The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-07-01
POOL SELLERS GLUM TO-DAY.
WINS CONVICTION LETS THE POLICE
At THEN AGAIN.

Book Makers CorresPondInRIy Happy -It
In Lawful to Take Money and bet IL on
the Trnck, but Not to Only Pretend
Thomas +. Wynn. reputed to be a manager
for Peter Do Lacy, was tried yesterday In the
General Sessions before Judge MARITIME for re-
cording bets and selling pools. The trial was
OF particular interest to oil pool sellers, and
sporting mon filled the court room and corri-
dor. About year ago William Spencer was
tried In the General Sessions before Judge
Gidersleeve unon a similar charge Spencer
raised the point, in his defence. that no was a
common carrier employed by the complainant
to take the money to the Sheepshead Bay race
track and bet the money on horse designated
and that therefore he could not be punished
for pool selling In this county. Tho jury 40
quilted him. and after that the pool sellers
were jubllant. They secured from counsel a
form OF contract between the would.be pur-
chaser OF a pool ticket and themselves. In
which there was an agreement that the money
should be accepted by the pool seller as q
common carrier 10 be bet, outside Of the coun-
IT, upon a specified horse. and that the pool
seller should receive twenty-five cents for his
services as q common carrier. Recently Dis
trict Attorney Fellows determined to make
test OF the precedent established by Spencers
ac1uittal, and chose the case OF Wynn, wherein
the facts were almost similar those in Spen-
GERS case
Policeman William Flynn testified that on
May II he entered a room at 5 Barclay street.
In which the defendant. Wynn, was sitting.
There was desk behind railing and black
board. and there were horses names upon the
black board. He asked II they took beta on the
races there. Wynn said that they did not, but
that lie would contract TO send money to any
race track, and have 1t bot on any horse that
the witness selected He also said that he
would charge 25 cents for this service. The
witness wanted to bet 50 or Fordham for the
first race at the Brooklyn Jockey Club grounds
on that day. After he had paid 1925 Wynn re-
auested him to sign his name on the back Of
The witness then produced in evidence this
ticket:
Bol at tie . e." bel. ns Ss track 6n s
Gy kns Sa So * Kew c r and at
OTHER place and Time the sum OF S. on fordhan,. Ent
race al To ,sd rsfs 'fasE ss; p5ss NAN
stood and a this IL re anS 10 f"d tn 9"Is.
my money that yop place my said money FOR me only
shs srousd q IL. BToakyn Joctsy cia1Sarins
imaES You my c"mion carTiers For tie eHprnse in,
Sp5S e 70. IN SS S o" H sad
pay you the sum of twenty five cents
As soon as he, had received the ticket the
had testified the people rested. TIero was no
Lawyer William F, Howe moved that Judge
show, that he used The house at 5 Barclay
over no registration OF bet or wager within
he meaning OF The statute. Nothing had been
as lawful an act as the execution OF power
OF attorney.
Gp TsOTs said Hh tnst Flynn
man gave a power OF attorney to another man.
he allowed that other man to retain it. Judge
MARITIME told the jury that the law specifically
prohibited the keeping open Of place for the
The plain. bald question for the jury ' to deter
mine was whether Wynn did or did not register
bet or wager IN violation Of The law
elaborate paraphernala for the registration.
Il the jury found. as a matter OF fact,
ever-n card. book. q black board. a bit OF pa
per Or ar anyt9,GE fer reGstratOn i
claimed that tho transaction between Wynn
and Officer Flynn was a bona flde agreement
70 convey money to duly licensed track ana
Jury believed this: they should acIuit But II.
on the o. her hand they believed that 1t was
statute. they should convict. There could be
OF either OF the parties 10 make the agreement
trick and device to defeat and avoid the law.
fery ee in the
room pulled about as long face as Wynn did
The verdict frees the hands OF the police, who,
gard such q transaction MS occurred between
ynn and Policeman Flynn as legal. 1t will
race tracks Judge MARITIME told he j jury that
he fully. concurred in the verdict Wynn"
said Judge MARITIME, like good many other
men In this city. you were undoubtedly ad-
vised that what you were doing was not. tech
nically. violation OF the law: Your conviction
is the first one obtained under this law and.
therefore. do not intend TO mprson you.
fine you $3.50 and you will stand committed
to the penitentiary day for each dollar until
the fine Is paid"
Motion for "a new trial was denied. stay OF
proceedings. pending an appeal to tho General
Term Of The supreme Court was asked for
Judge MARITIME reserved his decision. and PER
mitted Wynn to go In tho custody of his coun-
sci until this morning. when. IL the stay is
granted, he will be required to give $1,000 bail.
pending appeal