United States v. John F. Ismenard, John Ismenard, and Robert Smith

United States v. John F. Ismenard, John Ismenard, and Robert Smith. A public gaming-liouse is a public nuisance at common law. Upon a joint indic.tment the judgment must be several. Indictment for keeping a public gaming-house. 1st Count. Common nuisance. 2d. Under the Act of Assembly of Maryland, 1797, c. 110, prohibiting faro-tables, and other gambling devices, to be kept by tavern-keepers and retailers of wine and spirits. Mr. Mason, the Attorney for the District, cited 1 Hawk. 360, 362, that a public gaming-house is a common nuisance. Mr. E. B. Caldwell and Mr. P. B. Key, contended that playing at cards or dice is not malum in se; nor in itself an offence at common law. 11 Co. 87, (6). And that a public gaming-house is no offence at common law unless it become disorderly, so as to disturb the neighbors. 4 Bl. Com. 167, 171. [MAJORITY — But the Court] But the Court (nem. con.) instructed the jury that a public gaming-house is a common nuisance. The verdict having been rendered against the defendants upon the first count only, and the indictment being joint, it became a question whether the judgment should be joint or several; and the following authorities were cited: Jones v. The Commonwealth, 1 Call, 555 ; Godfrey's case, 11 Co. 42; 2 Hawk. B. 2, c. 48, § 10, 17, 18, p. 633 ; Esp. N. P. 420; 2 Hawk. c. 25, § 89, p. 342. The Court imposed the fines severally: namely, on J. F. Isme-nard, $133§, on John Ismenard, $50, on Robert Smith, $25; and required each of them to give security in five hundred dollars for his good behavior for one year.