New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-04-12
SUNDAY EDITION.
APRIL IL, 1891.
BOOKSELLER CONVICTED.
coNMoN.sENsE IN TIE JURY BOX.


UP THE PooLRooMsi
IT. ,rrr in the case Of the seven men who
;rd;cted for poolselling brought in verdict
,..+erdav morning. finding Samuel Fisher guilty
and acquitting the Others
IT, case was closed on Friday night and the
-, No, having reached verdict by IL O'clock
g.. lacked ND until yesterday morning. Fisher
". tho manager of the poolroom at No. 33
VI. T&v.ntv-ninth-st.. and the other men who
..r. indicted were employed in the place. Those
ubo were indicted besides Fisher, were Henry
Iores Charles W. Spencer, Thomas Edgeworth,
Iohn ! Murray, Edward Harris and James Guion
WHEN the verdict was announced Justice Barrett
.old these men that they were discharged
Mr. Howe then requested that time
ne rjyen to him to make motion for new
trial. Justice Barrett gave him until Monday 10
make the motion. The severest penalty which
can be imposed upon Fisher is fine of $4,000
and imprisonment for one year. Upon tie nrst
ballot the jury stood ten for conviction OF all
the prisoners and two for acquittal
II this verdict succeeds in getting past the
General Term of the Supreme Court without being
overturned the members of the police force will
10 longer have an excuse for not arresting keepers
,f poolrooms. Ever since the Wynn case was de-
cided by the General Term of the Supreme Court,
declaring that these alleged booksellers were merely
common carriers, who placed the money at the
track for a commission, the keepers of the
gambling holes have carried on business with
high hand. They have Haunted Presiding Justice
Van Brunts opinion in the face of every one who
dared to impeach their honesty. They have
put forward the ridiculous assertion that
the only compensation which they received for
placing a bet--no matter how large it was-was
the mere pittance of cents. They have de-
clared that they could keep up large establish.
ment with dozen assistants hire a special tele-
graph wire and pay for the services Of operator
at the racetrack keep bank account large enough
TO do all this, and still make money by charging
s cents for placing each bet. COmmon-sense ridi-
culed this preposterous assertion although II has
evidently taken those who administer the law
long time to discover the fact.
great deal of interest has been shown In this
case and the courtroom has been crowded with
bookmakers and gamblers while this trial has been
in progress. When the verdict was announced
morning, those in the courtroom were
greatly astonished, and none more so than Fisher.
He looked fOrlorn enough when the full force of
the verdict dawned upon him. lie stared en-
viously at his companions, who went Scot Tree,
while he was still in the clutches OF the law ana
liable TO be locked up for year ana 10 De opngeu
10 nav fine of g., 900. The counsel for the prls-
oners were so absolutely certain that their clients
would be acquitted that the verdict came IKE q
waited around the Court House until the
Jury were locked up for the nlghO
on Friday evening They discussed the matter
from every point of view except the posSiolltE
of conviction. When the jury did not promptly
return with verdict of not guilty, the Watchers
all agreed that there must be one crank on tne
jury who was too eonsclen 6is TO gamSo' anu
When the jury announced the Verdlct the lacU
slowly dawned upon the booksellers THAI, hoUw!Cii-
standing the acquittal Of the clerks pIhnclPe
had been enUnciated which would undoubtedly
make life miserable for booksellers; There was
no congratulatiDg those who had escaped the
penalty, for they all comprehended that no victory
inry had probably not considered IL great crime
FOR the clerks to try TO make living, even 10y
gRg " =, n who ep ssy place e SO openly
10 violate the law. The police force VIII no
longer have the excuse that they cannot secure
a conviction, even though they should alreSI Une
booksellers, and row they ought to be aoie 10
Chief Inspector Byrnes sailed to Old POINT
Comfort Thursday the Ponce mn honft5
having suffered from the effects OF oyerwork;
He will return 10 the city to-day, proDapiE, anu
will attend TO the booksellers. inspector Steers
who was in command Of the department yesteI11
raw said in the afternoon We have Just heard
of the conviction Of Fis!ier, and 1t is welcome
news. This conviction will enable the police TO
being in sympathy with the booksellers lately
We have been opposed to the pooIrooms all along,
but our hands were tied by the ruling Of Judge
Van Brunt in the Wynn case, that the booksellers
could legally act as common carriers, ana receive
money in this city to be wagered al the racetracks
Notwithstanding all the talk about non-inter-
ference. we kept on collecting evidence AGAINST
the booksellers and applying for warrants. Police
Justices refused TO issue the warrants, and CON-
plained when we made arrests without warrants.
We still believed that the common-caIrier dodge
was Illegal but in the face Of a decision by
Supreme Court Judge we could not close the pool
Knowing that other judges took view Of the
law different from that of Judge Van Brunt, we
tried. successfully. TO bring another test case
10 trial. The public should remember that the
police cannot interpret the law. We must execute
or enforce the law as it is interpreted for us
by the courts. The conviction of Fisher VIII
enable us to close every poolroom in the city, and
we will do that Immediately. We shall get from
the District-AttOrney an official notice OF 1he
conviction without delay. The poOlrooms can do
no business this evening or to-morroW, because
there are no races. On Monday we will be ready
10 arrest any booksellers who may venture 10
defy the law. It i6 safe to say that no poolroom
in la city will he allowed 10 run There Is no
doubt that the closing of the poorooms VIII ne
q benefit. Men who have spent their time hang
ing about such places in the vain hope OF winning
fortunes will have chance TO look up some
honest employment Fewer clerks and messenger
boys will be tempted to steal in order to play
the races"