Evening star., 1909-03-02
WADE LOSES APPEAL
Court Confirms Conviction of
Conducting Bucket Shop.
lehman BUILDING SAILS
Contract Must Be Carried Out as
Lower Tribunal Decreed.
CONDEMNATION AWARD STANDS
District Commissioners Defeated in
Monroe Street Extension Case.
Patent Cases Decided.
CONDEMNATION AWARD STANDS

The District Court of Appeals in an
opinion by Chief Justice Shepard, today
affirmed the conviction of Percy Wade
charged with keeping a place for gaming
by conducting a bucket shop where
wagers were made on the rise and fall
OF stock quotations
The demands O. this case. saws the
chief justice. do not require the court to
determine whether one conducting
bucket shop sets up or keeps a gaming
table within the definition Of the statute.
Assuming for the purpose OF the argu-
ment only he continues. that the ticker
and blackboard as used do not constitute
a gaming table, yet IL the transactions
of the bucket shop constitute gaming
one who keeps place where such trans
actions are carried on Is punishable by
the terms OF the statute. The scheme il
or bets on an uncertain event. namely,
the probable rise Or fall of the market
prices OF the things pretended to be
bought or sold.
Betting and wagering Of this kind
constitutes gaming in the ordinary sense
of the word. Notwithstanding it may he
carried on under the guise of trade con-
tracts. Such contracts have been uni
formly denied obligation in civil actions
on the ground that they are illegal and
against public policy
'Entertaining no doubt" concludes the
| opinion. that the transactions of Wade.
as charged i'm the indictment, constitute
gaming, it follows that by keeping a
place where such gaming was conducted
he brought himself within the letter OF
the statute"
Lehman Building Sale Contract.
The appellate court also affirmed the
action of the District Supreme Court.
joa, a. I,.,
Miss Isobel r. Lehman of contract 10
sell to Thomas r. Jones. former presi
dent of the National Savings and Trust
Company. for 100000, the Lehman build
| ing, on New York avenue near 18th street
Miss Lehman declined to complete the
sale. among other reasons, because of the
| refusal OF her mother, Jeanette r. Len
man, to join in the conveyance.
| The opinion, written by Justice Van
Orsdel, declares that although specific
performance DEGREES are in the the dis
cretion of the court largely. there is no
room i'm this case for the exercise of such
discretion in favor of Miss Lehman. Tie
| consideration, he says, was fair. and Miss
| Lehman was advised TO consult counsel.
| which she did. before signing the contract.
Other opinions affirming the lower court
| we're:
Van Fleet agt. King: City and Subur-
| ban railway agt. Cooper; Scheckler agt.
| Washington Brewery Company; Stubble-
| field agt. Stubblefield: Dumas agt Clay
| ton, and BalSon agt. Cox.
District Commissioners Defeated.
The appeal of the District Commission
ers from a verdict confirming the award
of jury in the matter of the condemna-
| ton Of land for the extension Of Monroe
street, i'm Anacostia, was dismissed.
| The decisions of the commissioner Of
| patents i'm the case of Johnson aSt. Whe-
| Ian and on the application of Daniel B.
| Luten were reversed.
| Affirmance of his decisions were made
| in the following cases: In re New South
| Brewery and Ice Company; Pierce agt.
| Hiss: Rolfe agt. Leeper e casesD, and
| General Railway Signal Company agt.
| Thullen.