The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-06-14

ADMIT THEY ERRED
mic" Grusius ct ais. Ar
raigned Before Justice
Lippincott Today.
ALLAN M'DERMoTT's PLAN
Sentence of the "Big Four Post
poned Until Saturday,
June %. Z
ALLAN M'DERMOTT'S Plan

g LIE OuUt6UDelS az u CO VIII A
be finally disposed of until Saturday, June
%. 1t had been expected that the sentences
of those who pleaded guilty would be i'm
posed today, but the Court deemed it better
to postpone the matter.
When County Clerk Mclaughlin, John N.
Crusius, John C. Carr and Gottlieb Wal
baum, the four who pleaded guilty to keep
ing a disorderly house, entered court ac-
companied by their Counsel, ex-Judge Allan
L. McDernott, Judge Lippincott was en-
gagged in irving a Bayonne case. The Judge
al once ordered a recess IL this case and
sent for Judges Hudspeth, Hoffman and
Kennys who responded Immediately. Judge
Iippincott then informed ex-Judge Nc
Der:nott that he was prepared to hear any
argument the defence had to offer and Mr..
MeDermott said:-
M~'DERMoTT'S ARGUMENT.
SIN order to ascertain the full weight OF
the offence of which these defendants admit
themselves guilty, it is necessary to CON
template the statutory conditions under
which race tracks nave existed in this
State.
colonial legislation was marked by fits
aad starts. Some years horse racing and
biting were legal, at certain times and
PAGES. Other years racing was prohibited.
tn n as now, men of onmon sense recog-
nizai that the sport of horse racing Is q
grand one. hat then as now it was recognized
Tat horse racingand betting are inseparable,
ana thaU the opportunity of betting makes
so ne men vicious.
For many wears prior to 1880, horse rae
ing ouosiie Of lair grounds was Illegal. In
that year. the Legislature enacted that it
sh1ull no longer be a crime to run horses for
nriZes or to bet ON races within the enclosures
where the races were run. This legislation
was upheld by our highest court, but 1t was
declared that the keeping OF a place where
people resorted for such betting constituted
the keeping OF a disorderly house.
'.In 1898, the Legislature enacted that the
keeping of place where people bet on horse
RACES WtH'fA not be a crime, unless the betting
was criminal.
-. nfl.I 1.lseen years six laws have been
passed TO legailze betting on horse races.
This is one side of legislative action.
1.-The charge aganlsu ulese defendants is
that they kept a disor. lerly house-the
sneciic act being the keeping of a race
course where people resorted for betting on
horse races. In examining the case OF my
clients. | concluded that it was proper that
they should admit that they had kept a race
course, and that they had allowed the public
to visit that course and wager upon the re-
salts of races. In doing this, prudence led
me to the consideration of the sanction of
the law and I examined the course pursued
~ rie cpurts of this State with reference to
this offence st7l
81 find that, In 1890. twenty persons were
indicted in Monmouth county for this
efence an sers med $500 each. In 1891 a
Gozen indictments were found in Union
county for this offence and a fine Of $500 was
imposed. In 1892 four persons were indicted
for maintaining a race track in Passalc
county and were sentenced TO one years I'M
Dri yar;IaelIt and a fine of 500. in 1892 the
T.xr,ontI PurH Association was 1udirtaI
for this offence and a the of $500 was i'm
posed. In 1893 the Court of Pardons OF this
Stats RENTED the sentence of Imprisonment
imposed in Passaic county, Il tins action
was unanimously taken upon the ground
that the Legislature Of 1855 had removed the
criinfnal aspsrs from the doing CT that of
which the sdefendants were convicted.
I'm view of this action of the highest
court in this State, l very much doubt the
propriety of these indictments, found, as
they were nearly two years after the date
upon which the offence is alleged. When the
KIM of England is crowned 1T is part OF
the obligation he takes that he will admin
ister Justice in mercy The duty there
imposed upon the King is here pom all the
courts of the State, and where that
Court of Pardons has said, Let mercy be
granted to those who thus offended before a
certain time l submit that the light given
by that court composed by the Governor,
Iu6 OuduCt11OI dld GAO ooOOA0 O0Sbi(Co Va
the Court of Errors and Appeals, will be
found of great assistance to proper conclu-
sion here.
1.-THE Legislature has recently enacted
that there shall not be any more horse racing
for prizes in this State, or any betting on
horse races, and has SO worded its enactment
that it may be safely predicted that those
who desire to witness horse races or wage
on their result will have to visit New York
or some other State.
until this wear, the policy of New Jer-
sev, as found in adjudication, has been at
variance with that found in the evident
intent of legislation. No one who reads
the slightest doubt that the intent of
the Legislature, in each of those years,
was to legalize the practice of bookmaking
on horse races. These enactments were
passed by both political parties. In matters
of this kind society has its periods. For
twenty, years New Jersey has neen not I'M
fayorably known as containing the greatest
race course in the world, and the policy of
her people was one of. tenporization-all
legislation looking to the legaliZation of
horse racing. We nave now entered upon
another period, and it may be safely pre-
dicted that, for a generation at least, both
political parties will join in prohibiting that
which each has, when in full legislative
power, attempted t~o'legaiize.
1.-THE defendants submit themselves to the
mercy,of the court, acknowledging their error
and presenting their intention of hereafter
having that full tribute of obedience which
Is due from good citizens to the laws of the
State.n
"Has the Prosecutor anything to say?' in
ouired Judge Lippincott at the close of the
remarks of Mr.. McDermott.
ssNothing," was the nonchalant reply.
JUDGES CONSULT.
The Judges held a very brief consultation
without leaving the Bench and then Judge
Lippincott gravely said
1.-THE Court considers this case as one of
considerable Importance in the light of re-
cent events, and whatever action the Court
NAV take will probably not only affect this
county but the whole State. The Court as
vet have held no consultation or reached any
conclusion in regard to the sentence to be
imposed. for we wanted to hear what coun-
sci had to say in the matter before coming to
q determination"
Judge Lippincott inquired II the Prose-
cutor could try the case against tigan, the
superintendent of the betting ring, before
June q, and was assured by Mr.. VIM
field that he could not get ready
for trial bv that time. The Court animated
that it would be better to have Egan's case,
disposed of before the sentences were I'M
posed, but the Prosecutor merely repeated
that he could not get ready so soon fof trial.
Judge Lippincott then formally announced
that sentences would be imposed on June rs,
and the defendant left court.
ALTENBERGER'S TRIAL POSTPONED
After an earnest appeal on the part of
A. Col;ooar- TudCa IinpincOtt TODAY post