Evening star., 1907-10-16
Meets Statute Requirements


used in the indictment in that count. and
as 10 that count l certainly think that
while the pleader might have made 1t more
specific. that the words used are sufficient
TO indicate what the defendant Is charged
with and TO indicate an offense under the
statute.
The word bet is defined by Webster's
international! Dictionary as follows: TO
stake or pledge upon the event of a con-
unSent issue; 10 wager. This implies that
something of value is put up as a stake
or wager.
The word gamble in the same diction-
airy is defined as follows: To play or game
for money or other stake.
Il also find that there are a number of
decisions that say that the word bet i'm
plies that something OF value was put up
For Instance, il the case of Long
against the state. % Texas appeals the
court defined the term bet to be a mutual
agreement and tender of a gift of some
thing valuable which is to belong to one
or the other of the contending parties
according to the result of the trial or
chance OF skill. or both combined: and it
was held IN that case that an allegation
that the defendant bet at the game neces-
sar.-y included an averment that he bet
sOmg thing of value
so that so far as this cause of the
motion is concerned / think that the
first count Is Il substantial count charg-
Ing this defendant with having violated
this section Of the act.
Indictment Is Clear.
THE gist Of the whole offense is betting
and that is clearly set out in the indict-
Vent II seems TO me that that count is
3ar enough TO indicate to this defendan,
tss.at he is charged with. and is clear
IAough TO protect him from reindictment
Cor the same ofrense.
Now as to the other two counts. the
reasons set out in the motion are that
they are insufficient. The defendant is ac.
cused of bookmaking or keeping a gaming
table. the language of the indictment be
Ing clear that he did unlawfully set w
and keep certain gaming device. to wit
a device called bookmaking. That is thai
he set up table contrivance called
bookmaking. or some kind of scheme. anc
think in regard to that the law has de
fined already what is set up in that count
OF the Indictment.
In the case of Miller against the United
States. 9th Appeals. Chief Justice Alvey
defined what was necessary TO constitut,
table.
In the absence of any other authority
j am inclined to take this
Meaning of Bookmaker.
II find also that the word bookmake,
IL defined In Websters International DC
tionary follows: A betting man VIII,
makes a book; and IT defines the word,
to make book as follows: To lay bets
recorded in pocketbook, against the sue
cess OF every horse. so that the book
maker wins on all the unsuccessful
horses, and loses only on the winnins
horse or horses
The facts, OF course. may not sustain
that in this indictment. but II that de
fC fg man To
carrying on that business.
so | think that that count, and ais,
the third count, which Is the same, ex
cept that 1t is a table. instead of a house
must be sustained.
Now. having these views as to the def
nitions OF the words bet. gamble an,
bookmaker. / think that this indictme Mt
90 far as the matter alone is concerned
n good. and that IL is not subject TO b
quashed on motion. 1t Is clear to tn
court on reading these counts that the of