The Archive · 1929

Mr. Bryan's Reply

Mr, Bryan deprecated the attack made by Dr. Fischer on the Council, its members and its employees. The facts were exceedingly clear. Counsel then went on to mention certain matters with reference to Garcia when he was brought to a halt by Judge Tseng, who told him to confine his argument to del Valle as Dr, Fischer had done, Counsel, continuing, said that, there was little to be said regarding del Valle, who had admitted every. thing in the lower court. Mr. Aiers letter to the Mexican Consul was. sufficient warning that 151¢ Bubbing Well Road would be raided at the proper time. Defendant had been notified by the correspondence that he was flouting the law but he continued to flout the law because the Mexican Consul took no action. He knew the police could not raid the place because the Mexican Consul took no action. This being the case, a barbed wire barricade was placed round it and the names of everybody coming out was taken down, The evidence showed clearly that del Valle came fut and demanded what right had the police to raid his place: he was 'a Mexican citizen, he said, and they could do nothing. Even after this, continued to defy and flout the law by continuing to run the Wheel, because he thought he was secure when he knew the Mexican Consul took no action. Even if del Valle was subject to Mexican laws, he must have known that he was violating the Mexican laws and the inued was not Consul would take no action, Mr. Bryan did not think that it was necessary for him to say whether roulette was gambling because the Court had decided that it was. This was merely a specious [contention on the part of appellant's counsel. He further submitted that 16le Bubbling Well Road was a gambling house and vot a club. If it was a club, where were the bylaws and what were the regulations and other things which went to make it a club? Access could be gained upon the presentation of one's card. As to whether it waa private gambling or public gambling made absolutely no difference, money was made and money was lost there. Another specious argument of defendants was the fact that the Council collected taxes and thus supported defendants. The Land Regulations provided that all householders had. to pay taxes, 14 per ent. of their rentals, and because 'a man paid the rates did not mean that the Council agreed with what hho did and permitted him to carry on gambling in his house.. If this argument were upheld, the Council would be involved in every' armed robbery and kidnapping case that jeame up and that was absurd:

Text read from the printed page and cleaned; old type leaves the occasional error.

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