A Judge Reverses Himself and Lets the Gamblers Walk

Judge Glasgow startled the bench of the Municipal Court yesterday afternoon by rendering two decisions that are causing no end of criticism among the city officials. The cases were not important on account of the magnitude of the crimes involved, but the judge, after finding a man guilty of gambling, reversed his own decision, and in the second case threw a case out of court where the man consented to plead guilty on condition that certain other gambling cases, where the evidence was weak, should be dismissed.

Last Thursday night Chief Rogers, Detectives Philbrick, Cudihie and Hart, and Officer Barbee raided an establishment kept by Moy Lung in the one-story brick building on Washington Street between South Third and South Fourth, and gathered in twenty-two Chinese men who were crowded into a small room. It was a double surprise and worked successfully, but the racket made by the men as they ran under tables and dived into nooks and corners in a vain attempt to escape, and chattered wildly, could have been heard several blocks distant. Chief Rogers and Cudihie went in the front way, while Detectives Philbrick and Hart and Officer Barbee took the back door. The Chinese men tried to conceal a kit of tickets marked 'W. Y. 1, W. Y. 5,' some coppers, a few nickels and some silver, but were partly unsuccessful.

Ten of the unlucky men did not get bonds and were compelled to lie in the city jail all Thursday night. When they and their more fortunate companions were brought into court yesterday afternoon and arraigned before Judge Glasgow, who had just returned from Olympia, some one remarked that Chinese New Year must have broken loose once more. The defendants demanded separate trials, so the city decided to go ahead with the case of Ah Toy, who was pointed out by the raiders as one of the dealers in the poker game. Philbrick and Hart claimed that by looking through a window, the curtain being up two inches from the sill, they saw Ah Toy dealing the cards. When the rush was made all was confusion, and everything in the room was topsy-turvy when the officers actually got inside. Chief Rogers told of taking a lot of the tickets described from Ah Toy's waistband and also described how the men tried to destroy such tickets.

Ah Toy was the only witness in his own behalf, and he openly admitted that there was a poker game going on, but said it was for fun, or, as he termed it, to see who would pay for bread. Judge Glasgow fined him $75 and costs for gambling.

The twenty-one other cases then came up, and finally Acting City Attorney De Bruler and W. S. Fulton, who represented the Chinese men, agreed to a compromise. Moy Lung, the proprietor of the establishment, was to plead guilty, provided the other twenty men should be dismissed. The city attorney stated that he was afraid his testimony in the twenty cases wherein gambling was alleged was rather weak and scattering. To try them one by one would take up a long time, and he thought it best to move a dismissal, as the attorney for the defense had agreed that the proprietor would plead guilty to conducting the place if such action was taken. Mr. Fulton said he was willing to have his client enter such a plea if the twenty gambling cases were dismissed. Judge Glasgow then dismissed the Chinese men, who filed out of court in single file.

Then the judge, instead of fining the proprietor and thus winding up the whole matter, ordered the city to make a statement of facts in the proprietor's case. Chief Rogers then explained how the gambling house had been running for two or three weeks and was considered a gambling resort. He said that the proprietor used to be a storekeeper. After the chief had finished his statement Judge Glasgow said he did not think there was sufficient evidence to convict the proprietor.

'Why, he has already pleaded guilty,' interrupted De Bruler.

'That doesn't make any difference,' put in Fulton. 'The order of the judge to hear testimony sets aside the plea.'

'Well, find the proprietor not guilty,' said the judge.

Then he thought a moment and told Clerk Crawford to let the Chinese man he had already fined go free, as he had concluded to reverse his decision.