Robert Thompson found in possession of slips of paper with numbers written on them. "at premises 231 West 62nd St., N. Y. in a room located on the fourth floor West Side of above said premises James Brown )present) did wilfully and unlawfully keep and maintain a room for the purpose of gambling in violation of 974 P.L. New York under the following circumstances:
Deponent states hat at about 10 am above date he saw above defendant of the above said premises, whereupon in his presence two men and a woman all present and charged with violating 974 had in their possession a quantity of policy slips and Uponquestioning the defendant what profit the defendant derived from said policy slips, defendant addmitted that he derived a profit from said policy slips.
Deponent further states that in presence of deft., he also found a number of policy slips and two books for writing purposes with entries made therein and an adding machine which defendant admitted to have used in the carrying on and playing of thegame of policy."