Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1910-11-03
CAM ALLOWED TO
HOLD HIS TOOLS
Fraternity Scores Another Vic
tory in Fight for Prop
erty Rights"
M'BRIDE TREATS IT AS JOKE
Officer Who Seized Fixtures Not Per-
mitted to Prove That They Were
Used for Criminal Purposes.

Magistrate C. J. Smith handed down
a decision late yesterday afternoon,
returning to H E. Mcbride the fixtures
taken from the A. w. BfIburg gam
bling rooms on Twentieth street by
Constable August Schmid on the oc-
casion of the raid. Sept II. As Nc
Bride already had the property in
storage in Iowa, the order from the
court meant practically nothing. IN
explaining his decision the magistrate
stated that as Mcbride had positively
stated that the fixtures in question
were his and as the constable admit
ted that they did not belong TO him, it
was clearly the duty of the court to
! see that the rightful owner had them.
/ Attorney J. H. Hauberg, appearing
/ for Schmid, was refused permission
to introduce testimony tending to show
that the articles were gambling para
phernalia, in which case they could not
be considered property. Magistrate
Smith held that, inasmuch as Attor-
ney Hauberg had failed to make an
/ opening statement setting up that fact
as a special defense. he could not pur-
sue that line after having placed a
witness on the stand
Knocks Out Defense
/ Mr. Hauberg RETAINED from making
any statement at the opening OF the
( trial, desiring to do so later on. The
witnesses for the plaintiff were exam
ined and then Justice George p. Ms
sen was asked TO testify for the de
Tense. Thereupon Mr. Hauberg com
menced his statement, his intention
being TO show that the goods replevin-
ed by Mcbride from the Roessler store
house were the same that were taken
from the gambling rooms and were in
fact gambling paraphernalia. John
LOOney, attorney for the gamblers, OBJ
jeCted TO the Introduction of such evil
dence. and was sustained. This knock
ed out the case of the defense. Mr.
HaubeTg then called Justice j. H.
Cleland and Constable Schmid and
showed that the constable was in le-
gal possession of the goods on writ
issued by Justice Cleland. Before a
replevin writ could be issued in this
case il was necessary for Mcbride to
make legal demand for the property
and when the gambler stated on the
stand that he had made this demand.
the statement of Schmid that he could
not remember of any such demand
having been made was not credited.
Testimony Il Farce.
The testimony offered by Mcbride
while on The stand was of a farcical
nature and il struck the witness as a
at his own statements. It will be re-
membered that the fixtures replevined
from the storehousc We're described by
Mcbride as Two fancy tub tables, one
lunch table. one domino table, one Ia
bic about eight feet long, 80 dice and
$500 checks" Upon cross eXamina-
ton by Mr. Hauber-, Mcbride stated
that he could positively identify the
goods as mis- own. Mr.. Hauberg want
ed him to describe some of the prop
Crty, and he did so. but the result was
comicaI He was asked if there was
any odors Of lunches about the lunch
table that could help identify it as
such and Mcbride. after laughing lit
tie. replied that there were coffee
stains upon it.
The domino table and the others
were described in similar manner. but
any questions tending to show that
the property was gambling parapher
MALTA were ruled out Of order
Justice Nilsson, called by Mr.. Hau-
berg, stated on the stand that he had
not affixed his signature TO the aft
davit on which the writ Of roplcviH
was issued until day after the writ
had been served. +. l.. Hall. who as
sisted Constable Schmid on the occa-
sion OF the raid, took the stand, but
his testimony had little bearing on the
case. as he was not able to swear that
the rcplevined goods were the same
that were seized in the raid. He was
also refused permission to testify that
the fixtures were used for gambling.
Constable Schmid was the last wit
ness for the defense, and then, after
the closing arguments had been made, /
Magistrate Smith gave his decision, +.
returning the property TO Mcbride.
Rejoicing Among Fraternity.
There was rejoicing, naturally I.
among the gamblers last night fol- I
lowing the victory scored by Nc /
Bride. Things have been breaking .
badly for us the past few weeks, /,
one of the boys remarked. But We
are not worrying. We are laying .
low until after election, and If the /
tide turns in our direction. as we
are gambling It will. all will again
be lovely" Since the raids by the
Law and Order league the gamblers .
have been taking a vacation. They
openly defy the Law and Order .
league, and have made it plain that