The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-05-16

'.;eA q. I 4 B'e;rns Fined (
the j, Second Sc; J, ,:,l,'::
irne.

l5ss5 II. b. Moore was In police court this
morning for filling up on dry, town
whiskey which q heavy set clean
sSshaYen glass worker OF Clarksburg
$gotsfo him In this city on Main street
between South Side Bridge and Mad
gisonS street 81 Moore said that he started
In yesterday evening about six clock
He with Writ schuck. Frank Smith
land RUSSELL Grimm tapped a keg of
Il beer that Raymond Culver ordered
& from the brewery on Thursday which
was delivered at Nose schuck's
home on Tenth street yesterday.
asst night Moore with several Of
Y his companions were standing on
Yeager's corner. They expressed
themselves as being thirsty for the
forbidden and unlicensed. Their con-
sxersation was overheard By a bystand.
,,Eaers who volunteered to get whiskey
for them The volunteer for seventy.
N N Ave Icents delivered one and one-half
pints to the men on Main street be.
tween Jefferson and Monroe streets.
II The man that got the whlskey said
that he would be in Clarksburg today.
sSnmlnonses were issued for several
witnesses TO appear in court Mayor
sNeel will trys5to see what Gun he
done with the brewery people for the
ssnllegeds sale. II
Moore was fined six dollars. a
Augustus NJ. Berns was fined 500
5nnd costs for maintaining a gambling
\: room In his hotel.fF This. fine was i'm.
Il posed on the same charge as the fine
imposed several mornings ngo. The
II city is not sure that it can sustain the
charge made in the former warrant as
q the supreme courts. of Virginia and
West Virginin have held that poker
g is not gambling. Games played on
"a B.: c. or E. o. table or faro bank
p or keno tables are gambling. The
distinction in the games is that In
4 poker the chances of winning are
seven n in the games where mechan.
Ssical devices, are employed the chances
/; ARE not even for winning. the man
who owns the devices has more
s chances to win than the man who
& plays the game.
The law governing gaming Is
1 found in chapter % Of the city ordi.
anances. Sections so. 81 and 53 read
the same as sections 1, and 9 In
chapter 151 OF the code Of West vir-
& ginia. These sections were copied
1 from the Code OF Virginia. These
,ssecttons have been interpreted by the
supreme courts OF both stntes. The
warrant issued for MT. Berns In the
first instance charged him with vio-
n slating sections SO and 81 Of the city
81 $ordlnance and he was fined $3.50 and
costs. The warrant this morning
charged him with violating section SIS
4 of chapter 27 OF the city ordinances.
(which reads: If the keeper of hotel
Il or, tavern permit unlawful gaming at
Ills house or any place appertaining
thereto or held Herewith. upon con.
sYictlon thereof he shall be fined not
less than twenty nor more than one
hundred dollars and In the discretion
d of the mawor may be required to give
security for. his good behaviour for
e cnnt year. Berus was given the max
Y inium fine with costs: The mayor
one year. Berns was given the max
SShavior for one year could be requided
,SSo OF you. shall not require 1t now. We
Swlll wait to see what the symptoms
at your place are and II there Is no
4 indication of gaming no bond will be
required. II 1t seems that game
is being maintained and operated Mt
place you Will be required to give
e for our good behavior for one year."
The mayor told Mr.. Berns that the
g city would not insist that both cases
i be tried In the circuit court. should he
appeal$ on the second fine.
Mr.. Berns was given chance to
Il have n hearing before the mayor on
the second warrant. The mayor said
+ II that the aamc evidence in this case
$$swould be introduced that was given Mt
the trial when he was fined $3.50 with
probably two or three additional wit.
nesses. The mayor said that on that
&5seyidence he had his mind already
4 made n up
MI Berns snid that 1t was hardly
worth while to have hearing II the
4 siimnyor4 had his mind made up before
the trial.
NJ !. Berns gave bond for an appeal
AZ ~. Kelley returned yesterday