The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-11-25

WASHINGTON. Nov. 24*-~A Hot
Springs. Va, special to the Washington
Post says
The jury that has been hearing about
the whirl of the ivory ball near the
Homestead Hotel sat AROUND Eero~
sene lamp in the courthouse at Warm
Springs this evening. and decided
that the Woodland Club, where the
whirilug happened WIS a gambling
place, and the Thos. 0Brien, who
has been on trial before Judge Ander-
son in the Circuit Court, was respon-
sihle for its existence. They found
him guilty, and he was sentenced 10
two months in prison and to- pay "a
ane of 1850. The jail term Is the
same as that imposed by q Justice
OF the peace In September, but the
fine of the higher court Is a quarter
OF the former imposition. The jury
concluded that roulette lis a game of
unequal chance" and therefore gam
ming under the Virginia law.
Seven good men aud true, hardy
sons of the soil and toilers on the
big hills around here. found out yes
terday and day some of the things
that happen in the sort of club
where members and members only
chance,
Ii occurred in the red brick court
house of Bath county, when the case
of Thomas O'Brien came up for trial
befores Judge Anderson. of the Cir
cult Court. The Woodland Club,
OBrien's bungalow, situated within
d brassie shot Of the Homestead Ho-
tel, hasn't been open to members
since little apple cheeked and be-
whiskered Justice of the peace sem
fenced him to two months In JAIN
and fine Of $1,000 two months age.
That didn't look ike the right sort
Of a deal to O'Brien's lawyers, ana
the appeal WAS the result.
They pick their turies in small
sizes in this county, not because there
aren't enough citizens within a morn
,ng's walk of the courthouse. and be-
cause little spending money gained
by jury duty isn't welcome SO near
Christmas. It's just the law. and
SO there were only seven men wffu
settled their cowhide boots In the box
this afternoon.
Idqncur and 'IJcker.'
Their first opportunity to look III
upon the diversions of the high livers
came with the testimony of Freeman
A. Smith. of New York. They looked
at his immaculate exterior, and they
wondered. He told them about tip
ping waiter 81 at the club and
about getting things to drink at the
houses expense in the intervals OF
play.
Just tell these gentlemen what
those drinks were" suggested Attor-
ney of the Commonwealth Bird
We'll, whiskey and brandy and
champagne and liqueur, said Mr.
Smith.
Juror No. moved little closer to
one Of the receptacles designed for
those who take their tobacco withou;
fire and appeared to wonder whethe,
that was not another way of saving
ticker.
But they couldn't linger over these
thoughts, because Mr.. Smith was tell
ing them about the way the ivory balls
behave. What the Commonwealth
was trying to show was that the games
Of chance didn't give the player ar
even deal. They had to show IL Il
make their case against OBrien
Smith gave pretty glib description
of the red and the black, the zert
and the double zero, and how yoI
! could play the boar by dozens. Tn.
| jurors began to be a little bewiIdered
Smith thought that the chances q
roulette were decidedly against tn,
/ player.
Defense Propounds a Puzxler.
But OBrien's attorneys gave him
puzzler on cross examination. sup
pose" said one of them, you pu
down IS on the red, the same on tn,
| black. and split the zeros; don't yoi
see that it's5ust about an even gam
Figure II out for yourself"
MIR. Smith wrinkied his brow. ant
after a time allowed that 1t was
Then went on his native lawyer
isn't 1t a fact that winning or losin,
depends upon the skill of the PLAYER
Every one will admit that poker, bar
ring marked cards or crooked dealing
IL an even chance game. But IL a MAJ
bets MS stack with pair of duece
against another man who holds thre,
acee, that makes it game Of uneye,
! change at once"
BY this time the jury was shiftin,
uneasily. and 3rien. who sat quiet
iy behind his lawyers. glanced thei
way occasionally
1his same proposition was put u,
/ TO Assistant Corporation Counsel vii
liam IL. Jackson. Of New York. VIII,
has place here. and who said .,
the stand that tie had picked up Jus
little ON two occasions at O'Brien,
! place. Mr.. Jackson cogitatei owe
the idea for beating the gam, ant
then smiled broadly and remarked. =,
don't see why 1 never thought Of tina
| before
What's IA Dress Suit?
Mr jackson had the experience O.
being admitted to the Woodland Club
and sending his application upstair.
while he waited for the board of gov
ernors TO act upon It, only to be- barred
from the room with the tables becaus,
he WASH wearing evening clothes Mr.
Bird said: