New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-09
TUE PERCY-GRAY LAW AGAIN
,pcEs OF COLLISION IN THE CASE ON
APPEAL.
,.,,r~r BEFORE THE COMMON PLEAS GEN
ERAI, TERM-DECIsIoN RESERVED

,,,urNr BEFORE THE COMMON PLEAS GEN
ERAL TERM DECISION RESERVED
ON ALL POINTS.
,os.,cn =. the constitutionanty OF the Percy
i p.cins Law came UP before the General Term
re- court Of Common Pleas yesterday. when the
- ~ Henry c. Judson against the flushi"s
,-.tav Club was called for argument
- ,,a,ntifY sued the Flushing Jockey Club in a
-, court Tor the recovery OF sweepstakes
~ his horse won but which the club refused
., nav on the grounds that 1t was lottery ana
=" so,a.ion Of the constitutional amendment per
,r,ns 10 gambling. Civil Justice Lynn decided
20, The &C; was unconstitutional. and Judson ap-
IT, 70 the General Term Of the Court OF Com
p pleas The appeal was argued before Judges
,,..noN and Gegerich. On Monday last Judge
o,.ser,ch handed down a decision, holding that the
oov-Trav act was constitutional. Judge B.schoh
ro,-owed his decision in the case of Dudley against
,so Flushing Jockey Club and declared the law I'M
Constitutional
psntsm.n stenhardt appeared for the Flushing
r,ckev club and Joel " Marx represented Henry
= ,ulson Ex-D.strct- Attorney ne Lancey Nicol
and Joseph : Auerbach appeared for the Jockey
r'uh and other racing associations There were on
.na bench when the case called Chief Judge
Dslv and Judges Bookstaver and Pryor
~ Auerbach asked the Court 10 permit him and
Mr. N.con 20 appear in the case. I'VE want 10
show. said he. that this is a fictitious case ar
rarsel 10 make the decision one way. We want 10
chow ron, the record itself that the case is no;
entitled 10 any hearing.
NJ NicoL contended tina; there was no real case
tsf... The Court bu; merely a cousive litigation,
MANUFACTURED by the attorneys to eXtort an ex-
p-essi On from the Court.
chief Judge Daily said the Court would allow
vessrs NicoM and Auerbach 10 make any sugges-
Ions rs 10 the record that would help the case
Mr Marx .hen began his arsument He said that
III tn matter ~ until January. for he new Ap-
sid he that this Court hold that the Percy
cray Racing law is constitutional. and that the
IL lgment Of the ower court is erroneous
Mr. Auerbach said the present case was not
brought for he purpose Of revenge and cha , E.
Sronsht' he said "for Interior purposes and We
ar willing to show The Court what the scheme Is
Court irbo decision. and make it party to the
scheme II may not be necessary. but II II Is, we
will prove Interior motive for this case OF a
Mr Auerbach ihen asked that the case he sent to
III Appellate Division Of the supreme Court WHERE
/; ,ould be properly argued with the real racing
JUICE Pryor asked II the race a, Flushing which
wa won by Judsons horse. was prearranged az
tai Mr.. Marx said he did not know =. o..
JGlge Pryor then asked Mr.. Steinhardt. and he
rs,, "a. Not 20 nv knowledge" He declared that
,hers was no collision on his part or ms client :;
an insisted that he case was brought III good
~ thought there was any collusion. remarked
yuige Pryor Il would not listen 70 the case a
M YOU not retained by Peter De Lacy in this
ease asked Mr.. Aneroach .on u.no had retained
hin ana Mr Marx jumped up and said he was
nI 1sN5b Patterson who represented the Brooklyn
Jockey Clut. said that this was case IN whch me
cow should make Inquiries for Itself TO alscoveT
that the case be sent before o referee , ,a
After further argument counsel on pom s ss1
submitted briefs. and the Court reserved dec'S'o"
on an points.