The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1919-10-30
Not Sufficient Evidence
Against Dusky Domino
Dlettantes.

Yesterday at four o'clock occurred
the hearing in the case Of Doug
Howard and five other colored men.
Testimony was taken in the mayors
office until some where around six
o'clock. This morning the six men
appeared again at police court ana
waited patiently for a verdict IN the
matter. After two hours testimony
under oath yesterday with L. G. MUS
grove representing the six men, VINO
all pleaded mot guilty" to q charge
Of gambling In Doug Howard's room
Sunday night, the mayor after mncn
deliberation dismissed the case TINS
morning without fine. Mayor Coma
way took the matter entirely to heart
and endeaYored through close examl-
nation of all witnesses including the
three officers who raided the place
Boggess, John Jack and Chief Moran,
TO place the blame If there was any,
on the right parties. He said he telt
that in spite of the fact that gam
bling has been going on in the past
at the Pennsylvania club and did go
on in fact two weeks ago when he
fined each party 500, this time no prov
en- evidence, was available. Using Ed
Carter as a test case the story finally
lsifted down to circumstances some
what as follows:
Doug Howard and five others were
behind locked doors, both outside and
inside, presumably playing cards as II
decks were found in the room. Domi-
noes and checkers were also found
there. The table on which the men
played was covered with ticking held
on top of padding by means of draw
string. When the officers broke the
door in, oil money had disappeared and
nothing other than change in the
pocket OF one of the men was found
as evidence of gambling. Attorney
Musgrove proved to the satisfaction OF
Mayor Conway and City Attorney
Kern that there was no evidence OF
any nature upon which to render a
verdict of guilty. The jingling Of mon
ey which all three officers claimed to
have heard might have been the noise
of checkers or of nails in a small box
containing dominoes. Officer JACK
testified under oath that Ed Carter
said to him just after the raid was
made: I'VE sure was gambling like
hell before you fellows came I'M" Car
ter denied this on oath, saying he said:
at sure is tough luck for a fellow to
have to put up $40 jest for sleeptn' in
a room" Carter told a story to the eff
feet that his wife was taking bath
in his room next to Doug's ANA ne was
merely loafing in Doug's room until
she finished. Carter had to go out
and pawn a suit Of clothes to raise
nine dollars to keep from going to jail
and he borrowed the other dollar from
Officer Jack. Jack said Carter asked
him for it and he would have been
willing to loan money to anyone IN
der the circumstances.
Doug Howard testified that there
was no gambling going on in his
room Sunday night-that the men
were merelS sitting around the table.
AS one officer testified that the men
were sitting around the table and the
other two only two men were around
the table when the door gave way-it
was not proved just how the men were
seated. The men arrested had diff
Guilty in raising their forfeits TO keep
from going to jail, most of them Dor
rowing. Because OF this Mayor Con-
away was brought to the conclusion
that little gambling could have been
going on with nothing but little
change among the whole crowd. He
said he felt the colored men should be
given as fair consideration as the
white man got and for this reason
dismissed the cases against ali SIX.
"If they are gambling down there" he
said, they'll be caught with the evil
dence sooner or later-but without
evidence l am not justified in doing
anything but dismiss charges"