The evening times., 1896-01-10
District Attorney Biira!ey Dis
cusses the Coming Sport.
TROUBLE MAY BE IN STORE
The Act Under which Fred Miller
Was Convicted win Hold Good In
the Case of Any BOOkmaker Who
Takes Bets-He WIN Take Time to
Investigate the Matter.
~--,.l.. ....,I,r

been made for the spring meeting OF the
Washington Jockey Club, at the Bennings
race course, next April. the question nat
orally first arising in the minds. of turf
followers is what action win the District
authorities take as regards the mecting?'
There has always been such a pronounced
fight made against racing III the District
since the pcoi bill was repealed, flIat the
wise people" say the authorities will
surely not let them race Unmolested next
spring. t.''."i ''r' ''' '0'''
To settle this question representative OF
The Times visited United states District
Attorney A. a. Birney last night, and had a
long talk with him upon the prospects
those connected with the track will have of
being prosecuted. ---r
Mr.. Brney has been so busy during the
past few weeks that he has not had time
to give the matter much thought.
II have not thoroughly looked into the
matter as yet he said, but intend to
take pains TO do so at the very first
opportunity. The system OF betting, l
understand, will be entirely different from
anything that has ever been had in this
vicinity.
METHOD OF BETTING.
II am not very familiar with the exact
method OF betting that has been III vogue in
New York State during the past season,
bur understand that the attempt TO pre-
vent the bookmakers from laying odds at
the track failed"
viii the decision rendered by Justice In
graham In the case of President Lawrence
OF the westchester County Jockey Club and
of the bookmakers and bookmakers' clerks
who were tried at the same time have any
weight in the District courts?" Mr.. Birney
was asked.
"ot course" he said, you understand that
the laws are entirely different in the Dis
trict from the laws under which Justice In
graham gave his decision. A precedent al
ways carries great weight in court Of
justice. but it is my impression that a diff
fereDt decision would be given III the courts
here.
''Theac OF 1854, under which Fred Miller
was convicted for setting up a gambling
device would, / think, hold good in the case
of any boOkmaker who took bets, no matter
what tricks he might make use of to dodge
the letter of the law.
Il do not wish to state positively just
coed against the Washington Jockey Club
when they open up in the spring, but
must have more time in which 10 investi-
gate the matter. II find that we have
no case will, of course, take no action
whatever. but we will have a close watch
kept and the moment that any money is
seen to chan ge hands between the men who
are styled layers of odds and the public
there is bound TO he trouble.
TENOR OF THE SPORT.
''I understand that the stockholders Of
the club are very anxious to adhere to the
exact letter OF the law and will issue an
order strictly prohibiting any betting Of
any kind on the grounds. As the men who
now own the club are gentlemen whose
honor and trustworthmess can hardly be
questioned, there is little chance that there
will be anything to occur which will in any
way mar the even tenor OF the sport.
However as 1 said before, l am hardly
ready to tell just what will do in regard
to the matter, but if you will call upon me
after I have had leisure to look into the.
ma tier morethoroughly, will he in better
position to talk with you"
From this talk it looks as IL there might
be trouble in store for the Bennings people.
1t is hardly likely, however. that even if
any of the layers are mulested they
will be convicted OF setting up gambling
device.
The decision rendered by the New York
justice was a plain a statement of the new
system OF betting and its relation to- the,
laws against gambling rs could have been
well rendered. and the District courts will,
ten chances 10 one, give one of a similar ma
ture.
When Fred Miller was convicted there
was no chance whatever for an argument
hat he was not doing gambling business,
rs his entire paraphernalia was taken
it the same time that he was arrested.
With the layers it is different. as the
Jnly things dcnoting their business which
AN possibly he found upon them are the
title cards with the odds on them that the
Jerks carry and their memorandum books.