The San Francisco call., 1896-02-13
A COOKED CASE
FOR THE COURT.
Some Clever but Crooked
Work in a Pool-Sell-
ing Case.
A POOL MAN GOT A TIP.
Money Invested by the Disguised
Police Officer Sent to
the Track.
FIRST BEFORE JUDGE LOW
Went on Appeal to Judge Wallace
The Defendant Only Performed
Messenger Service.

Some ugly facts are coming'to light con-
cernlng the methods used to juggle with
justice in the pool.selling cases.
The noted counsel retained by the pool
men-Lawyers Foote, Dickinson and
Dnscoll case on Judge Waliace's discharge
ofSlater.
When the Driscon case was called in the
Police Court the argument advanced was
that the testimony was the same as that
on which Wallace discharged the de-
fendant in the Slater trial, and, therefore,
Driscoll should not be held.
The Slater case was heard in Police
Judge Lows court, and the record of
appeal to the Superior Court was there
made up.
There is good testimony that Judge Low
entertained very strong opinion shortly
after the case was appealed, if not during
the trial, that the case was cooked for
the purpose of getting the kind of record
before the Superior Court that the pool
sellers most desired. Connected with the
trial were some features that certainly sur
prised John I. Dare, the prosecuting at
torney.
1t cannot now be asserted that the
police officer who was disguised in citizens
clothing and charged with the duty of
personating simple purchaser OF pool
ticket on the race gave tip revealing his
true motive to the seller of the ticket but
there is a certainty that some one be-
trayed the prosecution. The pool seller in
some way ascertained that this particular
purchaser was a policeman in disguise.
1t was known to the pool-seller when the
disguised police officer would appear. II
was known in advance OF the transaction
fhar Sf fOll ic
where the record for the Superior Court
began. The identical money which the
disguised policeman handed over to the
pool-seller was Immediately dispatched by
special messenger to the racetrack, and
this fact, verv important to the defense,
was constantly presented to Judge Wallace
OF the Superior Court.
Therein Judge Wallace was deceived
and misIed. no one ventures to assert
that eminent counsel for the booksellers
knew that the Judge was being treated to
cooked" case. No one fancied for an
{ instant that Judge Wallace himself would
= suspect collusion between police officers
and booksellers, but, nevertheless, outside
facts point distinctly to the conclusion
that the case was made up to present to
the Judge of the Superior Court feature
of special messenger service, and in the
preparation OF these specialties the cause
of injustice was materially served by some
one in close touch with the Police De-
parIment.
When Judge Wallace read the testimony
taken in the trial before Judge Low
in the Police Court, aud listened to
the logic of Foote, heard the eloquence
OF Kahn and saw the gestures of Dickin-
son, he decided from a review of the testi-
mony that the person who secured the
disguised policeman's money simply per-
formed messenger service in sending the
sum out to the track for investment.
For example, the transaction was
likened by counsel for the defendant as
something after this style: "Foote sees
General Dickinson going out to the races
and, happening to have an engagement in
town that afternoon, says: Here is So
Dickinson. Invest it for me at the races !"
Judge Wallace took that view of the
transaction. The case was made up below
TO present that very significant feature to
his attention. The money handed over
Dy the disguised policeman was sent to the
track for investment. No wager was made
on a horse, no commission was charged
and no law was broken,
Police Judge Low and Prosecuting At
torney John T. Dare are making careful
inquiry into the transaction. 1t has
already come to the knowledge of the
latter that the. discharged pool-seller has
made this boast: 81 knew the instant the
fellow offered his money that he was a
capper for the police, and SO 1 sent a
special messenger out to the track with
his COIN"
Prosecuting Attorney Dare is not dis
couraged- He has proposed to try a case
every day If Chief Crowley will have an
arrest made every day. The law as it
STANDS now IS ample to suppress pool
selling, and the Prosecuting ATTORNEY is
confident that convictions can be secureT
that must be sustained by the Superior
Court.