The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-02-18

Of the board Of trustees, as he had
seen his name on the stationery; had
never performed any duties, attended
any meetings Of the board or no one
ever approached him with regard to
any business matters.
Victor J. Little.
The witness said he was a director.
but not by his consent; that he was
not present when chosen, had not
performed any duties as trustee,
and had not been approached by any
one with any business
On cross examination witness said
as soon as he learned he was on the
board he told the president he would
not serve, and requested that his
name be taken from the list.
Membership Not Necessary.
That ii was not necessary to be
member Of the DeLuna Club to OBJ
tain admission and gamble if they
Louis MarZoni, Ben II. FairchiId
Eugene P. Roch, Henry Muller, Chas
W. Forum. Roland Lee, Sam ROsenau
and Ed Forcneimer, all of whom
sNore, that they were not members
OF the DeEuna Club, had neved made
application or paid any dues, but had
gone there whenever they chose.
Each of the witnesses was cross
questioned by the defense regarding
making statements before County So
licitor Loftin and each acknowledged
that they had done so and had known
they would be absoIved from any
prosecution by making such state
ments.
Chas. Litn1an Called.
ChaS. Ldtman, the first witness
On led af he
he had gambled at the club two
months ago, or before the raid, and
that he did not know that II was
against the law. He said that he
was a Polish Jew. and had been in
this country for about Il years.
The state then rested.
Argument of Lawyers.
Judge Reeves then arose and
moved that the testimony Of McCu1-
Tough, BRAZIL, Brownson, Johnson,
and all other witnesses implicated in
the business of the club be struck out
on the ground that they, by their tes-
timony as submitted, were approYers.
He showed distinction between ap-
provers and accomplices, and said
that, according to the statutes, an
apprOveT has no place among state
witnesses.
Solicitor Loftin said that the men
who he had SubpOenaed to his ONCE
were in the dilemma of either telling
the truth CT being prosecuted for
perjury, and further, either to testify
or be jailed for contempt OF court,
After some argument upon the part
of the lawyers, Judge Beggs denied
the motion OF the defense.
Defense Offered No Evidence.
The defense having no evidence TO !
q Cd vzTff =
their final arguments, Moreno Jones !
speaking in behalf OF the defendant.
The Jury Charged.
Shortly after o'clock Judge Beggs |
charged the 1Iry as follows:
Gentlemen DE- the Jury; The infor- |
nation in this case contains five /
counts, each count charging the de |
PENDANT with a particular offense.
The first Ount charges him with /
feloniOusly having, keeping, exercis- |
ing and maintaining gaming tables /
from January tst, 1908, continually /
until December 18th, 1898, for the |
purpose OF gaming and gambling
The second count charges that the !
defendant on January LIST, 1908, and /
thence continually until December /
18th, 1908, did feIoniOUsE have, keep, |
exercise and maintain gaming room
for the purpose of gaming and gam i
bling.
The third count charges that the !
defendant on January LIST, 1908, and
thence continually ntl December
18th, 1908, having chage, control and
management OF the scond and third |,
floors of a three-stOr. brick building
on DeLuna street, btween Govern
ment and Intendencis streets, in the
city OF Pensacola, sad building hav-
ing no street numbr, did procure,
suffer and permit divers persons
named in the count t, play therein for
money and other v3Uable things at
games of chance.
The fourth count charges that the |
defendant on Januay Isl, 1903, ana /
thence continually mtil the 18Th day /
OF December, 1908. living charge, con
troll and management OF a certain /
place, to-Wit: the scond floor or q
two-story building IN the east side
of DeLuna street, between Govern /
ment and InteDdenca streets, IN the
city of Pensacola, tie lower floor OF /
which building was hen and there DC
cUpied by the Chamber of Commerce,
did procure, suffer and permit divers
persons in the count mentioned tOi
play therein for money and other val |
liable things at games OF chance.
The fifth count charges that the
defendant on January 1st, 1913. ana
thence continually until December
18th, 1908, did then and there know
ingIy rent to W. p. Bronson, Jonn
Brown, Harry Davis and Harry Jeh-
cite a room for the purpose OF gam
ing
/. If YOU believe from the evI-
deuce that the defendant from Janu-
ary 1st, 1908, and thence continually
until December 18th, 1903, or at any
time within those dates, did felon-
iousIy have, keep. exercise or main
tain, by himself, his servant, clerk or
agent, or in any other manner. gam
ine tables for the purpose OF gam
ing or gambling, then you VIII nna