(Convicted of Permitting Gaming on His Premises: Judge Purdy's Comment-
In the United States Court for China on Tuesday afternoon before Judge Milton D. Purdy, E.J. Beard ley was fined G-$500 or given the option of a gaol sentence of four months for permitting gambling on hhis premises at 19 Avenue Edward [Viton December 11, 1925. It is understood that the fine was paid ig-]immediately after the decision was rendered.
Mr. B. J. Schuhl appeared for the Jdefendant and Mr. L. G. Husar, U.
District Attorney, prosecuted, Tt will be remembered that the premises were raided by the French police on the above date and sever pieces of gambling paraphernalia, gether with notes and chits, were seized, About a score of foreigners were in the room at the time, When the ease came up for hearing Honour ruled that Beardsley bad fbcen charged under the French Municipal bye-laws instead of under the statutes of the District of Columbia Code, under which the Ceuet operates, and dismissed the charges. Information was immediaely filed under the District of Columbia Code.
'At the opening of the proceedings on Tuesday, Mr, Husar said that the jeounsel for' the defence had agreed to allow the evidence taken during the previous hearing to be admitted, order to save time, My, Schuhl then made an application for dismissal on the same grounds as before—that the French potice had not obtained a search warrant—and intimated that the Court had sustained his objection on this point in the previous hearing. He was reminded by his Honour that the objection was sustained on the ground that the charges were brought under the French Municipat bye-laws and that the evidence, consisting of the gambling parapher-alia, should not be allowed.
"Though excluding the parapher-alia as evidence, I will still have to admit the eye-witness' testimony," his Honour said, also ask that the charges be dismissed on the ground that the! evidence and information now before the Court is insufficient. When the place was raided, Beardsley admitted that he was the proprietor, but that is not enough evidence," Mr. Schuhl said.
"Flow can he escape by saying that some other Tom, Dick or Harry put the paraphernalia here, when he was there every night and walked around and watched? It doesn't matter if be let someone else come up there and eet up the gambling devices, or if he put them there bim-self, he ig guilty. He told the police hat he was the proprietor of the place. If I go into a hotel and some-ne tolls me he is the proprietor, and no one says differently, isn't that conclusive evidence?" his Honour asked.
Mr. Schuhl then called two Chinese witnesseg who were working at the house when the raid occurred.
One of the "boys" said that the police had broken the chain which locked tie door. 'The chain, he said, was put there so persons would not' come and steal valuables.
Beardsley wag then called to the ness box and unfolded a story which tended to throw new light on the raid. He gave his age as 50 and said that he kag been in China nce 1914, He was a marine eng-
Witness said that he had taken a Tease on the premises because the owners refused to lease it to anyone bat an American, A man named Garcia was paying him $450 2 month, giving him a room ang $50 'a month expense money to hold the Tease. The rent was always paid by the shroff of the company and witness had nothing to do wit ning the gambling games, although the sold drinks. He admitted that he knew tha: there was gambling going on and that he had been in the room on numerous occasions and watched the gambling, but had no control over the tables. He had been working there two months be-lore the raid and had, on the night lof the raid, only come into the house about five' minutes before it took place.
In a short summing-up speech Mr. Schuh asked for dismissal, after
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