New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-30
TIE PooL-sELLING TEST CASE FAILS.
LACK OF EVIDENCE CAUSED 1.-THE POINT AT II
SUE NOT DECIDED.

LACK OF EVIDENCE CAUSED 1.-THE POINT AT IS
SUE NOT DECIDED.
Tho pool selling :" test case,7 which was expected
to decide whether or not the scheme which Howe &
Hummel, the criminal lawyers, defend is without the
reach of the Ives Pool BILL brought TO trial yes
terday before Judge Cowng, but account Of failure
I'm the evidence the result inconclusive George
Williams was indicted for registering wager Police
man William Flynn, of the Second Precinct, testified
yesterday IN answer TO questions by Assistant l IS
trict- Attorney Jerome that he went 10 No. Barclay
st. on June II and filed out and signed card which
was given TO him by ono of Wiliams's clerks. The
card contained printed request that wager be made
at the grounds Of the Concy Island Jockey Club at
sheepshead Bay on Choctaw at not more than TO 1
and ade the person TO whom 1t was delivered a
common carrier to take the money TO Shcepshcad Bay
and invest 1t there 1t stipulated that the wager
should be made only on the grounds at sheepshead
Bay Officer Flynn paid IS go the fifty cents being
for expenses. Flynn said that the clerk gave him
a coupon and placed the ticket on hook with othe:
similar ones. The officer then. arrested Williams.
Mr. Howe, who defended Williams prepared to
admit all the facts and wanted TO proceed at once
to argue as 10 whether the transaction viola
ton Of the Ives Pool bill. Mr.. jerome said that the
prosecution would argue that the scheme simply
trick TO evade the laws against poolscllng. Mr..
Howe said
The law which formerly prohibited betting on the
horse races was modified a year ago, that the
operation of the section prohibiting II SUSPENDED
for thirty days while in progress oil each
track. So that now may 20 to jerome Park land
here the lawyer smiled at the prosecutor nephew
of the Wellknown turfman from whom jerome Park
takes its name and show faith In favOrite
horses. There may be something wrong about the
act, but have had the pleasure OF meeting Justice
OF the Supreme Court at such places, who was not
unwilling 10 wager his money, and without saying
ANYTHING of the present District Attorney since nc
suncd that Office, have certainly known OF his par
ticipang I'm such sport before he became District
Attorney. Now, argue that the transaction which
has caused this indictment precisely such as my
sending OF my clerks jerome Park with another
smile AZ the young prOsecutOr other track,
and telling him 10 invest $40 On-say on EOlian.D
Mr. JerOme-Or OF ElkwOOd7
Mr.. Howe-Yes. or Elkwood few days ago
The card says that the money IS 10 be invested Only
ON the grounds OF the racing association.
Judge Cowing-Thc defendant is indicted for regis
tering and recording bet wager. Now, see on
this card that the blank before the word dollars
has moi been filed out so that there is nothing re-
corcd here. i DO not ice how the prosecution can
make out a case here
Nh. JEROME noticed that and do not think this
Is q press.
particular SIP. but We don't argue that. We are
willing TO eoncede anything The word hve' NAV
have been rubbed out. The officer SAYS that he paid
IS. WHAT VIC want Is TO show that the law Is com
piled with by this kind OF transaction.
Judge Cowing--I am not here TO lay down any
general principles of Law. This Is criminal action