Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-11-07

acre on CnaTSe OF VlOldtlOn Ol INC
gambling law of the District by
setting up and maintaining a
handbook on horse races termi-
mated this morning when the jury
appeared before Justice Stafford,
in Criminal Court No 1, and an
nounced its inability to agree.
In reply to questions by the court Fore
man Reiss said there were no questions OF
law uDon which the jury needed further
instruction. and he stated positively that
II would not be possible to reach a YER
DICT.
! Without further parley Justice Stafford
then discharged the jury from further
consideration of the case. Before the de-
| PENDANT or his counsel had left the room
United States Attorney Baker gave no
tiCe that he will call the case for another
trial at the conclusion of the Terra Gotta
case, which is scheduled to follow the
| trial of Mrs. Bradley on the court cal
| endar.
| The defendant, his wife and her friends
| who have closely watched every phase Of
the trial. were In the courtroom this
morning. The room was crowded with
spectators, who expected to hear a yer
| diet as d result of the night-long con-
| sideration of the case by the jury. No
report was made when court convened at
/ 10 O'Clock. however, and an hour later
| after disposing of another case, Justice
! STAFFORD ordered that the Jury be brought
! into court Announcement Of the dis
| agreement and the discharge of the panel
! followed
| Justice Saffords charge to the jury
was concluded at $40 O'Clock yesterday
afternoon and the jury was out aitogeth-
| er nearly nineteen hours. It was learned
that the jury on all ballots stood eight for
conviction and four for acquittal.
Arguments Yesterday Afternoon.
In the course of his argument yesterday
afternoon Mr.. Darlington said:
1T takes more than the simple state
ment that four or five men have called
up on the telephone and made wagers to
make of this mans home a gambling
| hell as the attorney for the other side
has characterize it, And Mr.. Car
rtngton dwelt upon the fact that Mr..
| Goodacre maintained the house at 92S
! New York avenue as his home and the
| home of his wife and child
Attorney Henry E. Davis. leading coun-
| sci for the defendant, entered upon the
closing discussion of Goodacres side of
the case at 1:O o clock. this afternoon,
and 1t was agreed that he and District
Attorney Baker should divide equally the
time intervening before the regular hour
for adjournment of court at 3 o clock.
Il may sit in the library at my home
with all sorts of charts of horse races
and racing. and other paraphernalia, by
which one may choose to make so-called
selections for betting at the race track"
said Mr.. Davis, and yet l not main
tanning a gambling house. The court will
tell you in his charge that the mere pos
session of those charts from the Morning
Telegraph, and Of the card which has
been described as IA parlay chart, is not
20 be taken proof of the offense al
| legged against this defendant"
Gambling House Described.
In a description of a gambling
| house Mr.. Davis said: 1T Is a house
kept for gaming purposes. and when
betting upon It horse race is the game
| the race itself must be proved to have
occurred And yet you will be asked
| to believe, because certain witnesses
| have testified they received money
| from Goodtcre on the basis of the win
| ming of wagers on horse races some
| where, that it Is an admission by the
defendant that the races took place"
Plea by United States Attorney.
| United States Attorney Baker made tn
| inal argument to the jury for the gov
| Inment. TOic!ng strong plea to tha
| WelVc men in the box to carefully con
s.der what he characterized d S the almost
| nContToVertible proof of Goodacre's
| guilt Mr. Baker thoroughly reviewed
| The evidence adduced by the prosecution,
| and claimed that the large payme ents OF
| money TO various persons by Goodacre,
| when II had bee ntesttied by the sam
| persons that they had placed bets with
| the defendant We're tantamount to an
| admission b. Goodacre that the races,
| IN which the bets were b sci, Were
| actually run. and that he was maintain
| ng at least a portion OF the house at 92>
| New York avenue as placa for tn
| receipt OF Wagers.
| Although the usual hour for adjourn
| mcnt of court had been reached at the
| conclusion of the United States attorneys
| argument Justice Stafford decided to
| give the case to the jury without further
| ielay and Immediately began his charge
| The court expressed the belief that the
jury would find the case comparatively
| simple OF solution, and reviewed the four
| counts of the two indictments on which
1t was submitted for final adjudication.
| Concerning the two counts of which
| charged the defendant with having made
a bet with D. William Oyster and the
| nn-r a bet with VIII II. Way. Justice
| Stafford declared 1t would be sufficient
| 10 take one as illustration of both.
| statement ny SouIt.
| The allegation is that on a certain
day (and the date is not materially the
| defendant made bet with Mr. oyster"
the court remarked. IF you find from
the evidence that the wager was laid 1t
makes no difference whether the race
upon which 1t was based was actually
dun or not. The offense was completed
| when the bet was Offered and accepted
Concerning the counts charging Good
acre with having set up Il gaming table
| and with maintaining gaming house,
the court instructed the juIy 1t would b =
| necessary to find that the races were run
! Throughout the afternoon Yesterday in
terest in the Goodacre tr al continued un-
| abated. and many of the spectators in tne
courtroom waited patiently from 40
O'Clock until nearly $50 o'clock when
Justice Stafford left the courthouse. Mrs.
Goodacre and several of her lady friends
were also in the courtroom until late
afternoon, and al! of them together with
the attorneys for both sides and the court
arranged to be summoned by telephone In