New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-05-19
HEARING IN p J. DIVERS CASE.
DE LACYs LAWYERS TRYING TO SHOW THE
NUMEROUS ELEMENTS OF CHANCE IN
HORsERACING. TO ESTABLISH THEIR

DE IAc-Y-s LAWYERS TRYING TO SHOW THE
NUMEROUS ELEMENTS OF CHANCE IN
HoRsERACTNG. TO ESTABLISH THEIR
LOTTERY CLAIM.
Two hours were occupied yesterday in the hear
ing before Police Justice Walsh. In Brooklyn In the
case OF Philip j. Dwyer. president OF the Brooklyn
Jockey Club. At the close OF the formal exanna-
ton Of H. H. Mcintyre. secretary OF the club. Jus
tice Walsh said that on Monday when the evidence
had been transcribed he would held Mr. Dwyer for
the action OF the Grand Jury. His counsel promised
10 have Mr. Dwyer In court, and said that no bail
would be offered for him. but an application would
be at once made to justice of the Supreme Court
for n writ of habeas corpus and the whole oueston
would be argued In that court.
In the hearing before Police Justice Walsh pro-
tracted effort made by Benjamin Steinharut' OF
Howe a. Iummel's office who appeared for Peter
De Lacy in the prosecution. to lay foundation TOT
sustaining the claim that the Brooklyn Handicap
was n lottery. by showing the large number OF
chances which entered elements in a horse-race
George f. Elliott appeared with Mr. Stcinhardt.
and Mr. Dwycr was represented BY John NJ. Bowers
Charles J. Patterson and j. a. Weinberg. a con-
ference OF counsel was held before the hearing ana
It was agreed that Mr.. Dryer should be held 10
represent the Jockey Club and that there wouid
be nothing acrimonious In the proceedings
Mr. Mcintyre testified I'm detail in regard to the
incorporation OF the club and It's rules relative 10
racing and the arrangements made by MT. p%"y'r
- Handicap.
and explained. counsel explaining That som" JuuBr
might hc called upon To- pass Judgment TO whom
vernacuar OF the racetrack was not iathIltl'
The amounts OF the entrance fees ana the Hthk;;
were given the number Of entries. w"ghts. etc. Al
the facts were classcd the chances OF race oy
the prosecuting counsel. evidently 20 sustain the
lottery contention The fact that Iowland"r ana
CLIFFORD were left at the post on Tue$iaY was
brought out and tho relative merits or JOCKEYS,
There are good and bad Jockeys queried MI
YES. AZ there are good and bad men in every
walk Of ne good and bad lawycrS rpiei sec
Mri
"And good and bad secretaries" retorted the
counsel who had not relshcd the hit AT MS pro-
f6qsion. , 49,, ~
Finally an adjournment was s'rggesied ana Mr.
Sfeinhardt accused his opponents Win sethnJ
DELAY I'm order that tho GravcS-nd meeting Sh'n'
la run out before a decision was reached ,-,,
4 few more questions by 'he prosecution inlsh'a
their case and then Mr. Bowers, for the defence
male a brlef animation. 20 show that jung
rn.nt and skill had more than chance 70 DO WIN 10"
result Of n horse race. - a.. ,.,,o,
Agreement reached 70 ADJOURN III" '"'''''
proceedings untU Monday morning $500, ,..A,o
There was Examination before Justice N3o 9f,,
Of C;ravesend I'm the office % George :. i.li",i'
Yesterday afternoon IN the case ~ Patrick Cole
man who was arrested on Thursday. IN "rd'r -
test the legality - poo. selling ana " ~as s'rann
With District Attorney Rdgwny 70 nave IN" Hh'''
presented in the Supreme Court on VIII ~,
ccr,iorari. 20 iost the question The matter VIII
probably be taken up next week.