The San Francisco call., 1896-11-24
POLICE RA|DING
THE POOLROOMS
Three of the Police Judges
Are Not Backing
Them Up.
Cases Are Always Dismissed
as Soon as Brought
Into Court.
Prosecuting Attorney Dare Raises a
New Point Which Judge Joachim
sen Will Decide To-Day.

The poolroom ordinance formed the
subject of able arguments in Judge
Joachimsen's court yesterday afternoon
and caused sharp interchange of words
between the Judge and Prosecuting At
torney Dare.
There are number of cases on the
calendar in this court against the pro-
prietors of poolrooms for violating the
ordinance, and yesterday afternoon was
set for the trial of the first on the list.
The police have been raiding the pool
rooms since they opened concurrent with
the opening of the racetrack last month,
but every case that has been taken before
Judges Low, Campbell or Conlan has
been dismissed on the ground that the
poolroom proprietors were simply acting
as commlssion-men by sending the money
TO the track, in accordance with the re-
cent decision of Judge Wallace. Still the
police kept arresting them, to be followed
by anoth er dismissal.
The case that came before Judge
Joachimsen yesterday afternoon was that
of George f. Tuttle, 20 Leidesdorff street.
Policeman Francis, who made the arrest,
testified in effect that on October % he
purchased a pool ticket for 25 cents from
Tuttle, playing Caliente for a place. No
M mention was made of any commission.
The pool ticket was submitted, and there
the case rested.
The defense was represented by Attor-
neys Joseph ]. Dunno and s. II. Regens-
burger. Attorney Dunno moved for a
dismissal of the case on the ground that
the defendant, by sending the money to
the track to be wagered, was simply act
ing as a common carrier, for which he
could not be punished under the ordi.
nance.
Prosecuting Attorney Dare, in long
and able argument, contended that the
ordinance covered the case in point. 1t
had been prepared by q learned ex-J udge
and revised by some of the leading law
yers in the City, and its pream BILE showed
how essential it was for the protection of
boys and young men. He contended that
they had proved their case, inasmuch as
subdivision of section 1 says:
No person upon any trial or contest of skill
speed or power of endurance between horses.
except within the inclosure of 8 racetrack
where such trial or contest is to take place,
shall SELL issue or dispose OF any ticket certifi
cate or other evidence of payment on whic h
shall be inscribed, written printed any
number, name, word or mark or anything TO
designate the choice selected, received or ac-
cepted by any other person to entitle or enable
the said person holding the said ticket, cerlifi-
cate or other evidence of payment to gain or
lose on any contingent issue.
he COuteuQeu lldC IL ulQ not matter
whether or not the poolseiier sent the
| money to the racetrack or what became Of
| it. They had the evidence of the pool
| ticket end that was sufficient.
! The Judge said that the other three
| Judges had dismissed similar cases and
| they would not have done so unless on
good grounds.
| ''Simply because the other Judges have
done certain thing is no reason why you
! should follow their example without tax
! ing into consideration the law and the
evidence" said Prosecuting Attorney
| Dare.
| The Judge, with some asperity, retorted
that he did not require to be instructed as
| to his duty. He said he would render his
| decision on the motion for dismissal on
Saturday.
Prosecuting Attorney Dare objected
strongly to such long delay. The police
would continue to arrest people and the
calendar was already clogged. He saw no
reason why an earlier decision should not
be given.
The Judge insisted upon Saturday and
| asked Attorney Dunno if he had any evil
dence to offer.
None" replied the attorney.
In that case" said the Judge, 81 will
give my decision in two minutes"
Attorney Regensburger said he would
have some evidence to offer, which angered
Attorney Dunno, and he said he would
have nothing further to do with the case.
Finally the Judge advised Regensburger
and Dunno to settle their differences be-
fore this morning, when he would give his
decision. The other cases were continued
Till SATURDAY..