The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-11-01
GAMBLING CASES
ARE POSTPONED
Warrants Against Burns and
Singelyn Defective, so Ad-
jOurnment is Taken

or Shepherd In Justice Jeffries' court,
Friday noon, when the case of James
ID. Burns and James Singelyn, pro-
prietors OF the Burns hotel, charged
with suffering a gaming room TO be
+ conducted on their hotel premises,
was called.
Attorney Percy Crosse, representing
the defendants, drew the courts at
tertion TO the warrant and contended
that Il was defective, In that II didn't
say that the defendants operated the
alleged gambling room for gain. Mr..
Crosse quoted a supreme court de-
cision IN support OF his contention
and asked for the quashing OF the
warrant The supreme court ruling
on the point was In the case of Frank
A. Wiethoff, who was convicted in
the recorders court In Detroit on a
charge OF conducting gaming room.
In this case Mr. Crosse pointed out,
the information neglected TO charge
that Wiethoff ran the room for profit,
with the result that the conviction
was reversed and the accused dis
charged.
Justice Jeffries told Mr.. Crosse that
the defect in the Wiethoff case was
IN the information, which was drawn
up after the police court examination,
whereas, in the Burns and Singelyn
cases, the alleged error was in the
warrant.
1T makes no difference" said Mr.
Crosse, the defendants are not now
charged with any crime against the
laws OF the state OF Michigan, and
submit that the warrant, which / say
Is defective ought TO be quashed"
We'll, I'd like to hear from the
prosecutor on the point said the
court.
Assistant Prosecutor Charles Jas
nowski replied, although Prosecutor
Shepherd was in the room, walking
up and down beside the table where
counsel and defendants sat. Mr.. Jas
nowski said that he didn't believe the
warrant was defective, and was will
ing TO proceed with the case.
Justice Jeffries said that the be-
feet, If there were one, could be cured
In the drawing up Of the information
for the recorders court, in the event
that the defendants were held for
trial. He thought, however, that the
easiest and safest way out OF the diff
p uCuily LOT Tie prosecution -WOulO De
to draw up another warrant.
Assistant Prosecutor Jasnowski
agreed to this, and. in a few minutes,
submitted the new warrant with the
error corrected.
Who drew up the warrants, you or
.SlepG" asked Burrs of Mr. Jasnow-
ski. his voice ringing with sarcasm.
Mr.. Jasnowski admitted that he
had attended to the matter.
Why doesn't 'Shep' open his 'yap'
and do something" Mr. Burns fur
Their demanded
Mr.. Jasnowski informed the court
that the prosecution was ready 10 pro-
coed with the case on the new war
rant, whereupon Mr.. Crosse demurred.
He said that his clients could not be
held responsible for the error in the
trst warrant and submitted that they
should not be obliged to plead to the
second warrant on such short notice.
Anyway, your honor" said Mr..
Grose, Il am not in the habit OF going
10 trial on three minutes notice, and
| don't intend to do ii In this case.
Justice Jeffries said he was not go
Ing TO force the defendants to trial
just now, II they were not prepared.
Mr.. Burns, however" said the
court, lis candidate for the office or
sheriff, and he is entitled TO a hear
ing before election, If he so desires IT,
he has right to demand an immedi-
ate hearing, TO vindicate himself, IL
he feels that way want TO be fair
In this matter: the court knows no
politics, at least, not when he's on the
bench"
Mr.. Grose still insisted that his
clients be given time to consider the
matter before pleading. with the re-
suit that the court allowed them to
stand mute and set the hearing for
Nov. 8, at 8 a. m. Personal bonds in
the sum Of $500 were accepted for the
appearance Of the defendants.
Prosecutor Shepherd has disclosed
the secret in regard TO the manner
In which he secured information to
the effect that gaming room was be-
Ing run In the Burns hotel He SAYS
that X. ID. Watson, detective in the
employ OF the Burns Detective agency,
tipped II of to him.
Mr.. Watson came here just at the
time the Fritch case was on" said
the prosecutor to The Times, Friday
he asked me where he should stay
and l told him to go to the Burns
hotel and keep an eye on the Fritch
jury, which was staying there. He
later reported to me that poker was
being played In the hotel, and that
the proprietors were getting a rake
on. told him to sit in the game
for the purpose OF getting evidence.
He did 80, playing for upwards OF
week"
The raid of the hotel by the police
followed the report OF Watson TO the
prosecutor. Watson will be one or
the star witnesses for the prosecu-
ton.
WYANDOTTE CONCERN