Fbom tbe Circuit Court of Coosa.

Tried before the Hon. E. W. Pettus.

The bill of exceptions in tbis case is as follows:

“On the trial of this case, the State introduced a witness named Spigener, who testified, that the defendant, with four other persons, played at a game with cards in this county, within one month before the finding of the indictment; that the playing took place at a house in Buyckville, consisting of four rooms, two in the main body of the building, and two shed-rooms; that the largest room was, at the time of the playing, used as a retail dry-goods store; that the room in the rear of the store-room, in which the playing occurred, was used as a bed-room by the defendant; that one of shed-rooms was used as a lumber-room for the store-house, and the other, which adjoined the bed-room, was used for the retail of spirituous liquors, by a person to whom the owners (Huffman & Spigener) had rented it; that said Huffman & Spigener, of which firm defendant was a member, the other partner being a brother of witness, had no interest in, or control over, the room in which the liquors were sold, but was engaged in selling dry goods in the store-room; that the defendant acted as salesman in the store ; that the back room, in which the playing took place, was divided from the store-room by a frame partition, in which there was a door; that these two rooms were under the same roof; that there was a door leading from the back room into the back yard, but none leading into the grocery; that there was a fire-place in said back room, but none in the store-room; that said back room was used by defendant as his bed-room, and for no other purpose ; that nothing was kept in it, except his wardrobe, a bed and bed-clothes, a water-basin, and an old desk; that none of the articles sold in the store, or kept for sale, were ever deposited in said room ; that no customer ever went into it, or used it; that defendant kept the key of it in his pocket, and kept it locked nearly all the time; that during the playing there, which occurred frequently, no one except the players came into the room; that the public did not go into said room, and witness did not know that any one ever went into it without defendant’s invitation; that witness was an intimate friend of both defendant and Spigcnor, and rarely a day passed that he was not there; that he never saw said Spigener exercise any control over said room; that the playing occurred at night, when both doors were locked, the shutters closed, and blankets hung over them, so that no one could see in ; that the game played by defendant was ‘poker,’ one or two dimes ‘anti’; that defendant’s partner was playing with him ; that no one played there, except those whom defendant invited; that witness never know the room to be used for the purposes of the store ; that defendant and his partner owned the store, and that defendant was a single man.

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