Lively Trials of Policy Cases

Lively Trials of Policy Cases Ketline Convicted Again But Gilbert Escapes. JUDGES DID NOT SEEM TO AGREE Members of the Court Held an Animated Whispered Discussion on the Bench and Then Re-opened the Case. A trial of the policy cases in the Criminal Court yesterday afternoon was not without exciting incidents. When the case of Washington Ketline was called, Charles Stell, who was employed by the Woman's Christian Temperance Union to secure evidence, testified that he bought a slip from the defendant on August 22, 1895, in a room over McKenna's saloon on North Front street. The witness was shown a slip, which he identified as the one he purchased from Ketline on that day. The identification was made, he said, by the words "white dog row, ten cents," written on it. Stell said he had bought slips from Ketline several times. On the stand Ketline said he had not engaged in policy dealing since convicted in April, 1895. He said he had been convicted twice. Once he was fined $100 and another time the case was taken to the Supreme Court, where it is now pending. Ex-Judge Wescott, counsel for Ketline, scored the prosecuting witnesses in summing up the case. "If there ever was a person plastered all over with crime and dishonor," said ex-Judge Wescott, "it is that man. He should be tarred and feathered and sent to the North Pole or some other place capable of producing such a scamp." The ex-Judge accused Stell of writing the slip himself. Ketline was promptly convicted. The most interesting case was that next tried. Charles Gilbert, who was indicted under the new act of 1894, known as the "Storrs Law," which makes it a felony, punishable by imprisonment of not less than one or more than five years, to have in one's possession any of the paraphernalia of the game of lottery policy. Gilbert's base of operation was an alleged cigar store in Locust street. Policeman Shaw was the only witness. He had forced his way into a rear room of the shop and found Gilbert hustling into the drawer of a table at which he sat a lot of the paraphernalia of the game, which was produced in evidence. The State brought no testimony to show that these articles really constituted a policy layout, and Law Judge Vroom said if that was all the evidence there was in the case it would have to be dismissed. There was instant hubbub. Counselor Wescott smiled his broadest smile. Lay Judge Burdsall's face looked like a thundergust as he leaned over to Law Judge Vroom. Lay Judge McDowell whispered excitedly, and all three got into an animated discussion which seemed to reach no satisfactory conclusion. Lay Judge Burdsall's displeasure was so apparent as he drew away and elevated his head in the air that no spectator was in doubt as to the purport of the heated discussion. At length Law Judge Vroom said the State might reopen its case. Counselor Wescott demurred. Assistant Prosecutor Carson hurriedly conferred with Lay Judge Burdsall and then ran down to Policeman Shaw, who sat in the bar inclosure. Then Shaw got on the stand and said he had arrested Gilbert on a warrant, and that when he entered the place a colored man was quarrelling with Gilbert over the latter's failure to pay a "hit." Counselor Wescott objected and got an exception. Then Prosecutor Jenkins made a speech; Counselor Wescott made another, and Assistant Prosecutor Carson had his say. Law Judge Vroom explained the law and told a jury who asked "if a man had to be ketched" in the act of selling that under the law it was only necessary to prove that the defendant had the paraphernalia in his possession. The jury was apparently ignorant of the game and were unwilling to believe that the mass of slips, numbers, carbon sheets and other articles were policy articles, for about supper time they returned a verdict of not guilty. Ex-Judge Wescott this morning asked for a postponement of the other policy cases until later in the term so that counsel might have time to prepare their defense. He presented a sworn affidavit made by himself stating that last night he received information which he believes to be true that the written evidence, or policy slips which the State proposes to introduce against Mrs. Harriett Smith, Mrs. Susan Kinsey, Willoughby Fields, Archie Clark, Edward Bassett and Harry Drake are forgeries. The affidavit further states that he has examined these slips and that they bear evidence of being forgeries, but that he desires to have them examined by experts. The cases were adjourned until next Thursday. The slips will be examined in the County Clerk's office in the presence of representatives of both the State and the defendants. Ex-Judge Wescott was also granted a rule to show cause why a new trial should not be granted in the case of Washington Ketline.