Evening Star Newspaper, December 2, 1898, Page 3

ting to bb 14th s.ceet, 7:80 o'clock, A.M D trs THAT St WS THAT PL » baving such goodness you've a righ suits for xs has donb 1310 F sent CT OF PRINTING way rush this thi eam hb printi . T. ELLIC POCKET $2 ND AD TYPEWRIT! THE MANHATTAN is a titer whese i this date, Dee. 2. 1898. the $100 machin Bilt on familia minutes’ seeing vertisement we could have p ey JOHN €. MONEY BUY CAN hen “ Let us have your order r’°99 Blank Bocks Now, if ial size TOPAll hinds of Blank Thoks Easton & Rupp, 421 , SI Oa M w THOS SMITH selling a ell & CO. aHms € set price pa tre John &. de a PHE ANNUAL M OF FING a at MONDAY H.R Frank B. % A. Irwin take the job and—“Here, Bill to get bids the lowest.”* The Til shop, now ™ of 150 Port ‘able Grates. We're receiving orders every » vast finprovern sp for but 1. MeLachle Riair, ¢ $20 RUSINE ran on. None of t to expert has been <iablishing the lew a in every de Si the ing through.” ‘That particularly from when you hand copy we how, where aid and then carefully pressman and all connected Vm not asking | ng? YIT. 506 10th $100 new and improved provements are clear down Sure enough and actu, class. and selling for r lnes—bnt has as ng devices as a patent office re- it will beat w printed. Drop in ad. PARKER'S, 617 7th st. you Te Yailors & Importers, 113} Penn. ave. be in Kk. lithSt 1,000 Up. lot ror $3. FIT OR NO PAY. ts, al more space mand. Tailorins lence in ever, ail Tailors, G04 13cb st ow with us. er Lot of $1 Carvers. only $ we win your con Espey, 1010 Pa.Ave. THE STOCKHOLD: ers of the Lincoln Hall Asx for_ the ton of directors will bk e office of th associa 111 South Fairfax st.. Alexandria, Tt December 1, 1893, at 3:30 R. REPETTI retary, WASHINGTON MEMORIAL 4 SOCIAT annual meeting of the George Washingt fal Ar will be held In W: ’ Decen » 16, inclusive. Hes at the Artagton. For particulare concerning railwsy fai the chairman of the transportation committ » J. Odell, The Martinique, New York city. al Information address Mrs. George i. Hotel Oxford, Boston, Mass. commit S GAGE, Recording nolS-Tay eMPLAR, ATTENTION! FEAT rin renovated at spe 3 and prompt. Mme. J wes fy Henry E. Patterson, D. D.; DD. ie. 4 del-tm* r fe Osteopathy. _ Alice M Patterson, Wash. Loan and Trust building. Hodges Makes Contracts del-6a I never disappoiut. You See the Phrase “Lowest continual and often thoughtlesely, used by almos every printer. We use the ‘phrase altogether, and are able to back our statement Employing modern appliances, we lessen the cost of production, and what we save on frow our prices. Reason BYKON $. ADAMS, del-14d ME I AY NIGHTS at Wonn's H nos-6r* M jail, expenses we deduct of our success. Prompt Printer, 512 11th st. TALENTED from 10 to 6 and NDAY & THUKS- 721 6th n.w. Ice and Snow. Barney & Berry Skates. 506. Flyer Sleds, Soc. Snow Shovels. 25e. JOSIAH R. BA Hardware. 820 Seven’ Bailey's Dollar ant se2h-tm-10 Pure Berkeley cos at any Rye. quart. ne2d-lod to $2.00 per pair. to $3.50. Pe and 35¢. The best Whisky manufactared. time. $1.00 a full JAS THARP. $12 F st. p. HARTMAN PRINTING CO PRINTE! BUSIN! OFT RS FICE, Room 25, Atlantic Building nol By EPHONE JeGine Shirts to Measure. FOR DRESS, FUR BUSINESS, FOR OUTING, FOR TRAVELING. Qrality, style, St. we rkmar: anteed. We moke to measure ‘ship and price guar- 6 Shirts for $9. We make finer grades, of course. Woodward & calf Lothrop. THE EVENING STAR, FRIDAY, DECEMBER 2, 1898—16: PAGES? SION LODGB, an ed to meet at TURDAY NG, Dee. 3, clcloek, t) make arrangements for Tot Rayner Hobert S. How By order of the noble grand. R. WHITNEY RICHARD re SPECIAL 3 Ancient and Accepted Scottish Rite, for the U. S. of A., thelr territories und dependencies. Regalar tmeeting of Columbia Lodge of Perfec- tion, No. 1, at Su8-#10 Penna. ave. n.w., Mon- day, the Sth instant, at p.m. Work, 9th degree. CHARLES L. PATTEN, 32°. F Venerable Master. CHARLES E. CROWELL, 32°, de2-3t Secretary. SPIRITUALISM. Pierre Keeler. 905 H at. n.w.. the well- sen medinm, hold a seance THIS (FRI- D NIGHT, § o'clock E SPIRITUALISM — MACCABEE MPLE. — ON THURSDAY NI Dee. 8. Mr.” Pierre Keeler, under the auspices of the First Assoc Spiritialists ef Washington, will give tests and answer written questions from the plate in Maceatee Temple. Small door fee. RITUAL SE M_WONN'S” FRIDAY NIGHT, a st. nw. Miss Maggle Gunle of Baltime: DR. CH. LISH HAS RETURNED FROM the Hawaiien Isiauwds and may be found ut bis former office addrens, 1107 st. now, de2-3te TIN SHING DOLL HOUSES, BRICK a euchre talltes, | birthday andies and favors, bon bon boxes, cornnc crap piety insel, glass balls, Ils, tas ets.;) gold paint, 5 paste, ete 421 ih st. nedSt NoTICE THE ANNUAL MEETING OF THE ckhoiders of the Masonic Hall Association of District of Columbia, fer the el fon of dl- win * held in room MIN Bost. nw., 1 from 7 to Seerotary. ECS I PALER and Trance Medium. cured with out drugs or surgery. del-6t* York ave. nw. CLEVELAND PARK. The best and the cleapest. Take Chery Chase cars. noB-tt FREDERIC L. MOORE, Member Washington Stock Exchange, Has removed Ix office to the Wesatt building, oe" tf 14th avd F INDEX TO | ACCOUNTANTS. Page ¥ ) aMUSE:! 16 | ATTORNEY AUCTIC #DUCATION AL EXCURSIONS R RENT (iiulis).. Mt RENT (ou FOR KENT (Miscellaneous). Fok T (Otters)... FO RENT (Rooms) FOR KENT (Stores) FoR FoR Dy HORS) LAD Beene ener LOST AND FOUND... MEDICAL. - bee MONEY WANTED AND TO LOAN. TRAVEL | NOTICES RAILROADS GOOMS AND BOAL . NOTICE AN Ph WANTED 1 WANTED (Help) WANTED (Hers s) ..... WANTED (Miscelarecus). WANTED (Rooms). WANTED (Situstions). THE SATURDAY STAR. Some of the Special Featares ‘That Are Sure to Interest Readers. The temorrow will be full of bright and big literary supplement of The Star dable fiction and special articles of gen- merit. The following partial Ist of centents will give some idea of the treat th for the readers of the Sat- matte is in store urday Star: ried). by Anthony Hope that sident and is told in the clever that marks all the stories h nor of “The Prisoner of Zena |THE GRAY FROCK dius {A short st full of manne: the THE COMING WOMAN (Mlusirated). The erudition and charming personality of a brilliant daughter of Russia who is at present in Washington. . ANTIQUITY Prof. W. H in Californ OF MAN (illustrated). * study of the problera eveloped results t tling. FOR HOUSE DR S$ Ulustrated) Gracetul and artistic models for make wear; old ball foundations. gowns THE BLACK DOUGLAS (1 ted). a R. Crockett's great serial that holds the interest of so many thousands of readers. KIES IN DECEMBER (Illustrated). Another of the monthly articles on astros omy. It te! deal about the heavenly bodies that are worthy of particular study just now. BIG WHEAT FIELDS (lust Fr ted). ‘ank Carpenter tells how grain is rai nd marketed on the South Americ pampas. NEW YORK FASHIONS (Illustrated). A bright letter, full of information, espe- cially for those women who are fond of winter cycling and like to be well dressed IN THP FAR EAST. A timely article by Mr. Durham W. Ste- vers, chancellor of the Japanese lega- tion, on the probable future of China. ELOQUENT SPEAKERS. The President's cabinet is remarkable for the number of able orators it contains. LEADS THE WORLD. New York has made such great advances as a shipping port that it has now pass- ed London in the race. JUSTICE IN FRANCE. Sterling Hetlig describes the methods conducting a trial, which are very diif- ferent from our own. SHE COULDN'T LOSE. The story of a simple chorus girl who played the races on a system of her own, and came out a big winner. cesta Checking Poison From Snake Bites. Consul Skinner, at Marseilles, reports to the State Department that Dr. Calmette of the Pasteur Institute at Lille has discov- ered an anti-venomous serum, by means of which the poisoning from snake bites can always be checked and death prevented if the serum be injected within four hours after the person has been bitten. The con- sul adds that Dr. Calmette is a young man of distinguished ability, and, in addition to hs scientific discoverles, has provided means from his ate resources for the creation of a costly equipment at the Pasteur Insti- tute at Lille. The full text of the report has been transmitted to the marine hos- pital servic ———_+2+--— Thousands of situations have been ob- tained through the want columns of The Star, ___|GATEMAN KEYS HELD her, the attormeys present and the jurors joining in the interro; He is a man about forty-five years of age. ives at No. 48 I street and told his [story of the tragic affair as follows: “Yesterday morning about 4:50 o'clock 1 nding in the gate house. My hands were on the gute le Mr. Virtne, the engincer of No. sitting in the house ee Declared to Be Responsible for Death of George Gray. VERDICT OF THE CORONER'S JURY | Neglect of Duty and Defective Gate at Crossing. OF REPORT THE EVIDENCE — A coroner's jury this morning began an Investigation into the death of Fannie Bell Harris and George Herbert Gray, the two little children who were killed yesterday morning at the county road crossing, Ivy City, while on their way to school. The in- quest was held in the squad room of the sixth precinct station. There were a num- ber of persons present, including Attoyney Simms, representing the district attorne} Mr. M. J. Colbert of counsel for the Balti- more and Qhio ratlroad; Mr. Edwin B. Hay, representing the parents of the dead children, and Mr. Tucker of the Northeast Washington Citizens’ Association. The jury was sworn and was composed as follows: Charles W. Downing, Alford S. Willson, Charles C. Langley, George Gill, William H. Harrison and John F Garner. The first witness was Deputy Coronet Glazebrook, and as it was decided to in- auire Into the litte boy’s death first he told of the injuries received by George Gray. The lad was six years old, he said. His skull was fractured above the right eye. Death was due to a hemorrhage of the brain following the injuries inflteted by the engine. The little fellow was bruised on the left side ‘also. Story of the Engineer. O. A. Peters of Baltimore, engineer of the train, was next called. His train, he said, Was running between thirty-five and forty Tyiles an hour. He blew his whistle for the Ivy City road crossing, and did not antici- pate ything unusual until about thirty yards from the crossing he saw the vehicle in which the children were riding appear Just ahead on the track. His steam was shut off and his hand was on the air-brake lever. He appued the brakes with their full force jus fore the crash came. The fireman wes ringing the engine bell all the while. “Were t up or dow “IT could uot s pened ia “How es at the Ivy City crossing d Coroner Carr. about that, for it all hap- short space of time.” t that point?” ly straight for a veut. = there a regulation governing the speed trains at that poi ot me that | know of. 1 believ allowed to run at full speed until we r the Boundary “Where u begin t py coming the city? asked Mr The other side of Ly The steam cut off yesterday morning whea the accident happened, “Is the train ane “Yes, sir. It is edule bes tween Baitimore agton, with sve stop: W. E. Harris, he did not ne ing his bell. ‘The train was running on time and not faster than usual. He did not sce the gateman at the time of the His testimony was of no weight, little or nothing of the tragic occurrence, Testimo: y of Gateman. William A. Keys, the gateman who was on duty at the crossing at the time the children were killed, was sworn and put through a hing examination, the coro- ting breakfas nd Mr, J. A. Clark, an acquaintance of min s standing in’ th jor. The gate on the west side of the k side from which the children appré down, as the yard en- gine mstantly moving back and forth, and at such times I always let it remain down and raise it to let teams pass. This gate had been down some ten minntcs or more before the accident. When I heard the bells ring the warning of the approach of the express train T went to lower the Sate on the far side of the tracks. “While doing this I noticed the rig in which the children were riding coming up, the boy McDonald driving the horse in a fast trot. The horse came up to the gate and sipped as the young man checked him. The animal, however, seemed unman- able, and the boy couldn't control him. mingly. le horse's head struck the gate, and it how bout one-third of the w The fro: pport, which rests ir an upright position when the gate iz Gown, was broken by the wagon as ft went under, and as it acted also as a counter- balance, its removal allowed the gate to Pp. eing the predicament the children were in, [ left the far gate up, and thought the boy might then get out of danger. He succeeded in checking the horse again on the tracks, and the engine struck them. A Fiery Animal. “The horse was a fiery animal, and as the children were late in going to school yesterday morning, they were going faster than usual. The boy who drives the chil- dren always goes across the tracks at a fast it, and J always have to keep @ sharp lookout on him. “How high are the ga’ when in the lowered position?” “About five fe bout to my ¢ “Well, how high was the horse “He was a medium-sized horse could not say ily he Mr. Simms asked the witness a number of questions concerniug the helght of the gate. Mr. Hay asked: “How many people s from the ground but I were in your gate ree, including myself. us eating his breakfast. I g to elther of the men.” “How long have you been employed as Bateman at this point?” “Three months. 1 have been employed a number of years by the Baltimore and Ohio as operator and agent at different stations.” “Wher “At U avenue. “What de you mean by operator?” “T wes telegraph operator.” “Were you promoted then, when placed in charge of the gates at Ivy City?” “It was a transfer. “And a promotion posed Mr. Hi “It was a reduction “Why were you reduced?” “I falled to pull a lever one stopped train.” “Didn't you tell son you did not The engineer was not talk- niversity, Langdon and New York questioningly inter- y and colo lower man the rea- wates at the the time of accident was because they were out ; 1 did not.” The Broken Rod. Mr. Keys did not know exactly how the iron rod on the gate was broken, but sup- posed it struck some part of the vehicle. No other part of the gate was broken. He saw the train before he did the wagon. He gave no signal to the children, for it all hap- pened So quickly he hadn't time. “The boy would have escaped had he not checked the horse in the center of the track,” added Gateman Keys. “Are the gates operated during all of the twenty-four hours of the day?” “No, sir; only eighteen hours, I believe. I work twelve hours a day—from 6 in the morning until noon at Ivy City and from 6 in the evening until midnight at the gates at 5th and I streets.” Harry McDonald a Witneess. Harry McDonald, the boy who drives for Mr. Gray, father of one of the boys killed, and who was seriously injured in the acel- dent, was the next witness, having been brought from the Emergency Hospital in} the ambulance. He gave his home as Ham- | ilton, Ontario, and said che; was now em- ployed by Mr. Gray at Ivy City. The little fellow told a straightforward story. “I was driving rather -stow!: . “for 136 feet from the track the road takes @ sharp turn, and I had'to slow up in coming around. When I turned into the stretch of road leading tocthe tracks the safety gates were up and the warning bell was not ringing. I thought everything was all right and drove ahead. Coming down the road a little bank obstructs the view of the railroad and. ypu can’t see up the tracks until you are upon the rails. When I got on the tracks and saw the train coming I snatched the horse side- wise in the hope the train would strike a glancing blow. It was too late, however, and we were struck.” “Was the horse spirited?” coroner. “No, sir."" “Was he frightened?” No, sir. “How long have you been driving ‘he children to school and across the railroad tracks?” “Nearly every day since the Ist of Oc- tobe “How are the gates standing when trains are passing?” “The gates are generally down and the bell ringing.” “Was the horse you were driving a large or small animal “He stood about 15% hands high—a good- sized horee.”’ Harry was positive the gates were not down. “How could the horse go under if they were?” he asked, and then added: “I know enough not to drive under lowered gates.” “Did you ever find the gates up before “No, sir.” “When you found yourself on the tracks why did you not try to drive on across in a hurry?" asked a juror. “I tried to save the children by turning the horse aside. I could not have got over or cleared the train by driving on.” as the horse’s head checked up by a rein?” fo. sir, He always carried his head high in the air.” The two-seated buckboard wagon was lower than the horse, he said. The gates were not lowered, he declared, until after the accident. Others Heard. T. J. Hanley of 1644 12th street north- east, a special policeman, said he went to the scene of the catastrophe after the ac- cident and found the litde girl and boy dead. He telephoned police headquarters and did all he could to assist in caring for the bodies. He noticed the supporting fron bar of the gate was missing, but did not know how it was broken. Officer Samuel L. Brown of the ninth pre- cinet, who lives at 629 Pickford place north- east, testified about inspecting the scene of the tragedy und making a diagram. He also noticed the iron supporting rod of the gate was missing. He measured the distance between the lowered safety gates and the ground while an express train was passing. He found the gate seven feet above the ground in the center of the road. The Mt. Olivet road at the crossing is paved with broken brick. He would not drive a light vehicle over the road unless he wanted to smash it to pieces. One Who Excaped. Little Oliver Gray, elght years old, broth- er of the lad who was killed, and who was with the other children in the vehicle, but escaped injury, gave his testimony next. As the little fellow entered the room he was greeted affectionately by his father. He did not know whether the children were or were not late in starting for school yesterday morning. The horse they were driving could go fast if it was desired, he said, but was trotting along rather s.owly just before his brother and litle i were Killed. Oliver said the gate nearest them was up when they drove upon the tracks » gate on the opposite side was lowered at first and then raised. J. A. Clark, who was in the gate crossiz at the lime of the tragedy, testified that the horse attached to the vehicle in which the children were riding was traveling at 4 moderate rate of speed approaching the tracks, His back was turned to the gates, and he did not see the aecident—just heard @ thud and a scream. He did not know the position of the sufcty gates at the time. He noticed just after the accident that the iron rod on one of the gates had been broken, Mr. Jaines O. Gray of Ivy City, who is a horse owner, and who fs also the father o: orge Hezbert Gray, the dead boy, to the height of the horse at vehicle in whieh his children and ent to school. It was a bay gelding, + said, sixteen hands high. he at all fiery?” asked the asked Coroner No, sir. Just an ordinary driving horse; not afraid of the cars.” Questioned concerning the boy driver, Me- Donald, Mr. Gray said the lad had ben in his employ eighteen months, was a first- class boy, and knew how to manage horses. Gate Going Up. George Beatty, employed in the Baltimore and Ohio yard, saw the accident from a hit- tle distance. When he first saw the team the horse was under the gate, which was wolng up at the time. Who or what raised the gate he was not prepared to say. After the accident he found the tron supporting rod of the gate in the mud. William Lyle, a colored man living at 6 llth street northeast, and working “wher- ever and whenever he can,” swore posi- tively that the safety gates were down when McDonaid and his youthful charges drove onto the railroad tracks. The wit- hess was approaching from the oppo: direction at the time. The horse, he said, “just busted through the gate. James Smaliwoou of Keiuy station, em- ployed by the Baltimore and Obio in con- rection with the crossing signal system, Was & passenger on the express train. He sald he talked with the injured boy, young McDonald, on the way into the city. Witness ssid: “I spoke to the boy about people being very careful in approaching rai.road cross- , and he replied: ‘When I came under he gate I did not know the train was so close to us.’ * The boy seemed to be suffering a great deal. Engineer John Virtue and D. McJilton, both employed by the Baltimore and Ohio raliroad, testified on unimportant matters, At 1:40 o'clock the jury began the consid- eration of its verdict. The Verdict. At 2:10 o'clock the jury returned the fol- lowing verdict: “That George H. Gray came to his death December 1, 1898, about 8:45 a.m., at the Ivy City crossing of the Baltimore an Ohio railrozd, from injuries received by being struck by an express train on the Baltimore and Ohio railway. We belleve that the gate was defective, and that the gateman, Wm. A. Keys, was neglectful of his duty, and recommend that he be held for the investigation of the grand jury." An inquest is not necessary in the case of the little girl, the one verdict being suf- ficient. Keys was at once taken into custody, and was this afternoon removed to the ninth precinct station, and urless bail is secured will be committed to the District jail. nd RETURNING FROM HONOLULU. -— Regulars to Take the Place of the First New: York. The ist New York Regiment of Infantry, having been ordered home from Honolulu. its place may be filled later én by a detach- ment of regular troops, tae selection of which, however, has not yet been deter- mined. After the New Yorkers depart there will stil remain at Honolulu some com- panics of the 2d Engineers, ‘which, for the present, will constituté an ‘adequate gar- rison. The expectation is fhat the New York infantry regiment will be mustered cut after reaching ngme unless there is found further negd of its service. ao Succeeds Policeman Housel. Albert F. Johnson has been appointed by the District Commissioners a private on the police force, vice Housel, removed. Ss Annual Dead Letter Sale. The annual dead letter sale wil commence The Monday, the 19th instant, at 10 o'clock am., at the auction rooms of Thomas Dowling, 612 E street northwest. This sale always attracts a crowd, who buy “sight unseen” the articles that have been lost in the mails during the past jiscal year. Se Assigned to Duty Here. Maj. Daniel W. Arnold, additional pay- master, U. S. V., has been relieved from cuty at Camp Meade, Ba., and assigned to duty in Washington, D. @ LAWYERS ARGUE Presentation of Points in the Race Track Investigation. — MOTION 10 TAKE Conflict ot Opinion Touching Scope of Previous Decision. ATTORNEY BIRNEY’S LETIER Yesterday afternoon in the trial of the | the the Washington Jockey Ciub officers charge of permitting gambling grounds at Benning, argument w by Mr. Aderbach on the motion w have the court take the case from the jury, and this morning the same attorney held the atten- tion of the court. Mr, Auerbach, as here- tofore stated, is from New York, where he has frequently appeared in similar trials. He is said to be familiar with what has been done in such cases, and his argument was listened to atientively by the court and spectators, He had gathered from re- marks made by the court, he said, that the court’s mind had aiready been made up. If such was the case he wanted to know it, for he did not care to occupy the ume of the court unnecessarily. Judge Kimball said he preferred to hear counsel argue the case fully. The argu- meni was then proceeded wiih, counsel call- ing the attention of the court to the numer- ous Jaws anecting gambling, and said they seemed to be directed more against places than persons. After reading 1 number of authorises and speaking of the questions invotved, Mr. Auerbach declared that this prosecution was insugaied by 2 notorious gambler. “Phat is not true,’ said Mr. Baker. Mr. Baker, the New York attorney con- tinued, Was ‘simply prosecuting the case as a matier of duty, and said he had no heart in the prosecution. This morning when court convened Mr. Auerbach handed Judge Kimball a copy of a letter written by Mr. Birney, when the latter was district attorney. ‘This letter was dated March 28, 180, and had refer- ence to a bill then pending in Congress. Judge Kimball said the letter wou.d only be the opinion of a good lawyer and was not binding upon the court. This, Mr. Auerbach said, he understood, but he thought it might assist the court in reaching 2 conclusion. Counsel said that when court closed 3 terday he had spoken on two points, name- ly, that what was done on the track is not bookmaking, and that there was no occu- pation she On these auestions, he on on thought, there was not much roum for de- liberation. Referen gain made to the dec in the Miller cas nd Mr. Auerbach r from the statute Ss to be cor liberally. This direction that a libs ‘uction be put upot omething. Birney Letter Again Referred To. Mr. Birney’s letter was again referre and Mr. Muilowny said that the no ref>rence te the claim of the ment in this case. “It only relates to the men who make bets,” the prosecuting attorney remark “I thoughc the prosecution would drift into just such a channel,” said M bach, “but I didn’t expect it would drift so soon.” go the if the men who make the bets are ni liable, he said, he could not understand ho the people in charge of the groun re liable, Mr. 4 proce letter, which was publ It » Ume it was written. i copy of Senate fourth Congr first session), “for incorporation of associations for the provement of the breed of horses x regulate the same, and to establish as ing commission, and requesting my opi jon upon its merits. I note particularly the request of the Commissioners, as stat- ed in my letter, to the effect that they de- sire to know if it will interfere with ex- she im- 10 isting law in regard to boukmaking and other forms of gambling. “There are in force In this District at present two pr.ncipal laws intended to suppress the vice of gambling. The fir: is the act cf January 31, 188% (Rich., which provides in its general s_op2 ior punishment of any person who shall be the Keeper of a place for gambling, or who shall set up er keep any kind of gambling table or gambling device. ‘The second sta ute is that of ISM1, ented “An act to pre- vent bookmaking and pool selling in the District of Columbia,’ which makes it un- lawful to bet, gamble or make bets or pools in the cities of Washington and Georgetown, and within one mile of the boundary of either. Without the timit ot one mile the statutes do not proh:bit, in bookmaking or pool sel but the of Appeals has held in the case of, the United States vs. Miller that a person who establishes a place outs‘de of the mile limit at which pools are sold or books made thereby infrin| od and may be held as the proprietor tor gam- ing or for setting up a gambling devi Section 9 of the proposed act (S. 186i not, in my opinion, cha upon this subject. The prov section prohibits the occupation of any ‘room, shed, booth or place’ for the pu: pose of betting, bookmaking or wagering, and provides that certain acts in such places not now in terms punishable shail be deemed to be bookmaking or the use of gambling devices. “This section will permit hetting by per- sons who are not in occupation of any ‘room, shed, booth or place’ for that pur- pose. But Iam inclined to the opinion that such persons could not now be successfully prosecuted and that their action would not support an indictment. In this opinion 1 am influenced in part by recent decisions of the English courts, to the effect that un- er statutes providing against the keeping of a ‘place’ for betting or gambling, no offense 1s committed by persons who, hay- ing no particular place such as a booth, stand or shed makes bets with other per- sons, thereby atlirming the well-known rule in criminal law that statutes imposing penalties are not to be extended beyond their terms. Suggests Amendment. “I have to suggest, however, that section 8 of the bill should be amended by a pro- vision for a specific penalty by way of im- prisonment or fine. The penalty clause of the section is as follows: ‘And in addition to the penalty prescribed therefor he for- feits to the people of the United States all title or interest in any anima) used, with his privity in such race or trial of speed, and to any sum of money or other prop- erty betted or staked upon the result there- of.’ “We have no statute in foree which pre- scribes a penalty for such a misdemeanor, and the forfeiture of the animal used in a race is not in my opinion desirable, nor will it be likely to compel an observance of the statute. I have, therefore, to sug- gest that the clause T have quoted be stricken out, and the following be inserted in lieu thereof, after the word misdemeanor, ‘And upon a conviction thereof shall pay a fine of not less than $100 nor more than $1,000, and to be imprisoned not less than five days, nor more than ninety days, at the discretion of the court.” “Section 7 of the act is perhaps unneces- sary, but in my opinion it can do no harm to permit it to remain. 1 am informed that the bill is substantially the same as a stat- ute now in force in New York, and under which racing has been corducted for nearly or quite a year. I am also informed, and believe it to be true, that it has been found to operate well; that it has greatly lessened the vice of gambling at race tracks, and that the betting which may yet be done under its provisions has not become a nuisance. If this ts the case, and since uni- formity of statutes upon this, as upon other subjects, is extremely to be desired, it seems to me that it is a strong argument in favor of the passage of this bill without amendment, save in. the particular I nave mentioned. “I think well of all of the other provi- sions, since they seem to carefully guard against disorder, and leave discretion in the Commissioners, of the District of Co- lumbia to grant or refuse a license,” = The letter was addressed to Mr. 8, T. S made + THE CASE FROM JURY | | WARY DO YOU HURRY? Hurries Toward Death. Take time to eat properly. He who swallows hie meals in baste will lament bis dyspepsia at leiure, Take time to play. All work makes Jack not onty a dull boy, but in the end, a wortbless bey as well. ‘Take time for politeness and do not imitate the example of the man who fs too busy for the small courtesies of life, Take time by the forelock when you have a chill, a cough, or ether symptoms of a cold — they may run into phenmonia, Take time to visit the drug store at once and tn- siet apon having that which has been proven for years to be the best thing for these troubles. Take time to think and you will recall that there is but one certain antidote for these trouble that is, Duffy's Pure Malt Whiskey. Take time to impress upon the dealer that secks to sell you something else that you are not to be trifled with. Take time to require your dealer either to give you Duffy's whiskey or to lose your trade. Thomas, under date of March 28, 1896, In response to an inquiry under previous date. Net Forbidden by Statate. There is nothing in the statute, said coun- sel, to show that the defendants did not have the right to do what they did. He wanted to know why a man should not be permitted to back his opinion. Betting, he said, he believed to be foolish. “Church lottertes,” he said, but the churches have them.” “Not very much.” said Judge Kimball. “The sentiment of this community fs such that all denominations are stopping it.” During the course of the argument Judge re foolish, | Kimball called attention to the fourth sec- tion of the act which, he said, was a little troublesome. Under this section said Mr. Auerbach, it has to be shown t there was a setting up of a device or gaming table. In ‘his se there is no such proof. “Wasn't it shown that these men occu- pied the room or betting ring?” asked the court. “Not at all, your honor,” counsel an- swered.. “There were chairs piled there and at times some of the men sat down, but the proof is that there was betting all over the grounds. Mr. Jones said he made bets In front of the grand stand, and other aces, where he happened to meet people » wanted to make bets.” Attorney Au ach proceeded with his ar- gument to show the difference between a horse race that is gambling and one that is not. Blow at Large Money Interen He said that a decision against the def dants would not only mean an interfer with them, but it would be a blow at large money interests. Reference was made to the detectives who appeared in the case a honorable witne who were only per forming their duty. Concerning another witness in the case he said it was different, and he hoped that the court would vven ly learn of the-exact amstane which this prosecution was st counsel had 1 authorities planations of the points at issue, he said the p should not go to the jury me yur honor,” he said, ay what okmaking is from the evidence given, icr w Wh. made the sworn testimony on this point shews that no such thing done on tne The Government Side. After recess Mr. Baker, for the ment, responded to th> argument of for the defense. He said it was his intention to go over all the testime in the case. The proof, he argued, did show that the def-ndants were present and that three of them are members of the executive committee of the Washington Jockey Club and were stewards of the meting. Then he referred to the question of knowingly permitting gaming, and in support of his argum in this was being conduct=d openly any attempt at concealment, With regard to the question of control, he answered argument on the other side that members the executive committee were in control. In this connection he read the notice offered in evidence yesterday, which signed by the executiv> committe. Judge Kimball, interrupting, said he Would like to have counsel show him upon what grounds he would claim a conviction in the ca f Cassidy and others, who are not members of the executiv: commit- tee. ne nd without Queries by the Court. If the race is run for the purpose of gam- ing, he said, everybody connected with it Kable. “Can it be said that the starter or timer, who are paid employes, have possession or control of the prem the court asked. Mr. Baker replied that these men were to some extent officials of the race. He thovght there was no proof to show that they were paid employes. Reference was made to the Court of Appeals in the Muler é nd Mr. Baker said he was satisned that this ton showed the betting, it Was conducted on the Benning track, was done in viortion of tw An aUSWer to ne inqury Mr. E at sx of the persons charged Were served and were in court, Laree of them are members of tne executive com- mutiee of the nington Jocaey Ciup, and torce are not, Coumset then caied atten- tion : counts in Une railorma- ten tm. MY. dunes § ies Oo quest aaa or, 1 Aad He bearng Cn was us to tne pewter. Mr. baker's s.atement was d.spatcd, and the name of Chat.es S.unt, the men wh ore cut the Warsaut, was me. Way,” sual Mr. Meu. a that Mr. sirney ox, “Where ‘Turning the said: “you promised to have him here at the proper tme.” “He's slunk,” joinder. to pros: cuting officers he was Mr. Werthington’s re- “Never mind,” sa.d Mr. Muilowuy, “we ll e him here at the proper tine, and we'll also have the minisiers, the Rev. Mr. Boyd and others, here.” “Never mind the ministers,” said Mr. Maddox, “we want Syunt.| Where. is Stunt?” “Bring him in," added Mr. Worthington, “and set us sce his physiognomy.” Judge Kimvall enaed the aiscussion con- cerning the witness Slunt, and Mr. Baker closed his argument. Attorney Mullowny Takes Part. Mr. Mullowny, also for the prosecution, fellowed in an argument intended to show to the court the responsibility of the sev- eral defendants. er FAIR TONIGHT. Increasing Cloudiness Saturda: Light, Variable Winds. forecast till 8 p.m. Saturday; For the Dis- trict of Columbia, eastern Pennsylvania, New Jersey, Delaware and Maryland, fair tonight, increasing cloudiness ‘Saturday; light, variable winds, becoming easterly. For Virgima, fair tonight; Saturday In- crzasing cloudiness with showers; warmer in western portion; light variable winds, becoming easteriy. Weather conditicns and general forecast: A storm appears to be developing in the west guif, aud a second storm of siight in- tensity nas moved from Alberta to South Dakota. Snow flurries have occurred in the lake regions, the Missouri and upper Mississippi Vaueys and ignt rain in the middie and west guif regions. ‘rhe tempereture has fallen in th» middle Atlantic staces, has risen in the lower lake region, and has remained nearly stationary elsewhere. ‘Phe area of high pressure which de- veloped yesterday over the middle Missis- sippi valley has moved to the middie At- jJantic siates, and will continue to move upon the ocean. This motion of the high area in conjunction with th: storm: in the west gulf will cause-rain in the middle and east guif states and rain or snow in the Ohio valley and lower lake region; increas- ing cloudiness and rain or snow Saturday night in the middle and north Atlantic states. * The temperature will rise slightly in the Atlantic states and the Ohio and upper Mig- > With VENTH SERIES of the MUTUAL SE 2 ANSOC ATION will be bel res, $1 per At the meeting tn N om of $7.700 was advanced ou 39 shares at ao avernge of $107 per share. Payments on stock in the new seri to the treawnrer, K. J. Burtt, 813 . OF at the meeting 3. SOD ca a iv he 7th aw PHEIMER, President, EREMODY, Secretary. de2-3t_ Washington — Solicits Bank =.77" 12th and F STREETS. ~ $1 starts an account with the Union Sav=- ings Bank. 1222 F STREET. ne2s-15d MONEY WANTED— Have first-class, well-located real estate om which I want Joan from private person, No com- miesion, elit Address 0. 0. 0. SEAGER & BRAMLEY, Members of the New York Stock Exchange, BANKERS AND BROKERS, 609 FOURTEENTH STREET, Correspondents of Messrs. Moore & Schley, _n026-1f AS SAFE AS A more profitabl ne23-tt MONEY. Do you want some? Will loan on first-class crlateral or well-locata real estate, deeds of trust, My own money, Very reasonable rates. No dei Address for interview, no2z-14tf Me rl. D. Jacobs, Resident Mgnager for MILLER & CO., Bankers and Brokers Members of New York Stock New York GOVERNMENT BOND, ANI & home at Cleveland Park, care The Eventrg Star. Respectfully solicits the of hie many friends in placing thelr orders for stocks. bonds, in, ete. Open Wednesday, owember 36. 1844 i st.. under Ebbitt House. nol4-2m,16 MONEY TO LOAN, 44 and 5%. R.W.Walker & Son 14d 1006 F_N.W. Phene 987. nol CARLYLE & CO., Bankers and Brokers, 1329 F ST. Correspondents of PURNELL, HAGAM. & ©O., New York. WARE & LELAND, Chicago. Dol-14,tf 414% MONEY 5% TO LOAN ON APPROVED REAL ESTATE. RALPH W. LEE, LOANS, INSURANC RENTS. _nol ___ 06 1.TH ST. N.W. "PHONE 20429. Lewis Johnson & Co., BANKERS, 1315 F St., Sun Building. Dealers tp all government and investment se curities. New war loan 3s vongbt ané anid. war loan 3s bough sy28-0¢ Money 414 and 5% ot at Promptly ‘caned on real estate in Columbt Heiskell & McLeran, oc27-8rt 6 Fr nD. ~ W. B. Hibbs & Co. BANKERS & BROKERS, Members New York Stock Exehange, 1419 F Street. Corresponicats of LADENBURG, THALMANN & Ov, New York. TIONEY TO LOAN, 44 and 5%, ON DISTRICT REAL ESTATE. R. O. Holtzman, 0e25-tf Jorh ¥ ete. now. x. a The National Safe Deposit, Savings and Trust Company Of the District of Columbia CORNER 35TH ST. AND NEW YORE aT Capital One Million Dollars. ° syG-1t — ACCOUNTANTS A. J. WHITTO: Expert Accountant. Late Bank Examiner for New York State, Agent for the Evaus Estate. National bauk references. noi6-1m,6* 1424 New York ave. 3. E BATES, Public accountant apd avditor, Room 37, Washington Loan td ‘Trust building. Ge7-4tt sissippi valleys, and will remain nearly sta- tionary elsewher>. Tide Table. Today—Low tide, 4:38 a.m. and 4:39 p.m. high tide, 10:32 a.m. and 10:38 p.m. ‘Tomorrow—Low tide, 5:13 am. and 5:17 p.m.; high tide, 11:11 a.m. and 11:56 p.m. The Sun and Moon. ‘Today—Sun rises, 7:01; sun sets, 4:38. Moon rises, 8:32 p.m. ‘Tomorrow—Sun rises, 7:02. The City Lights, Gas lamps all lighted by 5:46 p.m.; ex- tinguishing begun at™:1l a.m. The lighting is begun one hour before the tim> named, Are lamps iighted at 5:31 p.m.; extingvish- ed at 6:26 a.m. Records tor Twenty-Four Hours. The following were the readings of the thermometer and barometer at the weather bureau for the twenty-four hours beginning at 4 p.m. yesterday. Thermometer—December 1, 4 p.m., 47; §& p.m., 39; 12 midnight, 3 December 2, 4 am., 28, 8 a.m., 27; 12 noon, 43; 2 p.m., 46. Maximum, 47, at 4 p.m. December 1; mini- mui, 25, at T a.m. December 2. Barometer—December 1, 4 p.m., 30.00; 9 p.m., 30.08; 12 midnight, 30.15; December 2, 4 am., 30.18; 8 a.m., 30.24; noon, 30.23; 2 p.m., 30.20, Condit! of the Water. Temperature and condition of water at $ a.m.- at Falls, temperature, 36; condt- tion, 32; receiving reservoir, temperature, 38; condition at north connection, 36; conal- tion at south connection, 36: distributing reservoir, temperature 39: condition at in- fluent gate house, 36; effluent gate house, 36,