The record-union., 1898-09-25
FISHER WAS NOT INFORMED.
WHAT THE OFFICER DOESN'T
KNOW ABOUT POOLS.
Couldn't Say Whether His Pool
Ticket Was on a Horse or
Cat Race.

The effort to test the validity of the
poolroom ordinance in the courts yes
terday ended in failure, owing to the
fact that Police Officer Michael f1sher'
who caused the arrest of Frank Ia
roux for selling him a pool on horse
race, admitted on the witness stand IN
the City Justice Court that While ne
bought a ticket, he did not kno"
whether it referred to a dog race, loot
race, swimming race or horse race.
AS a consequence, DarouX was uls-
charged, and the validity of the orol-
nance is no nearer being Determined
than it was a week ago. Corporation
Counsel Devine appeared for the prose-
cution, and c. T. Jones and Cllntoh L.
White for the defense.
The complaint was peculiar IN that II
did not charge DarOuX with conducting
a poolroom, but only with selling flsher
a ticket on a race thereafter to be run
at the Gravesend race track IN New
York. That portion of the complaint
referring to the charge, after the ellln-
ination of legal verbiage, read as Iol-
lows:
Frank Daroux did willfully and un-
lawfully sell. dispose of and issue 10
NJ. Fisher a certain ticket, on which
was written the words and figures,
'Sombre 2-1.' which designated the
choice of a horse selected by Fisher, to
win a certain horse race and contest OF
speed to be thereafter run at Graves
end race track in the State of New
York. and the amount of money M.
Fisher would win from Frank Daroux
upon the contingency of the horse
named in ticket winning, and the
amount of money he would lose to Da-
roux upon the contingency Of the horse
not winning the race"
officer Fisher testified that on Tues
day last he and Officer Maley went into
the poolrooms at the Capital Hotel
building at Seventh and K streets.
Frank Daroux was behind the counter,
and witness said to him: I'D like to
buy a ticket on Sombre." Daroux said
Two to one on Sombre," and handed
me ticket, which he marked. The
witness identified the ticket, and it was
admitted in evidence.
The witness described the blackboard
in the poolroom, and said the name Of
Sombre was on the first race at Graves
end n. Y.
On cross-examination the witness said
he bought the ticket in question in or
der to obtain evidence against the pool
rooms. He had gone there under the
instructions of Chief Of Police Dwyer,
and the latter had advanced the money
with which to purchase a ticket, and
he did not care whether the ticket won
or not Witness further said he did not
know whether Gravesend was the name
of a race track, a horse, a State or a
Senator. and said if he was not to be
allowed to tell what he had learned
from the newspapers he did not know
anything about it. He only saw the
word "Gravesend'' on the blackboard,
and did not know where it was, unless
it was out at the cemetery.
On redirect examination the witness
said that when he bought the ticket he
did not know whether it was a dog race,
cat race, swimming race or a horse
race. He bought ticket to secure evi-
dence against the manager of the pool
room. He gave a dollar for the ticket,
which had written on it, "Sombre to
L.
Corporation Counsel Devine said the
prosecution ought to be given consider
able latitude, inasmuch as it saemed
to be extremely hard to get any facts
from the witness.
Attorney C. T. Jones, for the defense,
said the witness was evidently willing
to testify, but had no facts to testify
to.
Justice Davis said it was evident
that the witness could tell nothing more
be al fnld nd
the examination strung out all day
nothing new could be adduced.
Mr.. Devine said he supposed the off,
Ger, when he went to secure evidence,
understood his duty, and knew why he
had made the arrest. He supposed the
officer was a man of ordinary intelli-
gence, and that he had secured some
evidence before he swore out the COM
plaint for the defendants arrest.
officer Maley said he was prepared
to swear to nothing that had not been
testified to by Fisher, and he was not
placed on the stand.
Justice Davis remarked that in the
absence of any evidence of guilt it
would be necessary to discharge Da-
rouX, and an order to that effect was
promulgated.
WILL TRY IT AGAIN.
officers Fisher and Maley We're not
satisfied with the result of the trial.
Daroux was charged with selling Fish
er a ticket on a horse race to run at
Gravesend race track, New York, but
when the officer went on the witness
stand he found that what he had imag-
ined was evidence was merely hearsay,
and that he had no facts to back I'D
his allegations.
After Daroux had been discharged
the officers again went to the poolroom,
and Fisher bought a ticket on Coda,
one of the horses that ran in the last
race at Agricultural Park yesterday.
Fisher was after evidence. He took
his ticket went to Agricultural Park,
hunted up the horse. and had talk
with the owner He asked the turf
man whether the animal really was a