The San Francisco call., 1908-03-05
CROWDS FLOCK
TO HAYES TRIAL
Detective Makes Strong Wit
ness for Alameda Civic
League

ALAMEDA, March Ain the pres
courtroom the taking of testimony in
the case Of George Hayes. who was
arrested at the instance of President
E. J. Holt of the Civic league and
charged with having participated in a
percentage poker game conducted in
William Zingg's resort in Park street,
was begun today. Among the inter-
ested listeners to the testimony were
Rev. L. Potter Hitchcock of the First
Congregational church; Rev. L. p. Rus
sell, First Baptist; Rev. WiIlsie NJ. Mar
tin, First Methodist. and Rev. p. c. Mac
farlane of the First Christian church.
District Attorney Everett ]. Brown ap-
peared for the people. Attorney A. l..
Frick represented the defense.
The first witness put on by the prose-
cution was S. d. AicQuaide of Curtin 8
detective agency of San Francisco. Nc
Quaide testified that he played in the
poker game and procured the evidence
on which a warrant for the arrest of
Hayes was Issued McQuaide proved to
be an able witness, and although At
torney Frick subjected him to a search
ing cross examination for three hours,
the attorney failed to damage the evil
LONG ~sITTINGr
The witness testified that December
23 1907, he sat In a percentage poker
game from o'clock in the evening un-
til o'clock the next morning and
that the players included Councilman
c. P. Magagnos, Nick Reinecker Jr.,
William Prizes, Ed Vallejo and W. c.
Kessling. McQuaide said he won $3.50
and that when the game broke up in
the morning he received cash for his
chips from Burt o. Clark. after George
Hayes, the keeper of the game, had
taken a "rakeoffv for the house
When Councilman Magagnos took the
stand he admitted having played poker
in Zingg's place, but declared that he
had no recollection OF having played
poker from 9 o'clock, December %, un-
til o'clock the next morning Mag
agnos admitted having played poker at
times with McQuaide.
William Prizes testified that he had
taken hand" in the game, but that
he considered that amounts taken out
Of the various pots by the keeper
OF the game were not percentage but
sums to defray the expense of whisky,
cigars and sandwiches served the play
ers by Hayes and Clark.
Burt o. Clark made q poor witness
for the prosecution. He explained that
ne could not recollect whether or not
he had paid out money to McQuaide
for poker chips the morning of De-
cember "a
MEMORY IS POOR
Nick Reinecker Jr. was the first wit
ness TO take the stand for the defease
He testified that he played in the poker
game, but said that he could not re-
call from whom he had purchased
chips. The witness also said that he
had taken about IL drinks of whisky
during the night, but that he was sober
enough to observe all that was going
on. He asserted that he believed Nc
Quaide was under the influence o1
liquor when the game broke up.
Edward Dean, proprietor of the Park
hotel, also testified for the defense.
At o'clock this evening the case
was continued until Monday morni al
$50 o'clock.
From the line of questions asked
today by --ttorney Frick IT is sur.
missed that the defense will make ar
effort to show that the percentart
taken from the poker games was no,
taken for the privilege of playing II
the games, but was taken to nav fo,
liquors and sandwiches served.