Evening journal., 1914-01-17
JURY CHARGE IN
GAMBLING CASES
General Sessions Court Makes
Clear the Law on Points
Involved

Much interest has been manifested
Ia the charge to the jury by Judge
Henry c. Conrad in the C sc of
Charles B. Morris. who was convicted
of keeping and exhibiting a gaming
.able. especially in view of the fact
hal the Jury was told that the ques-
lion left for tleir determination was
whether the accused kept or exhibited
The gaming table. The charge to the
Judy follows:
Gentlemen of the jury: Charles B.
Mo ris. the accused. stands indicted
before this court and is on trial be-
fore you under an act of the General
Assembly. entitled An Act for the
Suppression Of Gaming" passed as
long ago as 1857 so that 1t is old
enough to be good It is The province
of the court, when called upon, TO in
terpret and const ue the law and 1t
Is your province as members of the
Jury TO take the law and to it the
facts into it and from that make up
your verdict. This act provides:
"Section J. That If any person or
persons shall keep or exhibit a gam
ing table, faro bank, sweat cloth, rou-
let table. or other device under any
denomination. at which cards, dice or
any other game of chance is played
for money, or other thing of value, or
shall be a partner or concerned In
interest M tbe keeping or exhibiting
such table, bank. sweat cloth, or other
device. he. she OF they shall be deem
ed guilty of a misdemeanor," etc. lt
is that law that the counsel in this
case have asked us to construe.
This man is charged under the
first and third counts OF this indict-
ment With keeping or exhibiting a
gaming table. In the opinion of the
court a person keeping a gaming ta-
bic Is liable under the statute; and
by keeping, the ordinary meaning of
the, word ls applicable. The word
keeping means to maintain, to'control5
to carry on, to manage.
A gaming table is a table used for
gaming purposes, table upon
which games OF chance are played,
and the evident idea In the minds of
the legislators was that the keeping
OF a table to be used for gaming pur-
poses and called gaming table was
an Important and almost necessary
adjunct In the matter of gambling.
and that in prohibiting the keeping
or exhibiting of a gaming table, the
effect would be TO lessen the offence
OF gambling
Under the first and third counts of
he indictment In this case the ac-
cused is charged with exhibiting and
keeping (on different dates) a gaming
table. The defense so charged Is
fully sustained when the fact is prov
en- % the satisfaction of the jury
that the accused kept or exhibited a
gamins table, and the matter of the
accused being concerned in interest
in, or deriving profit from IT, Is not
an element IN the charge The keep
ing and exhibiting are the only things
that need be shown under these two
counts. That disposes Of the first and
third counts.
In the second and fourth counts the
accused Is charged with keeping and
exhibiting a table In which he was
concerned, or in which he had an in
ierest. The court feels constrained to
say that under the evidence adduced
In this case in its opinion the charge
made IN the second and fourth counts
of the indictment that the accused
was concerned in interest I'm the
AA'NI pms VI tNHAhltilt Oi EdUllnE
table has not been sustained, and the
charges made in those two counts are
Withdrawn from your consideration ;
so that the question left for your de-
termination is, whether or not the ac-
cused kept or exhibited a gaming ta-
. bic. You are to weigh. gentlemen OF
the jury and consider the evidence as
you have heard II from the. stand. II
the state has proven 10 your salts
faction that the accueed. kept or ex-
hibited q gaming table, that II was
under his control or management.
then the ofiense CHARGED has been
sustained and your verdict should be
guilty, regardless of the fact that no
proftg were shown TO have been
proved as received by the accused
from the table.
we also charge you, gentlemen OF the
Jury, that. the accused is presumed to
be innoceHt until he is proven guilty be,
yond reasonable doubt and the burden
is upon the state TO prove its case. 81
that II after consideration in a careful
conscientious way, as reasonable fair.
minded men. you have reasonabl,
doubt as to the guilt of the accused
then you should find him not guilty
The matter is left with YOU.