the jury
was excused subject 20 an order to r.
turn this morning, but because one OF
counsel peaded a part!Cu uiarly important
engagement it was agreed that court
should adjourn today upon the conclusion
OF the arguments, and the jury was aga.n
permitted to go. with instruction 20 again
be in attendance upon the court tomo.-
row morning at 10 O'Clock.
With occasional suggestions from his
associates, Attorneys Behrend and Car
r1ngton. Attorney Henry E. Davis. lead
ing counsel for the defense, devoted much
time to an effor, to secure ruling by
the court requiring the government TO
elect certain counts IN the indictments
upon which it would depend for con-
yiction and to eliminate all other counts.
United States Attorney Baker agreed that
1t would be sufficient for the jury to find
that the defendant made the wagers with
d. William Oyster and VIII Fl Way,
and that Goodacra maintained his off1ca
In house 92S New York avenue as Il gam
Ing table a gaming house but he
argued that the case should be submitted
upon the two complete indictments re-
ported by the grand jury
Justice Staffords decision on the legal
questions in the case and upon the prayers
will be announced tomorrow
Prayers of the Government.
The prayers urged by United States A.
torney Baker Were In part follows:
The jury are instructed that If they
find from the evidence. beyond reason
able doubt, that the defendant on the
date mentioned in the indictment. or on
any day within three years prior TO the
finding of the indictment, did bet or gam
BILE with a certain David William Oyster.
in the city of Washington. on the result
of running race of horses. they shall
find the fendant guilty under the first
count OF Indictment No. $3.50.
The second prayer is couched in the
same language and relates TO a bet al
legged to have been made by the defendant
Setting Up Gaming Table. .
The jury are instructed that if they find
from the evidence that there were at GER
tain race tracks in various parts Of the
United States, certain events or contests
called running races of horses, and that
the defendant did at a certain known and
fixed place in the city of Washington,
and before said races took place. bet and
tho
suit of said races, then they ara instructed
as matter OF law that the said receiving
of said bets at said certain places consti-
tutes the sitting up of gaming table.
and that the defendant is guilty under
count one of said Indictment.
The jury are instructed that IL they
find that the defendant at any time with
In three years prior to the finding of the
indictment had possession or control of
premises 92S New York avenue northwest
In the city of Washington, and that in
SAID house or In any part thereof there
were received by the defendant or by
some other person for him, bets or wagers
made by divers persons on certain horse
races about to be run, they are Instructed
that the defendant was setting up a house
1or the purpose of gaming and shall find
him guilty under the third count of the
Indictment
The jury are instructed that counts
one and three of Indictment No 1912 al
lege that there were, at certain race
racks III various parts OF the United
States, certain events or contests called
running races of horses; that before the
said races took place divers persons bet
and wagered with the said George l.,
Goodacre upon the result of said races
and they are further instructed that in
order to find said allegations beyond a
reasonable doubt. II is not necessary that
there be proof of said facts by eyewit-
nesses. If they find from the evidence
that the defendant. within the period
designated in the Indictment made any
wager with any person or persons upon
the result of any such running race of
horses. and that thereafter the defendant
received from any such person or persons
The amount So wagered. when it was un-
oerstood that the said race was lost, or
paid to any such person or persons the
amounts so wasered upon said race or
races the winnings which they would re-
ceive in accordance with the terms OF
the bet made. when 1t was understood
that the bet was won, they are instructed
that such action on the part of the de-
fendant is an admission by him, and
they shall find in the absence of evidence
to the contrary, that there were such
horse races. and that the bet wager
was accepted before the races were run p"
Asked by the Defense.
The instructions which the defense
asked that Justice Stafford give to the
jury include the following:
You are instructed that. in order to
find the defendant guilty on any count in
the Indictments. 1t will be necessary for
you find that certain races We're, in
fact. run es alleged"
Prayer No. is simply the antithesis OF
the first. stating that the defendant
should be found not guilty If the morse
races were not run alleged
In order to find the defendant guilty
Of setting up or keeping house for gam
ing. 1t will not be sufficient for you to
fnd that occasional betting done In
said house. but 1t will be necessary for
you to find that gaming was carried on so
continuously that you may feel justified
In saying that that was the business car
ried i'll the said house
You instructed that you are the
sole judges of the credibility of each and
every witness produced before you and of
the weight to be attached to his testi-
m0Ry.
You are instructed that at all times
mentioned by the witnesses produced be-
fore you. ii was an offense punishable by
fine or Imprisonment. or both. for any
person 10 make. In the city of Washing
ton. a bet upon any event; and that any