The Washington critic., 1886-09-10
BASEBALL POOLS.
The Case Against Martin Flaherty
in the Police Court.

The Case Against Martin Flaherty
in the Police Court.
The sporting fraternity was pretty
well represented at the Police Court
this afternoon, the occasion being the
trial of the baseball poolroom case
against Martin Flaherty. Flaherty was
charged under the gambling law
with setting up a gaming table at 03@ ID
street. He was represented by Messrs.
Charles $. Moore, Thomas NJ. Miller
and G. Maurice Smith. Mr.. Randolph
Coyle of the District Attorneys Office
conducted the prosecution.
Charles Finder was the first witness
called, and 1t fell to his luck to edu.
cate the court In the mysteries of bet.
ting on baseball games. This was
necessary before the testimony could
be comprehended by His Honor The
witness said he was in the habit of go.
ing to the pool.rooms every day, and
he generally bought combinations, but
sometimes he would buy a "do" or
don't" Buying combinations, he
explained, was betting that four clubs
would beat the four other clubs in the
League. AS to the "dos" and don ts,"
he would bet that club would or
would not score in certain inning.
He said the proprietor deducted ten
per cent from the amount Of money
put up and divided the balance among
the winners. He also said that he hal
seen boys between 10 and 12 years of
age buy tickets on the games. Lieu.
tenant Arnold testified to participating
in the raid and to taking out thirty
five witnesses.
Mr.. Moore said the defense would
put in no evidence, because they did
not deny the facts.
Mr.. Coyle stated that the terms of
the statute under which the charge is
brought is very broad. 1t is aimed
against any person who shall set up
any gaming table or device adapted for
playing any game for money. All
games, devices or contrivances against
which money is wagered shall be
deemed gaming table. He said case
substantially similar to this one had
been before this court, in which the
Jones Bros. were the defendants. and
the court did not hold the defendants,
and the courts decision was based on a
decision of the Court of Appeals Of
Maryland, in which case Of pool sell
ing on horse races was held to be no
violation of the law. He said there
were four opinions in that case. The
court had held, however, that the case
did not come within the mandate of the
law Mr.. Coyle claimed that the dis
senting decisions were really much
more consonant with the spirit of the
law.
Mr.. Coylo stated that the case was of
such magnitude that, in his opinion,
| the matter should be investigated by
the grand jury.
Mr.. Miller, for the accused, held that
| horse racing was not a device, scheme
| or contrivance, as enumerated in the
| law, and therefore cannot be held to
come under the law.
Mr.. Moore called the Courts atten-
tion TO the fact that it was deemed
necessary by the authorities to get a
special act of Congress to stop pool
selling In the District, and that bill
was presented to Congress last session
for this purpose.
After hearing further testimony the
Court said he saw no reason to change
his former decision, and dismissed the
defendant.
District Attorney Worthington this
| afternoon stated to CRITIC reporter
that he differed from the Court in the
matter and he would present the case
| to the grand jury.