The San Francisco call., 1896-02-14
Management of the Case Against
Pool.Seller Isadore Mes.
Senger.
NEW FACTS COMING TO LIGHT
Decision on the Pool-Se1ling Ordinance
Was Not a Fair Test of
the Law.

A deeper inquiry into the pool-selling
case of the People VS.. Isadore Messenger
tends to verify the belief that the case was
cooked to get just such record of testi-
| mony before the Superior Court as the
booksellers most desired.
In yesterdays CALL the facts were set
forth that police officer, disguised in
citizens clothing, went to purchase pool
ticket, but previous to his advent as pur-
chaser the defendant, Isadore Messenger,
knew of his coming, and so the money
rendered vas dispatched Immediately to
the racetrack by special messenger. THE
CALL inadvertently mentioned the trans
action as connected with the Slater case,
whereas the real defendant was Isadore
Messenger.
The case was heard in Police Judge
Charles a. Lows court, Department f.
Notice of appeal was filed August Is, and
appeal papers and settled statements on
appeal were transmitted to the Superior
Court August 20. The remitteur was re-
ceived August %, Judgment reversed and
case dismissed
Judge Wallace reversed the decision of
the Police Court on the ground that the
defendant simply performed messenger
service, and violated no law in sending the
Facts coming to clearer light now show,
beyond reasonable doubt, that there was
collusion somewhere to get decision on
an incidental issue, and not on the merits
OF the ordinance, against pool-selling.
When Patrick Sullivan, an officer of the
police force, went to Isadore Messengers 5
place In the disguise of a citizen to buy q
pool card on the races the defendant, Mes
Benger, knew that Sullivan was "a cap
per" as he expressed it, for the police.
An investigation will be instituted to ascer-
tain from whom Messenger got the tip.
The police authorities who engaged to
make the arrest were surely BETRAYED by
some one in the service or the confidence
OF the department.
The case was so managed IN Department
of the Police Court that Judge Lows
suspicious were excited. At the time of
the trial ana sin ce then he i'm parted his
doubts concerning the integrity of the pro-
ceedings to John L. Dare. Yesterday Judge
Low was asked to mention the incidents
or circumstances which aroused his sus-
plclon, and he said very frankly that the
case was not conducted on either side with
the vlgor or spirit indicative of earnest
ness. He observed that counsel readily
agreed to one theory or another, which led
him to suspect that an arrangement to
agree had been formed.
Judge Low is convinced that the law
prohibiting pool gam bling will be sus-
tanned, II test case reaches the Superior
Court, on the merits OF the ordinance. He
does not regard the decision on appeal in
the Messenger case as test of the law.
The papers in the case were not accessi-
BILE yesterday afternoon, but when they
are produced close examination may be
made to ascertain if the statement on
appeal was fair to the cause of the people.
The records, however, do plainly show
that there was little time lost in getting
the case heard in the Superior Court and
in making up the official record that the
decision had been reversed and the case
dismissed.
The business of pool-selling in Messen-
gers house was not seriously EN- barrassed
by the proceedings
When the wheels of justice move in a
preferred case the revolutions are exceed
ingly rapid, but in other cases where the
interests of the people demand speedy
trial the wheels move provokingly slow.