St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-01-01
POOL ROOMS.
JudicialIy Decided That the Bust
ness Nav Flourish.

New YORK, Dec. 31.-The general
term of the supreme court handed down
Monday a decision signed by Chief
Justice Van Brunt, and concurred in
by justices Brady and Daniels, which
will interest not only every jockey club,
bookmaker, and poolseller, but every
citizen who has ever bet dollar on a
horse, or who expects to bet in the
future. The apparent effect of the de-
cision is to allow poolselling!or its equiv
alent to be conducted in this city when
ever it is lawful on the race tracks.
Last May Thomas F. Wynn, proprie-
tor Of pool room at No. Barclay
street. was tried and convicted i'll the
court of general sessions before Judge
MARITIME and jury for violation of the
pool law. On the trial of the case Will
lam f. Howe, who defended Wynn.
claimed that the prisoner did not violate
the terms of the Ives pool bill, which
gave the public the privilege of betting
on horse races at legally constituted
race tracks between May Is and Oct. Is.
Mr.. Howe insisted that if it was
legal to bet on the race track it
was equally lawful for the public
to delegate bookmaker OF any person
to receive money for the purpose of
making a bet on the race track. within
the prescribed period, in house or room
in this city, as well as on the race track
itself, aud, when the evidence for the
prosecution had ended. Mr.. Howe
moved that Judge MARITIME instruct the
jury to acQuit. This Judge MARITIME de-
MED saying that the action of the de-
PENDANT was merely trick and device
tn auoAo tho Iox
The case was taken at once to the SUI
preme court and elaborate arguments
made Chief Justice Van Brunt hand
ed down an opinion. concurred III by
Judges Daniels and Brady, reversing
Judge MARITIME, saying: at was clearly
error to submit to the jury the question
of Wynn's guilt under the evidence
produced by the prosecution, and the
court should have directed an acquit-
tai"
This decision will open the poo
rooms in New York from May Is to Oct.
Is, period which covers all the racing
in the state. TO the pool room men the
decision comes with especial relish, for
they have had hard times for the last
eight months. Up to April Is, when
the Dryers opened their track at Eliza
beth, pool rooms i'll this city had prac-
ticaly their own way. There were
about twenty-five of them, located prin-
cipalIy on Park row, Barclay and
Twenty-eighth streets, and, with the
exception Of occasional Interruptions of
a day or two, they were not molested.
Just how the decision of Chief Justice
Van Brunt will affect the pool rooms
during the period when the Ives bill
does not legalize pool selling, from Oct.
10 to May 10, remains to be seen. 1t is
illegal to sell pools in New York, but
will it be Illegal in New York to accept
commissions to betin New Jersey? This
will probably be the next question de-
cided.
Phil Dwyer was interviewed tonight
by reporter. He had heard of the de-
cision of Judge Van Brunt, and believed
it was calculated to injure race tracks,
and, therefore, racing.
Owe will be compelled to take further
measures to protect racing,'' said Nh.
DWyer. 'lf the law provides that pool
rooms in the city are common carriers
under the Ives bill, [ see no reason why
they cannot transact the same business
all the year around for any race track.
1t will furnish the same Objectionable
loOphole that existed before. feel con-
fident that public opinion is against city
pool rooms. and will heartily encourage
any effort made to keep them closed"