Torts · MBE-tested

United States v. Henry Miller

4 D.C. 1044 Cranch 104·United States Circuit Court of the District of Columbia·1830

(CRanch, C. J., absent,)

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Opinion

United States v. Henry Miller. Evidence of the declaration of another person, that he was the guilty person, cannot be given. Evidence that the defendant dealt the cards, at faro, is prima facie evidence that he kept the house. Indictment for a nuisance in keeping a public gaming-house. Mr. Coxe and Mr. Dandridge, for the defendant, offered evidence of the declaration of another person, that he was the keeper of the house and gaming-table. The United States Attorney objected, and the Court refused to receive the evidence. [MAJORITY — The Court,] The Court, also, instructed the jury that dealing the cards, as keeper of the faro-table, was prirnd facie evidence that such dealer was the keeper of the house. (CRanch, C. J., absent,)