Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-11-04


New York avenue was only a residence
and rooming house, and was not used for
gambling
At 2:15 o'clock this afternoon the jury
was excused until tomorrow morning, and
the opposing counsel began their argu-
ment upon the points of law involved in
the case. 1t is probable that the closing
arguments and the charge to the jury by
Judge Stafford will be delivered tomorrow.
Reaching a climax in the presentation
OF evidence against George L. Goodacre
in Criminal Court No. l this morning,
District Attorney Baker announced the
termination of the government case.
The defense thereupon began the presen-
tation of its side of the case. Goodacre is
charged with violation of the gambling
law of the District by maintaining a
hand book and receiving bets on the
races.
Several important points came before
the court and jury this morning, and OPP
posing counsel were more than once in
heated arguments concerning the admS-
sion or exclusion of certain bits of evil
dence. Ever since the trial began the
government has strenuousiy endeavored
to get proof before the jury that horse
races actually occurred upon which Good
acre Is alleged to have received wagars
but it came much nearer attaining that
point this morning than at any time pre-
viously.
John f.. Schlosser employed as an as
sistant trainer by Mr.. Joyner. horse
owner, was the witness from whom this
testimony was obtained. He declared he
was present at the Gravesend race track
at the spring meeting this year, and he
saw the horses, Charles Edwards and
Jacobite, entered in races from his stable,
and saw them win. Charles Edwards, the
first race and Jacobite the fourth.
D. William Oyster, one of the govern
ment's witnesses last week, testiiled to
having placed wagers with Goodacre on
the horses Charles Edward and Jacobita.
Mr.. Schlosser gave the date of the race
as May 3d. but stated he had refreshed
his memory as to the date by referring
to racing guide.
Under interrogation by the court the
witness said the two horses named on
no other occasion during the, year raced
on the same day and won their events
Witnesses Recalled.
Several of the witnesses who testified
last week were recalled to the stand this
morning, and each one stated the races.
which have been frequently mentioned in
connection with the alleged laying OF
wagers, were running races"
Henry Smallwood was the first new wit
ness heard today, end after testl1ylns
that he had several times placed bets with
Goodacre by use Of telephone he related
a conversation which he claimed to nave
nad with Goodacre in which the latter
So. cited Detective Mullen and Sergt.
Lee as the only two police officers IN the
city of whom he was afraid. Snallwood
said In effect, that Goodacre conmIs-
stoned him to reach the two officers,
and prom. to give them each a piece
of money" if Smallwood could SO ar
range it," Much of the effect OF small
ne was compelled to admit. under cross
examination by Attorney Henry z. Davis
of counsel for Goodacre. That he had
once been in trouble and had oeen ar
rested on a charge OF grand larceny ana
that his right name is not smallwood.
but George Davis. The witness said
'Smallwood" is the name of his step
father. and he is generally known by the
laIters name.
Government Rests Case.
Serst. Lee also took the stand for
a moment, and he repeated remark
which he said had been made to him by
Goodacre as he passed the latter in front
Of the courthouse. He quoted Goodacre
amt you I'll fix you yet"
At II 10 o'clock District Attorney Baker
rested for the government. and the de-
Tense without prefacing its case with an
opening statement, cegan the examination
of witnesses. Attorney Behrend directed
the interrosatores. and four witnesses
were heard before the noon recess at
1890 o'clock.
It developed that nearly all Of the wit
nesses for the defense had been In the
courtroom during the several days OF the
trial. in violation of the order OF tn
court excluding all save character wit
uesses and vigorous effort was MADE oy
the government to have the testimony OF
such witnesses excluded. The point wa"
argued to considerable length, and Justice
Stafford finally ruled that the defensI
should not be deprived OF Lhe beneut O,
the evidence Of the four who We're called
during the morning session.
Evidence for Defense.
Kate Norris. a negro servant in the
house. testified she did not know tina:
Goodacre was in the house the day when
the raid was made by police of the irs,
precinct and when she told the officers
that Goodacre was in the country.
Clarence E. Gould testified he occupied
room on the second floor of the hous'
at 3os New York avenue during part of
house being used for any ether purpose
chan as roomin" house and residence.
Similar evidence was given by Georgl
Thompson, a clerk in the Treasury De-
| partment, who stated he rented a room
| on the third floor of the Goodacre estab-
| lshment. Thompson said he was many
| times present in the third floor back
| room, which Goodacre used as an Office,
| and he did not know the nature OF the
| business transacted there.
/ D;,.1-, hy.,.r var Ii ne
accused and a member of the District
fire department. testified he often visited
the Goodacres. and he was several times
| present in the third-foor room when
| Goodacre was talking over the telephones.
| but he never heard reference to the SUBJ
| ject of horse racing or of betting in these
| conversations.
Afternoon Session.
| At the afternoon session Attorney Ben
rend examined William II. Price, a
| guard at the house OF detention. and