The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1913-12-03
, committed in the State.

Al mia anu nOnOr 10 the OATH which
you lately took. IL is the purpose OF
THIS trial To wipe out OF existencs this
institution OF disgrace and 10 elevate
The morals OF the community and up
htt the aspirations OF the State. You
must decide this case as men. The
eyes or Ohio county are upon you. The
honor OF the court rests with you.
mis- business has no redeeming fea-
ture. nothing 10 draw your sympathy
In its favor. and you must treat IL from
the standpoint OF a common gambling
house. Women and children suffer for
bread and clothing while their hus-
bands and fathers spend their money
In low-down dive operated in a civ
ilized State. and IL is under these con-
diuons We seek 10 drive IL out OF ex-
istence."
This question has another signifi-
canoe. This business has been run
ming in the city for over a decade
with a high hand. Bidding defiance
TO any power either human or divine
and threatening destruction TO any
person who endeavored TO stop It.
Your verdict will mean in this case
gentlemen of the jury, that you will
either wipe II out OF existence or
give II permission to run for half a
century more. What will you do?
Gan you. as honest men and men
bound on your honor 10 uphold the
laws OF the state, bring in any other
verdict than guilty.
Regardless OF thu fact that the
town OF Fulton gave them a license.
regardless of the fact that these men
We're employed as operators, In this
business this case is a common law
Indictment and upon such YOU must
base your findings. These men sit
ting here before you were capable
OF Knowing what they were doing.
they had even been warned that a
raid was imminent by the newspapers
OF the city. then In the face OF this
they continued to run this incompre-
henslble Joint. and one which | can
not name. They have no license 10
ASK Tor sympathy from the jury. their
business is not sympathetic one.
Then men will you do your DUTY
VIII you obey you oath? VIII YOU
consider the evidence In the case ?
VIII you adhere 10 the instructions
Indictment?
IL you do and do not bring in a
verdict OF guilty then you are not the
rlsht KIND OF jurymen. Gentlemen.
" "i, Iar AZ sincerity and power. | ask for
Attorney Royce.
Attorney =. -. BOyce. counsel for the
aefense. opened the arguments In their
the jury. He said. Tt is 'i nov az NJ, 40
power or the power OF the prosecutors
10 tel you men what To do in this case.
You have heard the evidence in the case
ana you should be able to arrive AZ a
conclusion. II Is what the witnesses
say and what the law says that must
lhnuehce you In your verdict and I do
not believe the state has brought forth
Sull'Iemt evidence TO warrant "A conVic-
ton. The prosecuting attorney has
termed the pool room as "A place where
eVil-minded and worthless men gather
70 place their money on horses and
cay that this was not the case AT
MIR. Miller never allowed men Of this
character 10 enter HIS place and had
an onicer 20 guard against such. The
three men-George Seamon$ Charles
Padden and Floyd Stewart-were only
hired men and should not be punished
Ihey we're only employees OF the place
instructed you that ~ you md any ma
terial difference between turf e1-
change and pool room as charged in
the Indictment bring In "A verdict OF
not guilty. We contend that a turf ex-
change Was operated and they contend
that pool room was. ] do not ask FOR
dence IN the case renders verdict OF
guilty. bring in such verdict. and II
you ind that the evidence does not
render such verdict then you are
honor bound to bring In verdict OF
not guilty. What Is there IN this case
TO convict the men-Seamon. Padden
Wet them for being connected with the
pool room, then how can you convict
Calvin Miller when he was protected by
a license issued by the town.
Attorney Handlan.
Attorney J. Il. Handlan. chief coun-
sci FOR the defense. presented his arFu-
tn"ut IN very forcible and concise way.
He brought out the fact that the turf
exchange - run AT Fulton was no worse
thtn the businesses conducted on Mar
kst Main and Twelfth streets In this
respect he referred 10 the brokers' Of
nccs In the city. We md here "a bust
ness which IS no worse in import than
the businesses which operate In differ
ent offices Of the city. Changing nc
lions from brokers office. where men
place a sum ~ money on fuctuation
ana contingencies. a. - were. Is as
much a criminal offensc a. the one un-
der Consideration. claim that the
business has name here he re
turf exchange g. dcnned-"which my
friend Mr.. Mckee claims ~ has not"
These men. George Seamon. Charles
laiden and Floyd stewart. had no more
10 DO with TIE running - the turf e1-
gnanE~ than does the houkkeepcr. the
man who answers tcleDnar.s sferog-
rHphefs and oh or hired help around In "A
brokers office. Newspaper men he-e
testified that the place VAS operated as
q turf exchange ana not as pool room.
~ MOB IS written IN tie Indictment The
court instructs you that II Nou find
o. ere IS "a difference between "A pool room
,,iI - tHTf exchange. then you must
Defends Fulton Officers
lie here TOOK up the defense tfat the
town ~ Fulton had granted " license 10
the eN hanEe and that Miller and his
cohorts Lad rot began to operate until
tfef bad legallzed their actions lie also
stated that the Fulton council had
placed 900 officer 60 watch the pIac. and
80" NAT uo disorder occurred he said
t.at Setmur hHd been in a. like business
ln The CITY or Wheeling Tor 20 wears and
mat Dee tld not euraEc HIS services 10
calvin Miller until Do found Dc hHf "A
license. lie here went back % the '|r.e
wNru ~" turf question was rule-f uror
Judge. '''''''' 81
De- said. "Ir sou fnd these u,..
mon Eu.ltN ~ the crime charged then Z
.tN tlft CHARLES church. officer Of t.If-
t.i. iirrtari Moran. Jauitpr ~ a..
I'I.i'uG the telephone compauv wtfrb
carried service. the operator az pi,,s
b.fE n or wherever tho runrsctfor 49,
made. are ull guilty. az tho, w.r. 80
Ii"' 90 tF Miller anil were reI,..,-..
p. carry uu DIE business These 49,.
W'f. working Tor "a salary ana a''H
Wtrk received their pay u4 yuu or I
NJ IN was this ease not made Ia .Itu
.il. lf getting out Hr IrJurctfar5
E"thrE CON Do" done fn restore th.r. = .
iN"if rights arlir should This r..c ..
Pr" t higher court therefore r.r,f,-
mon ASK That Nuu BRING ir L. Ve-firt