New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-30
ALLEGED BOOFMAKERS FREE
DISCHARGED BY MAGISTRATE KUDLIcH.
THE DIsTRICT-ATToRNEYs REPRESENTATIVE
AGREES WITH MR. NIcoLL THAT THERE is
NO CASE AGAINST THE DEFENDANTS
ONE OF MCULkAGHs MEN
REBCKED.

Gottfried WaIbaum of No West Ninety first
St: John H. Spencer OF No. 39l North Decatur-st
Robert Mclean, of No. 2iS West Thirty -nrst-st
George Smith OF No. 2lS East Thirty-eighth-st
Joel Under OF No. 10 Avenue ID; Edward D. Gar
rity OF No lO6 West Forty-seventh-st.. ana VIII
lam Crouchen. OF No. LOS sxth-ave.. the alleged
bookmakers who were arrested at the Morris ParS
racetrack Saturday afternoon. appeared before
MAGISTRATE Kudch In the Morrisanis Court, yester
day morning for examination the charge OF
having violated the gambling law. All were ais
charged Acting Inspector McCullagh, with De-
tectives Tucker. Wren. Hinton, Pasey and CaVa-
nagh. was the complainant. Ex-District-Attor'
rey De Lancey Nicol appeared for the defendants
Several conferences were held In the Magistrate
room before the cases called. and In these MI
Nco.l and a representative OF the Dstrc'-A''
torney's Office took part.
When The cases called Mr. Nicoll handed UP
the papers and said
Your Honor. the offence charged against these dc,
PENDANTS and all OF them in fact. If receiving ano
reg steering bets and wagers in violation OF
section 81 Of the Penal Code. 1 move 70 dismiss
the charges the facts show no Violation Oh t.Ie
law Section 3l5. under which the charges are
made makes the penalty OF such violation s CIV
one Section Il OF that act, known as the feICy
GRAY Racing bill confirms the first provision ana
makes the penalty applicable except wnsn .o sinry
Initials signs is passed then II becomes te,ony
Section 351 makes OFFENCES OF pooi-seiing or haie
in ones possession any paraphernaa ana S nv
ing bets When any other lenaity " prescIlDeu ~ ~
law the defendant Is not guilty under this act any
the charge made here Is not criminal act lot "nc
a penalty be imposed.
Assistant Dstrict-Attorney Lauterbach eHpress,d
himself az agreeing with MI Nicoll In every par
,icuar and asked him to agree to an Adjournment
10 allow him to consult with the Dstrtct-Attorney
II am confident that the opinion ! have Just ex-
pressed is the opinion OF the Disrict-Attorney from
conversation | have had with members OF Ms
Office and for that reason cannot see the use OF
an adjournment" replied Mr.. N!con.
81 want TO say here" Magistrate kudich SAID
THAT I issued no warrants on the Information re-
ce,ved nor would I. Since my first knowledge OF the
case | have received Information that "ouu
Justify NV issuing warrants and held them only
as A magistrate" The adjudication OF justice
Ingrabarn binds me and them and discharge
Crouchen Clarity, Under. Mclean WalbauM anu
Spencer. - uo,.aa 70 %
Gorge smith against whom complaint mao
been taken was called for a hearing DeiecttEe
James CavanaSh OF Acting Inspector McCulas"
staff who arrested Smith was called ana salu
81 saw this man standing by another man teI-
sons went I'D 10 the first man ana spoke 10 mn
Thsn ne turned 10 Smith. who put something uOw Il
in a hook and | thought he was a clerk for tne
other man, ard arrested hlii' "i' u'NA ~ '
Wen broke in Mr. Ncol. that is the hlmsies;
You have an elastic Imagination" said Mags-
trate Kudlich. "An OF these prisoners are u4'-
charged" - ,,..arad 20 evar1-
word OF the whole with nervous afternoon
asked Magistrate kudlich for his decision IN wit
irr and on receiving Il. telephoaed II verbatim %
President Roosevelt in person