The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-03-27
TEST CASE is RECALLED
IN GAMBLING SCANDAL,
Jud FindIey, Who Lets Gam
bIerS Go Free, Refused to
Aid the Mayor.
ilcTlM PLEADED Gull
Man Caught Red Ilandediand
Turned over to ProseGutbT
Allowed to Go Free.


away the Jud Fdndley gamSLing
scandal by asserting that the pose
cutting attorney cannot prosecute the
keepers OF gambling dens and hose
caught red-handed therein owing so
indtatfons OF the state laws.
That Is a very weak apology TOE
Jud.
AS matter of fact, Jud Flrdlsy
has wiTtully refused to prosec1te
gamblers caught redShanded IN
gambling resorts and has wllsuliy
and malfciously refused to aid che
mayor in the prosecution OF such az
lows.
Mayor VIII III. Cole has tested Jud
Findley about thds matter and Q1as
found Jud to be deliberately negleet
ful of his sworn duties as a public
seven Caught.
October IS, last, policemen Oh the
city made a raid upon gamot4Js
den in the city, captured seven men
therein and seized q quantity OF
gaming apparatus, including Two "a
bles, eighteen decks or cards ana
about peck of poker chips. One
man giving the name OF Charles
FIarr was charged with. operating tne
place and the others caught playlng
therein were charged with SamoIIn
In the police court, conducted by the
mayor, the six men charged Win
gambling virtually confessed tneil
guilt by FORGETTING bonds or $N-bO
each, the limit of the nne that can
be imposed by the mayor, Willis I
Charles laarr pleaded guilty 70 =
charge of conducting the resort
Right then and there the mayor
decided to make a test OF Jud FIND +
ley's sincerity about the prescott son
of such men. He suspended sentence K
until he consulted with Mr.. B'tpd4ey
and explained to that public osiceE
that Harr ought to be given sef
penalty because 1t was the seeon0
or third time he had been arrested
In gamblsng raids and because chs
limit of the penalty that could be Llal
posed by the mayor was only q ans
of $50 and costs.
Promised the Mayor
Jud Findley, then the pfosecatn
attorney of the county, sworn TO 4p-.
hold the constitution and laws o. ais
estate; and to faithfully = dssenal
his duties, promised the mayor
he would prosecute Harr in the k2te
courts to the best OF his abli&ys
whereupon the mayor Turned H@I4
over to the state atlohOrttieS.
What did Jud F9ndley dot
Two DAYS later Earr went esotE
free. The evidence the mayor nd
was not even presented against nlll-l
Us not that a splendid examph o4
a faithful and sincere prOaecus
attorney? Here was 2 proseCass
sworn to execute the laws, wiltvl ~
and neglf9ently failing to proset1e
3 man who had already PLEAD
guilty to a charge Of conducting .
gambling resort.
I'm this test case, Mayor Cole ~
agreement with Jud Findley, Ppm
ised not to fine jHarr on the &rouA11
that such omission would serve ~
to hinder the prosecuting ATTORNEY n
the case under the constitutional
vision that man shall not De VfAsS
punished for the came onense.
Mayor Cole wanted tJud F9ndley e
cooperate with him In breaking y e
zamiblingl resorts and Jud failed e
do SO In such circumstances Y
wouId have been loss of ehort IN
time to rely on the neglecttut pi9
cutting attorney IN the future, IN We.
of which the mayor adopted me
icy of giving all keepers on gam
resorts the maximum penalty.
Statutes Cited
m this connection st Is pertilent
to call attention to the staSut
which Jud Findley was suppos 80 e
enforce and which he failed to-
force:
shall keep. or exhibit a gaming tapt
commonly. called a. b. &C., or ~
table ors.faro bank or. keno tss1le. Il
table of like kind, under any cen e
nation. whether the game or pal
he played With cards, dice, or otss
wise. or shall Ibe a partner or y
cerned in interest, In the Keeping 9
exhibiting of such table or bank, o
he confined in jail not less tnaLl ~ s.
nor more than twelve months
be fined not less than 800 nor n91s
than 81 600. .....s..-
knowingly permit gaming tBbIe, Or
faro bank or keno table, Sucn q
mentioned Sin the preceding Secuoll'ss
tn I,a kent or exhibited on any preul~1
fses in his occupation, he shaH -
confined in jail not more than e9sz
year, and fined not less than
nor more than $1,000"
ssSec. 3 43. 4. II any personost
or play at any such table OF bank.
as Is mentioned in the d1rSt seclloK
or in any hotel or tavern, OF otaet7
public place, or place OF PUBLIC
sort. he play any game except bows,
chess. Tbackgammon, draugihts, o.
licensed games, or bel on ssdes ~ -
these who play, he shall pc hned.aes,k-
less than 50 nor more tnan S4ves-
and shall, IL required by the cogr
give security for his good tbehaylSe4s
Tor one year, or in Cefauit tners1
may be Imprisoned not more taa
three months.
The Exponent, IN trying TO explai
away the Fdndley gambling scanda
says: Please give facts from
etforward /" Here are the 1ae
and IL the Exponent wants any NOR
It can have them.
The people, however. under aa