Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-04-24
BETTING AT BENNiNG
Inspector Hollinbergers Inquiry Into the
Matter.
There Was Gambling There, hut No
Open Solicitation of Bets
Was Practiced.

Inspector Hollinberger, chief of the local
detective corps, has fled with District At
torney Davis a report OF his Investigation
OF the alleged violation Of the District
gambling laws at the Benning race course
during the present meeting of the Washing
ton Jockey Club. and Mr.. Davis will, in a
few days, decide whether he will or will
not lay the matter before the grand jury.
AS stated in The Star, Inspector Holm
berger. accompanied by several of his men,
visited the Benning course Thursday after
noon.
They carefully observed the form of bet
ting INDUCED in, noting the manner Of
several of the alleged bookmakers and the
manner In which they transacted BUSH
ness, ana otherwise preparing themselves
to testify both before the grand jury and
IN court, In the event of the matter being
laid before the grand jurors and an indict-
ment being found. 1t Is understood rha.
inspector Hollinberser made no suggestion
10 District Attorney Davis, merely report
ing what ne and his men had observed
inspector reported that there had been
no solicitation on the part of the so-called
oookmakers, and no public display of Odds
On the Sly.
He is said, however, to have informed
Mr. Davis that while there has been 10
solicitation of bets by the alleged book
makers. they have accepted money, the
name or initials of the persons depositing
the money noted on a sheet specially pre-
rared. together with the amounts deposited
the amounts offered against them and the
names OF the horses bet on. At the same
time Inspector Hollinoerger explained that
no receipts were given for the money de-
posted, or any token exchanged, further
explaining that where the name or financial
responsibility of the Spectator was known
to the receiver of the money bet no money
was required to be deposited. Then, MI.
Davis was Informed that successful specu-
ls.tors were as rule paid off at the track
Immediately after the races played by
them bad been decided.
In the Miller case, in which Mr.. Davis
appeared as counsel for the defendant,
Judge Coles decision that pool selling and
bookmakfng constitute the setting up of a
gaming table, and are, therefore, in vio-
lation of the act of January 81, 1888, was
affirmed by the Court of Appeals 1t is ad-
mitted that II the form of betting INDUCED
In at the Renning track is in violation of
any law 1t IS in violation Of the first sec
ton of the act of 1888.
The Law.
That section is as follows: Every per-
son who shall in the District of Columbia
set up or keep any gaming table, or any
house, vessel or place on land or water
for the purpose of gaming, or gambling
device commonly called A. B. c., faro bank,
E. O., roulette, equality, keno thimbles or
little joker, or any kind of gambling
table or gambling device, adapted de-
vised and designed for the purpose of play
ing any game of chance for money or prop
erty, or who shall induce, entice or permit
any person to bet or play a. or upon amy
such gaming table or gambling device, or
on the side or against The keeper thereof,
shall, On conviction, be adjudged guilty of
misdemeanor, and SHAH be punished by i'm
prisonment for term not more than fire
years"
Miller, WHO was prosecuted by Mr.. A. A.
Birney, then district attorney, was charged
not with bookmaking, although he con-
Quoted a book at the Benning track, but
the provisions of section one of the act
of 1888. But when the form of betting now
practiced at the Benning track was called
to his attention last spring and fall, MIR.
BirEey, as district attorney, concluded, SO
it is claimed. that it was not in violation
of the act Of 1883. And that too, it is
seid, although his attention was called to
the fourth section of the act by those who
&C implanted that the law was being vio-
lated.
What Gaming Is.
The latter section of the act is as fol-
lows: IAN games, devices or contrivances
at which money or any other thing shall
be bet wagered shall be deemed a gam
ing table within the meaning of this act;
and the courts shall construe the preceding
section literally, SO to prevent the mis-
chief intended to be guarded against
Whether or not Mr.. Davis will agree with
his predecessor in this matter is of course,
matter of conjecture, but it is believed
that he will lay the matter before the
grand jury, and allow that body to decide
the question. If he does so, it is more
than probable that the grand jurors will
conclude that the form of betting COM
planned of constitutes a prima facie viola
ton of the act of 1883, and will, therefore,
indict one or more persons. In that event
the courts WILL Of course be called upon to
decide the controversy.
The managers of the Washington Jockey
Club, men of the highest standing. have
permitted the betting on legal advice that
it is rot illegal, and the question having
heen raised, they are DESTROYS that it shall
be finally determined by the courts before
the next race meeting, the latter part of
November. Therefore, they will do what
they can to obtain final decision before
then, and will welcome the making of a
test case, they having no desire to wilfally
violate any law. If he ever does, Mr.. Davis
will probably lay the matter before the
grand jury during the coming week.