The Washington herald., 1909-03-03


the District courts, Attorney Henry z /
Davis. Of counsel for the plaintiff in the
S5oooO damage suit fled by United States
District Attorney Baker against Brainard
H. Warner, brought the third days pro-
ceedings 70 a sudden close yesterday aft
srnoon.
After the PLAINTIFFS case had been
closed. and Mr.. Darlington. counsel for
the defense had completed MS opening
statement to the jury. Mr.. Davis moved
that the court rule the facts stated by
Mr.. Darlington constituted no defense.
and that nc evidence could be offered 10
prove them
Entitled to Proof.
Counsel for the defense replied that
whether the facts stated constituted a
defense OF. not, ne was entitled 10 prove
them, and 10 have them considered by
the jury as bearing upon the extent Of
the damages in case the decision was ad-
verse 70 his client
Chief Justice Clabaugh stated that the
motion Of NJ. Davis was equivalent 10
a demurrer. and suggested that counsel
postpone the argument on the motion
until Monday next at 10 o'clock, when
the hearing viii be resumed
The court room was crowded yester-
day al the opening OF the hearings. which
have already lasted three days. and bid
fair TO continue for several more As
sistant Attorney Given was the fret wit
ness called. and continued his testimony
begun the day before. He said that pre-
vious TO the spring race meet Of 1903.
and after the Walter decision. he had
held conferences with MT- Baker IN which
the prosecution Of the race-Tack gam
bIers was discussed. and decided 70 be
impossible under Justice StafOrds de-
cision.
"IntrOduceds TO Mr. Ross.
Under cross-examination he admitted
that he vas introduced" TO Mr. Ross,
Of the Jockey Club. and told him 7 am
here 10 make case and was then in
trodaeed 10 Mr. Davis. took his para
phernalla. and made an arrangement by
which Mr. Davis came in and surren-
6ered himself the next day.
Asked why he permitted the president
Of the Jockey Club 70 select the man
whom he should arrest. ne answered that
this had been the procedure in test cases
In the district attorneys of3ce for the
past twenty-five years.
Mr.. Darlington. for the defense. tried
to impress upon the jury during this
crOss-examination that a test case had
been made instead Of a raid that the
district attorneys Office must have known
that IL would take a long time to decide
the case, and that the bOokEsakers were
given an opportunity 70 return 70 one or
more meets while the case was still pend
ing
Nr Given also expressed his opinion
that as the Jockey Club had made ar
rangements which involved thousands OF
dollars TO race-track men. merchants. and
others OF Washington, II would have been
unjust 10 swoop down upon the book
makers IN a raid. He said also that after
the Walters decision nothing was done,
because Justice stafford in his decision
distinctly stated Just how betting should
be carried on
Counsel for Jockey Club.
Attorney A. s. WorthIngton was the
next witness called by counsel for the
defense he TESTIFIED that he had form
erly been United States attorney; that
he was counsel for the Jockey Club in
the Davis case. and that in his opinion
1t was impossible to draw Up an indict-
ment for person for carrying on q
business"
At Mondays hearing Mr.. Darlington.
for the defense. called attention 70 that
part Of Justice Stafford's decision in the
Walters case which said that Walters
was not charged in the indictment with
carrying on gambling es business, OF
with the public in general. but only with
divers" persons. and that divers might
mean only two OF three.
Counsel for the defense also cited thai
portion OF the district attorneys brief II
the Davis case in which Mr.. Baker de-
clared that the purpose OF the statute
under which he was prosecuting. was Il
present gambling as a business He ther
asked Mr. Baker why. after the Walters
decision. he had not brought another
case under an Indictment for carrying or
gambling as a business Mr. WorthingtoT
WIS used as witness by the plaintiff
IN an attempt to show that such an IN
dictment would have been Ineffective.
Would there be any difficulty. in you
valued experience. IN framing a new IN
dictment?" asked Mr.. Darlington Of TIT
witness
NO. but it might be difficult TO sus
tain It, vas Mr.. Worthington's reply.
Mr. Justice Ashley NJ Gould, who mex
took the stand, testified that he had read
the alleged Hbelous article the day Of It.
publication, had Immediately telephoneJ
Mr.. Baker. and then went 70 the Distric
Attorneys Office 10 consult with hin
about II. Asked on cross-exsminatiOn
who was the Justice who went to Rock
vile with the plaintiff, ne answered. %
plead guilty
Rockville Conference.
Re testified further that he had beel
requested by Nfr. Gist Blair to attend tn
Rockville conference with q view 10 as
certaini1g whether there was a way 0
carrying the county in the primaries
so that Mr. Blair could go as a delegat
70 the national convention. He said
furthermore. that Mr Blair had aereet
TO supply the money necessary for tn,
campaign. and that he saw him pay g
10 one OF the district leaders in a corrido
OF the Corcoran House. at Rockville. H
said he did not recall that Mr.. Bake
was present during the transaction.
He testified that it vas reported tha
Mr. Warner was getting next 20 tn
colored vote, and was spending a goo
deal OF money. and had gotten next q
the colored preachers. he declared ths
money and whisky were used IN the cam
paign. but that money was the princips
thing
Speaking with some emphasis, he de
clared that until he had read he allege
libelous article. he had never heard an
person anywhere make any inumatio
that money was coming from the rae
track people for any purpose whatever.
Mr. Willis BUrdette. OF Rockville. test