The Birmingham age-herald., 1913-02-22
Motion and Malone Charged
With Leasing Property
Used for Gambling
EACH HAS NO FEAR
OF FINAL OUTCOME
Motion Says He Has No Personal
knowledge of Gambling and Does
Not Feel Called Upon to
Hire Detectives

lone and Thomas H. Motion, two of the
most prominent real estate dealers in
Birmingham, with owning houses used for
the purpose of gambling, were returned
by the grand jury recently adjourned
and yesterday they were placed under a
$500 bond by the sheriff.
The indictment against Mr.. Malone
charges that he is the owner of the Stag
hotel on Twenty first street and alleges
that the building is used for gambling
That against Mr.. Motion
charges him with being the joint owner
of the Gayety hotel. formerly known as
the o'Brien opera house, and that the
building is used for unlawful purposes.
Action Not Unexpected
The action of the grand jury in re-
turning the indictments and the arrests
were not unexpected as each of the ac-
cused had been before the grand jury
and knew that the indictments had been
suggested unless they cancelled their
leases. Acting under legal advice they
refused to obey the dctum laid down
by the inquisitorial body and the indict-
ments followed They both deny any per-
sonal knowledge of the premises being
used for gambling purpose and while they
both stated they regretted the notoriety
they had no fear of the outcome when
laid before the proper judicial authority.
Mr. Malone was served with the capias
Immediately after it was issued and
promptly made bond, which was instantly
approved as the property represented on
the bond ran we'll into the millions. MI
Motion did not come down town until
afternoon, being slightly ind'sposed, but a
number of his friends signed his bond
Names on the bond of Mr.. Motion are
W. n. Malone, John J. Kyser, Frank s.
White, Felix l. Tarrant j. II. Barr, Will
liam NJ. Walker, w. NJ. Martin, Zack L.
Nabers p. C. Ratliff, Nose Levy, d. Nj.
Drennen, w. W. Crawford, G. B. McCor-
mack, e. w. Rucker, David Roberts, Jr.
j. w. Mcqueen, John p. Tillman, John
w Sibley, F. B. Fowlkes, w. B. Fowlkes
and w. l.. Sessions.
On that of Mr.. Motion: t. Fl. Motion,
w. p G. Harding, r. P. McDavid, Walk
er Percy, f. B. FowllSes, John W. Sibley.
Mr.. Malone's Lease
Mr.. Malone stated that when he Dougnt
the property short time ago the present
lease was on it which will not expire
until October 1, 1914. and that he did not
have any knowledge of the premises be-
ing used for gambling purposes at that
time or since. He states he was advised
that to cancel the lease dictatorily would
subject him to a damage suit and that
he felt he was clearly within his legal
rights in refusing to cancel the lease at
the suggestion of the grand jury. He also
stated that while he regretted the pub
licity he was not in the least disturbed by
the proceedings.
Motion Makes Statement
Mr.. Motion in an interview said:
Having been a little under the weather
for several days, 1 remained at home
all the morning taking medicine and look
ing after some work of improving and
Highland park
From the mornings paper I saw that
those real estate owners and agents who
had needed the warnings of the grand
Jury in regard to canceling leases had
not been indicted and that those who
had not complied with the jury's COM
mands had been indicted. Coming under
the head of the latter class, was not
surprised WREN a newspaper reporter
called me over the phone, stated that
he had seen an Indictment against me
and asked for an interview. | was not
prepared to say anything on the subject
for the reason that l had not seen the
'sI came down to my office this after
noon and found my friends had already
executed a bond, which the sheriff kindly
accepted. and to these friends | am in
debted for the privilege of sleeping at
my home tonight instead of at the county
Jail.
Charges in the Indictment
1.-THE Indictment charges that I have
permitted or suffered the premises known
as the O'Brien Opera House hotel to
be used as gambling place, and on
the indictment there appear u witnesses,
and with the exception of three [ have
no acquaintance with them. OF these
witnesses there appear half a dozen Of
ficers whose sworn duty it is to enforce
the law and who have drastice powers
under the law to raid gambling houses
and break up such places. The law does
not give the owner of the property any
such authority or right.
II leased the premises referred to to
the present tenants some time ago. They
were highly recommended to me and gave
good security for the rent. Since their
of the building ] have been
it only twice, once about IS
months ago, in company with the three
city commissioners, who were inspecting
the building for the purpose of passing
on the use and occupancy of that part
of it formerly an opera house. The other
time was on the day that | was notified
by the grand jury that gambling was
being conducted in the building. / went
from the grand jury room to the build
ing, and without the tenants presence
or knowledge of my presence, went all
over the building. found many of the
rooms open and had others opened by
the chamber maids, whom | found on
the several floors. and there was nothing
whatever to indicate that the house was
being used for other than legitimate pur-
poses.
Refused to Cancel Lease
"The grand jury advised me to come
back on the 18th inst and report
whether or not ] had cancelled my
lease and evicted by tenants ] did
go back on the nth and informed the
jury that ] had not cancelled my lease
and had no idea of doing such thing
From reliable reports | am informed
that the same course with me was pur-
sued with other owners and agents
and with the exception of four two
of whom are non-residents, all report
ed that they had cancelled their leases
and the premises had been vacated.
had nothing but hearsay evidence that
my premises were being used for
gambling purposes and did not hes
itate TO say TO the grand jury that
would not prefer charges against my
tenants on hearsay evidence and there
by subject myself to a damage suit
1T would seem under the circum-
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