Bisbee daily review., 1920-12-04

said that Bryant was in the club when they entered. and that before they entered he walked in and out several times. Ryan told of gather ing up the cards and money on the table.
 Witness Is Confused
 A. Bay, a salesman for the Home Supply company, dealing in renovat- ed army goods. was called tc the stand. Bay testified that he had money on the table, but that he was collecting q debt and was making change. He said that the money that was gathered up was his money. When asked if he had deck of cards in his hands he said. T don't think that 1 had a deck of cards in my hands" He pointed to a hand kershief in which the money had been gathered up and said that it was his money and his handkerchief When it was pointed out that the deck or cards was gathered up with the money in the handkerchief, Bay appeared to be confused. He testi- fled that he did not know how to play blackjack" and did not know If a game of blackjack" was in prog ress.
 Frank Wilder of Douglas testified that he was in the place when the raid was made and that game of blackjack" was going on. He said that he did not know how to play "blackjack" but that he gathered that the game was blackjack" from what he heard
 Tbo,,ae yxyigo;ps of nouoloc driv- CT of service car, was called to the stand. He testified that he was in Bryants place when the raid was made. He said that be knew how to play blackjack and that they were playing blackjack for money. Have you seen that man before?" asked County Attorney French, point ing to A. Bay. Les" replied Wig gins, he was dealing the game" (Bay had just testified under oath that he was not playing.)
 All the witnesses had been heard Attorney Murry expressed his readi- ness to argue the case Attorney French expressed surprise that coun- sel for the defense should desire to argue in view of the testimony, but arose to address the jury. He eX- plained the law on which the action was based; that it applied to any who operated or allowed to be oper- ated or participated in certain gamb- ling games, of which blackjack Is specifically mentioned. He spoke of tho reflections that are cast on peace officers for alleged negligence in failing to enforce the laws, and of the difficulties they are under in en- forcing them, and declared 1t the duty of those serving on juries to act according to their conscience if the law is to be upheld. He pointed out that no evidence whatever had been introduced to refute the testimony against Bryant; that those who had actually been present had testified, and that Bryant himself had admit. ted that a game was in progress and that he knew that 1t was in progress,
 Jury Is Dismissed
 In rebuttal Attorney Murry- told the jury that it had not been estab- lished beyond a reasonable doubt that the game of blackjack had been played, or that Bryant was running the place that was raided. He anus ed the jury with funny story.
 In conclusion Attorney French pointed out to the jury that the case rested on the establishment Of two facts: was blackjack played in the place that was raided, and was Bry- ant operating the place. He declar- ed that both of these points had been well proven by the testimony heard.
 The jury started deliberating at , oF. .1 SaI@ ,l jury went out for dinner, returned and deliberated until o'clock, and reported that it was unable to reach a verdict. The jury was dismissed.
 The 12 men on the jury were: Joe Boyle, George Sertic. Jacob Roche yer, Fred Pope, Fred Allen, J. B.. Whorton. Pete Bosio. F. G. Thomas, John Fry. J. R. Enyart. Charles