Every evening, Wilmington daily commercial., 1920-02-20
MASON FINED SIS
Continued from page I

Mr.. GRAY insisted that llanley was
examined for the liqnor larceny only and
after repeating his insistenee, MIR. Rem
harlt said: Il say that IL not correct.
The attorney-general added that Hanley
WAS warned that he did not have TO give
anv testimony that would incriminate
him.
FORMER DETECTIVE KING TEstIfILs'
Former Detective Sergeant Lorenzo =.
King WAS the first witness called by the
state He testified that lac WAS IN the
attorney-general's office when lianiey WAS
questioned. He added that Former DC
tective Sergeant Francis T.. Grecn, VII
ham X. Miner and the chnei deputy-at-
torney-general, L. Warren Green, were also
I'm the Office when the investigation Was
made.
King WAS asked what was said TO Han
lev. Mr.. Gray objected. The attorney
general replied that he had ample anthori-
ties to prove that the matter was material
The former detective SAID Haniey WIS
asked three or four times as TO whether or
not there was crap game and thAt ne
replied that there was no crap game. lie
further testified that Hanley sad ne
went 10 the apartment Mt IL O'CLOCK .,
night and that he remained there uhth
5 o'clock in the morning.
Mr.. GRAY at this iuncture asked II the
dofendant had not said at the investlga-
tion that there was no crap game beng
played when the officers arrived. king
rephed that Hanley had said there was no
Gran game during the entire time he was
therc.
William X. Milner, of the attorney
generals Office, substantially corroborated
tho testimony OF Sefgeant King, lie was
..Led by Mr.. GRAY if the defendant was
told that "he did not have to answer any
thing that would incrimlnate hun.
He replied that he was. He also SAID that
he had no recollection of Hanley saying
that no game was on when the police
officers arrived.
The attorney-genersl, after some sharp
questioning bv Mr.. Gray, said that the
attornev-genersls office had nothing 20
conceal and that after the hearing MT.
Gray could see copy of Hanleys testi-
mony at the investigation held IN the
attorney generals Office.
WHAT POLICEMEN POUND.
Patrolman Powell. the officer who sent
IN the call 10 the police station, after he
had reason to believe crap game was IN
prorress. testified that while on the street
he heard "shoot a quarter, said by some
one. the voice issuing from Mason apart
ment. He further testified that later while
standing at the door of Mason 5 apartment,
me heard the same remark come twice IRON
the room. He said there WAS no game
when he entered the room. Tie testified
20 finding a pair of dice on the floor, but
that he saw no game IN progress.
Officer Elijah johnson testified that he,
patrolmen Reese and Nirden went 20 the
rorner of Ninth and Orange streets. where
they were joined by Powell. He SAID he
heard someone say ''shoOt quarter. HE
SAID there was no money on the moor
when he entered and that Officer Powell
had the dice in his hand when ne entered
the apartment.
Patrolman Nirden testified in effect
similar 20 Officer johnson.
Morris Thompson. who was In the room
when the raid was made. was next called.
Nhen he took the stand there was con-
siderable argument Us 10 whether the WIT
ness had TO answer any questions that
would incriminate or degrade him. Mr.
GRAY strongly protested against Thomp-
son being asked IL he was present IN the
room. When asked If there was crap
game IN progress Mr.. Gray again OBJ
iccted.
QUESTION or SPECTATOR LIABILITY.
Counsel for Hanley contended that
men have been fined for being present at 3
crap game To this the encouragement
replied. that matter can be settled by
the upper court.
J'pon Mr. Gray;s insistence that the
witness did not have TO answer any CUES
ton that would Incrlmlnate or degrade
nm under his constitutional right, Mr..
1 IL. l.. i y
Mr.. GRAY on that point, and that the wit
ness could not be prosecuted for being
present st the crap game. The attorney /!
general again added that the upper court !
ran rule on this matter.
The Revised Code was referred to and
the section relating TO crap playing was
read. the point being made by the at .
that the law specifically /
provided that to be guilty the accused must +
ce shown to have engaged IN the game.
MAGISTRATE Gluckman ruled that the
witness could answer the question. Again
Mr.. GRAY insisted that q spectator at a
-an1e can be fined The attorney-general
again said ne disagreed with Mr.. Gray.
When asked the question again Thomp-
.on said: "Do have the right to refuse to
answer thatI
Magistrate Gluckman said that the
ritness must answer the question.
Again Mr.. Gray asked that the witness
" instructed that he did not have to
answer ANYTHING that would incrimlnate
Inn. Magistrate Gluckman ruled the
answer would not incrImInate the wit
leSs.
SAID THERE WAS GAME.
Thompson thereupon replied TO the
question as TO whether there was a crap
sme, that there was"
Leonard J. Crosby, another occupant of
he room when the raid was made, was
ben called. Mr.. Gray again made the
anne objection TO questions asked the wit
ess. When the witness was asked II there
ras crap game in progress on the day III
uestion, he replied, there was
Edward Baines and former Sergeant of
detectives Francis j.. Green were called
DR. the Stste, but both were absent. The
asked that the reason
Or the non-appearance OF the two WIT .
esses be ascertalned.
This closed the hearing of testimony.
Ir GRAY asked for dismissal OF the case,
that perjury had not been com
litted. He said that perjury could be
only in Judicial proceeding. :
ir. Reinhardt said he could produce 1
,ng line OF authorities 10 prove that per
Iry was the point in issue. He added that /
ne court could determine il it was per
Iry that had been committed.
Mr.. Gray said that it was false swearing