The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1912-02-01
JUDGE LAWLOR
UPHOLDS RAID
BY policemen
Ordinance That Makes Criminal
the Business That Yielded
Riches Is Valid
Decision Holds Keepers of Gam
bling Place Liable to Fine
or Jail Sentence
DIoa for Par1iSSinn nf Penalty Is
Plea for Remission of Penalty Is
Referred TO the District
Attorney

Superior Judge LaWlor oecloeo
ID yesterday against his game. up
holding at all points the ordi-
nance which makes criminal the kind
Of business whicA is reported TO have
made Moss ana his unknown hackers
rich.
The oral decision rendered by Judge
Lawlor seathingly condemned the.
bucketshop game as defined by the
ordinance and as conducted by Moss
The case at bar was the appeal Of
James J. Kuehn on appeal from the
police court. Kuehn had been con-
victed before Police Judge sullivan Of
conducting bucket shop at $50 Mont
gomery street in violation of city
ordinance. He vas not in court.
Employer in Court
place was Henry a. Moss. his
employer and the owner Of the Mont-
gomery street gambling house. Moss.
also convicted in Judge sullivan's court
on the same charge apd resting under
the same sentence. Gne of 500, with
the alternative or 50 daysfin the county
jail. had relied on the Kuehn appeal as
hnal test Of his iregitimate business.
Besides settling the Kuehn case,
Judge Lawlor's decision puts an end to
the Moss case and the cases of five
other keepers arrested in the Moss es-
tablishment on October .. when the
Joint was raided By the police. All
we're equally guilty, and each vas fined
800.
Plea to Remit Fine
When the decision was given up
holding Judge sullivan. Moss and his
attorneys held hurried conference in
the courtroom. No further course lay
open to them and they resorted to
pathetic plea TO the court that an order
he made setting aside the fines in all
the cases. except that of Kuehn.
Judge Lawlor told them that it was
not within his province to take such
action and referred them to the district
attorney. The request was then made
10 AyIett r. cotton. assistant district
attorney. who has been in charge of
the case from the beginning, and he
consented to take the matter up with
District Attorney Fickert and give
Moss an answer within a few DAYS.
Bucket Shopping Proved
Judge I.awlor held II to be clear that
Moss had been conducting bucketshop
at sss Montgomery street in open vio-
lation Of the ordinance making the
business unlawful. Careful analysis of
the evidence left the fact certainty
in the courts mind. and there was little
beyond it to be considered
Judge Lawior commented upon the
manner in which the trial was con-
Quoted in the police court only in so far
as concerned the action of Judge Sui
livan in failing 70 allow sufficient lati-
tude in the introduction of testimony
lie held that it would have been proper
for the trial Judge to hear certain evil
dence that was excluded from the rec
ord, but that the fact. that this was not
done was not material
III making their final stand in court,
the Moss attorneys, representing
Kuehn. made vicious attack upon the
integrity of Judge sullivan and in
CURED the displeasure OF Judge Law
Tor, who took occasion to that. what
ever the action of the lower court mad
been, Judese Sullivan was not actuated
by ulterior motives in rendering his
judgment.
ImpartiaIity at Trial
The appeal to this court was taken
in this case upon all Of the statutory
grounds said Judge Lawlor. During
the course of his remarks. counsel for
the defendant has declared that he Is
justihed in making the claim that he
was treated unfairly BY the trial judge.
The court does not discern from the
entire record anything that would tend
TO support this contention. This court
does not subscribe to the contention
that tile judge had prejudged the case.
The transcript. taken in its entirety.
does not show any state Of mind exist
: ing. 30 far as the trial judge is con-
fo1s s4sr<