The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-08
POOLROOM TEST CASES,
Judge Low Finds ISador Mes
Senger Guilty of a Mis-
demeanOr.
The Defense Will Carry the Matter
to the Superior Court for
Settlement.

| The poolroom test cases were tried before
Judge Low in Police Court 2 yesterday.
| The defendant, Isador Messenger, was
found guilty of violating Sections and
of Ordinance 1850, and sentenced to pay q
fine of 500, or in default to be confined in
| jail 10 days. But Isador Messenger has not
yet paid the fine, nor is he in jail. Whether
or not he will satisfy the sentence of the
Police Court will be settled in the hearing
on appeal by the Superior Court.
| More than the mere matter of the pay
ment or not of the fine will be settled by
that hearing. The defense has promised
that if the Superior Court sustains the
| lower court the poolroom of Schwartz d
! Messenger will be closed and give the po-
| lice no more trouble, and the attorneys for
the defense say that if they win they expect
| immunity for their clients from further po-
lice interference. W. W. Foote of counsel
for the defendants said yesterday in discus
sing the case:
| This ordinance prohibits betting and max
ing books on races except in an Enclosure OF
| some regular race track. These men were ar
rested under the ordinance. But they have
not violated it because they do not make bets
or books. They take a tieket-purchaser's money,
with the understanding that they are to carry
| themoney to the Bay District track and there
money is not bet till it reaches the track.
The purchaser pays commission OF 20
cents on the dollar for the services performed
for him.
| 1t was shown by the evidence that
! Policeman Sullivan purchased two tickets,
Nos. 259 and 260, of Isador Messenger, pay
| ing so cents for each of them with an
added commission of 10 cents on each
ticket. Sullivan declared on his testimony
| that he paid no commission, but Messen-
ger swore that Sullivan rendered him 81 %
| in payment for two 50-cent tickets, and he
gave the purchaser the cents in change.
These two tickets were yellow in color,
and Sullivan also purchased white one
which he said he bought either of Isador
Messenger or his brother, though that
ticket was bought on his own response
bility and not as a part of the testimony
in this case.
Messenger was closely questioned by
Judge Low as to his trip to the racetrack
to invest the policeman's tickets. He said
1t was true that he paid 10 cents car fare
and 81 admission to make this commission
of 20 cents. The technicalities of procedure
were waived, the defendant goes to the
Superior Court on a statement, the bond of
the defendant was fixed at $780, and At
torneys W. W. Foote, julius Kahn and
I. G. Coogan were allowed ten days to file
their bill of exceptions.
Ex-Judge Levy acted as special counsel
for the prosecution, and he was attended
by Police Captain Whitman, who has been
active in the proceedings against the pool
rooms.
The case against J. B. Goldtree was dis
missed, because he was not the right man.
The case against w. G. Kennedy was also
dismissed, for the reason that he had gone
out OF the pool-selling business, and prom.
ised that he would never again embark
in it.