Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-01
MOTION, OVERRULED
PERCY WADE Is DENIED AR
REST OF JUDGMENT.

Justice Barnard, in Criminal Court No.
2 today overruled the motion in arrest OF
judgment recently argued in the case OF
Percy Wade. convicted of setting UP
gaming table by conducting a bucket
shop where wagers might be made on the
fluctuations of the stock market quota
tions. He postponed until Monday the
imposition of sentence.
1t is understood that, viewing the case
as test for the purpose of settling the
question of law. Justice Barnard is dis
posed to impose a short Jail sentence of
about thirty days upon Wade. II has
been suggested. however. that If his coun-
sci will accept the courts decision as set
thing the law and will not prosecute an
appeal the court may be induced to sus-
pend sentence.
Whatever action Is decided on will be
followed in the case of the Ave other
brokers now under indictment for similar
offenses. 1t is expected. IL no appeal is
taken. the other men will enter pleas of
gu lty and have the sentence suspended.
Justice Barnard in his decision declares
gaming" and gambling to be sub
stantially the same thing. and the keeping
Of a house for gaming an offense against
section S6J of the code. AS the courts
have held. he said. that the transactions
which occur In bucket shop amount to
gambling. then IT seems logical to say
that the man who keeps A place for such
transactions keeps a place for the pur-
pose of gambling. That is. for the pur-
pose of accommodating customers who
frequent his ONCE and who for consid-
GRAFTON have the use of all his appliances
for the pun pose OF carrying on their bet
ting or wagering contracts and that such
a place as that is what Is made unlawful
by section 865.
Courts Comment.
1T seems immaterial." said Justice Bar
nard. las to what form gaming may as
sumo. The essential thing is the risk ng
o. money upon the happening Of some un-
certain event. 1t is not. important that
the people who risk the money must also
control the ancerfain events rhe uncer-
tainty may depend upon sohiething with
which the people who risk the qacneysor
the people who keep the place foF-ganing
have nothing to do.
Congress" concluded the court. may
not have intended to include the business
of a bucket shop I'm section sS5 when It
was passed but whether that Is true or
not IL the business Of a bucket shop comes
fairly within the definition OF q place for
the purpose Of gaming. then II should
be so construed, for Congress may have
'builded better than IL knew. At the time.
however. Of the re-enactment In the code
our Court of Appeals had gone long way
I'm constituting the act, as shown In the
Miller decision.
II am not able to see that there is any
substantial difference between the word
gaming and the word gambling. and
am of the opinion that the law was cor
rectiy stated to the jury In this case and
that if the place kept by the defenoan''
az RI which there seems to be no doubt.
was what has been defined as a bucket
shop. II is a place which renders the de-
PENDANT liable to punishment under this
penal statute.
u nay;. and I E Laskey and the gov
eminent by United States ATTORNEY Baker
and Assistant United States Attorney
Stuart McNamara.