The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1907-04-29
Attorney General Seeks
Writ Authorizing De-
struction Of Property.
BEFORE CITY JUDGE
Defense Questions Right of Mcmahon
to Sit in Case of This
Kind.

Attorney General Bingham is today
asking for a decision from Judge Nc
Mahon of the Hammond city court in
regard to the destruction Of the prop
erty seized on April Is, known as the
Dearborn Park stockade and poolroom.
The hearing was called at 10 o'clock
this morning, and all day the attorneys
battled in their efforts to bring out and
suppress testimony, and it was late be-
fore any decision was reached Attor-
ney Bingham was in charge of the
prosecution for the state of Indiana.
and from the battle front which he pre-
sented, he showed that he had given
the case considerable study and atten-
ton for many months
Defense Seeks to Block State.
Arrayed on the side of the defend
ants were Attorneys w. ]. McAleer
John Gavit and Abe Ottenheimer. From
the start the lawyers for the defense
sought to block the attorney general
in all his efforts, and in their cross
examination of the witnesses attempt
ed to prove that the building and
property might be used for other pur-
poses besides gambling. Before the
examination of the witnesses, they fl
ed a set of objections with Judge Nc
Mahon. which We're taken under adj
visement, and the hearing went on
with the consent of all parties concern
ed.
a number of prominent members of
the sporting fraternity Were on hand
to witness the opening hours of the
hearing. Bud White. with several
friends was present. During the
hearing the names of such men as Ben
Hyman, C. H Colby. Michael J. Hand
" and James r OsLearys T1Ee ed5sg ct
the sports. were brought into the case.
Three complaints against Hyman were
read, and three against Bud White.
Attorney General Bingham asked the
court to note the filing of the notice of
service. service and proof of service on
Ben Hyman, C. H. Colby, C. o. Smith,
James ]. OLeary, Montands, John d.
Burns, Michael J. Handy Thomas
White, George Williams, Ed Brandon,
Fred ]. Freck and Ernest B. Fleschfg.
Object TO Filing Notice.
The attorneys for the defendants OBJ
jected to the filing of the notices, as
they believed the court had no juris-
diction over the case. as the statutes
provide the manner in which the case
should come to trial, which should be
before a justice of the peace and not
a city court. They also said that be-
fore the destruction of the property
should be asked for, there should be
| a conviction. Also that a portion of
the property is real estate and that
Baker the owner, had never been ar
I.rested for the keeping of a gambling
house.
Twelve witnesses were then sworn
by Judge Mcmahon. w. w. Scott OF
Chicago was the first witness called by
| Mr.. Bingham. He testified as to the
serving of the papers on the defendant
and of talk he had with Ben Hyman
at his home as to the ownership OF
the property. Mr. Hyman had stated
that with G. H. Colby he was. the own
er, and the so-called Baker was q
mythical being and a cloud on the
title. Scott said that he had made q
search for Baker but had been unable
to find him, or any trace whatever OF
him.
Shine Is Called.
Bailiff Shine was then called to the
stand and a large chart of the stock
ade and property within was introduc-
ed as an exhibit. From the diagram
the bailiff told of the location of the
buildings, etc, poolrooms. bar. betting
booths. blackboards. charts and other
paraphernalia. He stated that wher
/ he went TO the place on Monday. Apri
15, he saw a large crowd OF people
which he estimated at from 200 to 500
AT this point other exhibits were in
troduced, namely, property seized By
the police. They included blackboards
telegraph instruments. tickets. mega
phone and the regular fittings. The
attendance sheet of the clerk told o.
the wonderful following of the game
For two weeks previous to the seizure
crowds OF from 500 to 500 were in at
tendance Bailif Shine told of tn,
serving of the papers. the meeting o
counsel for the defendants outside tn,
stockade. and of the arrest Of Whit,
and others on the inside. He said thai
White was at the book where only
| $1Oo bets were taken and that he hat
roll of about $4,000. He stated tha
from what he heard as he came int,
the building. he thought that pool wa.
being sold.
Crown Point BaiIiff Returns.
In the afternoon session, after tn
noon recess, Bailim Shine again tool
the stand and told of the plans and Law
out of the building. He stated that III.
license in the bar was under the nam
. of one FrecS. whom he found was III
watchman Of the premises. In III
cross examination he stated that n
estimated the property to be wort
| about $4,000. When Attorney Bing
ham again questioned him he state
that he did not think the propert
lwould be worth as much as that 70