James Weitsman, 28, an investigator for the police department, testifies that he witnessed the defendant, James Fest, receiving and paying out monies to men wagering on throws of the dice at 3 State Street. Weitsman says that he entered the gaming house every day during the period from February 8 to February 15, 1911 when he saw the defendant standing at a craps table next to a box containing silver dollars and half-dollars. Weitsman says on cross-examination that the deputy police commissioner, William Flynn, hired him at a rate of three dollars a day to investigate gaming houses in the city. Weitsman denies that he profited from any gambling that he might have done in the course of his investigations. John McMullen, a detective, testifies that he arrested the defendant on February 15,1911 on a warrant issued on the basis of Weitsman’s investigation. John Stringer, who had previously pleaded guilty in the Magistrates’ Court to gambling and who worked the roulette wheel at 3 State Street, testifies that he frequently witnessed the defendant at the craps table during February 1911. There is no record of a jury verdict.

William Houghton, 30, an investigator for the police department, testifies that he observed Harry Burgess operating a craps game in a gambling house at 1542 Broadway. Houghton witnessed Burgess on several occasions in December 1910 working as a raker, raking the dice and handing the dice to players gathered around the craps table. There is no record of a verdict.