People v. Ah Own

Sharpstein, J. The information charges that “ the said Ah Own, on the-day of February, A. D. 1888, at the city of Sacramento, in the said state of California, and before the filing of this information, did then and there willfully, unlawfully, and feloniously play, carry on, open, cause to be opened, and conduct as owner, for gain, a certain banking game known as and by the name of * tan/ said game being then and there played with certain devices, to wit, buttons, checks, and Chinese coin, and other money, and other representatives of value, contrary to the form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of California.” Section 330 of the Penal Code reads as follows: “Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of faro, monte, ¡roulette, lansquenet, rouge et noire, rondo, tan, fan-tan, stud-horse poker, seven and a half, twenty-one, or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or any other representative of value, is punishable by fine of not less than two hundred nor more than one thousand dollars, and shall be imprisoned in the county jail until such fine and costs of prosecution are paid, such imprisonment not to exceed one year; and every person who plays or bets at or against any of said prohibited game or games is guilty of a misdemeanor/’ Under the information it was incumbent on the prosecution to prove that the defendant played, carried on, opened, or caused to be opened, and conducted as owner, a game of “tan.” To prove that allegation, the prosecution placed upon the witness-stand the police-officer who arrested the defendant and made the complaint against him before the com[582]mitting magistrate. The witness testified in substance that on the night of the 21st of February, 1888, he arrested the defendant; that on the night of the arrest, at about nine o’clock, he was passing along and noticed that the front door of the house in which the arrest was made was closed; that he walked around the house quickly; that there was a little counter in front where the Chinese have a little store; that he jumped over the counter and pushed himself into the room, where a game of “tan” was being played; that when he got into the room the Chinaman that was dealing dropped his stick, and with the players ran to the back end of the room; that the defendant occupied a chair which witness called the “banker’s chair”; that the defendant was behind the table; that the witness reached and caught defendant and held Mm, and obtained some of the money that was on the table in front of him. The witness then gave a description of the game of “tan.” On his cross-examination the witness testified in substance that at the time he went into the room he saw the game in operation; that one man had a stick in his hand pulling the buttons out; that the witness did not know who he was; that he did not see the defendant doing anything, but only saw him occupying the position which he had previously described; that he did not see the defendant conduct the game, nor did he see him take into his hand any instrument with which the game was conducted, nor did he see him take into his hand any of the money that was on the table or in the drawer.