Evening star., 1899-03-03
B00KMAKfRS' TRIAL
Question Of Alleged Violation Of Law
at Benaing.
MAX KLEIN'S Case TEE FIRST CALLED
tT
The Taking of Testimony for the
Government Begun.
OF INDICTMENT

Trial was Degun To-Day before Justice
Bradley in Criminal Court No. 2, of what
is known as the race track cases. The
hearing, it is understood in reality involves
the question whether or not bookmaking,
as it has been conducted in connection with
horse racing in the District of Columbia, is
a violation of law. The cases of eight book
makers who operated at the meeting last
fall of the Washington Jockey Club were
called to the attention of the grand jury.
That body reported indictments against
four of the eight men, Max Klein Charles
Emerson, Edward NJ Gaines and William
j. Connor. 1t was agreed by counsel, for
the sake of convenience, to first try the
charge against Max Klein, and his accord
ingly was the case called to the attention
of the jury today. Assistant District At
torney Ashley NJ Gould appeared for the
government, Attorney A. S. Worthngton
of this city and Attorney Herbert Barry of
New York representing the defendant
Inc defendant waived the right of having
the indictment read, and entered q plea of
not guilty.
The Jury Sworn.
The following were sworn as jurors:
Messrs. John H Thornton, j. A. Garden,
G. A O'Hare, B. W. Reed, W. H. Wright,
A. Thomas, F. w. Huddleson, T. w. Hun
gerford, w. Stiebling, G. w. Gary, c. Frank
Mankin and Thomas j. Stanton.
Assistant District Attorney Gould, in
opening the trial, called the attention OF
the jury to the indictment, which sets forth
that the 14th of last November there was
at certain premises in the District of Co
lumbia, commonly known as the Benning
racetrack, a certain event or contest called
running race of horses; that at the Ben
ming track one Max Klein did put up and
keep a certain gaming table, known as a
game, device and contrivance at which
money was bet and wagered upon the re-
suit of the races. The indictment, in sub
stance, charges violation of the gaming
law. In case of conviction, Imprisonment
in the penitentiary for period not eX-
ceeding five years may be the sentence i'm
posed.
Detective Alpha W. Parham of police
testified that, acting under instructions
from headquarters he visited the Benning
race track during the race meeting of the
Washington Jockey Club last November
Detective Parham described the race track
grounds and the manner in which the races
were conducted, and said he placed bets on
number of horses with number of book
makers.
The witness was cross-examned in de-
tail as to the manner of placing the bets
He handed the moneX to the bookmaker
he said, who announced certain amount
on certain horse The sheet boy noted
that fact and added the number of the wit
ress' ticket of admission to the grounds.
CrOss-ExaminatiOn Continues.
After a recess the cross examination of
Detective Parham was continued He was
followed by Louis ]. Schultz, who also tes-
titled that he visited the Benning track last
November and placed d bet with Klein The
witness described the manner of placing
the bet, substantiat;nS the testimony of
Detective Parham in that regard. The next
witness, Albert Hayden, testified similarly.
Il bet Knight of the Carter" stated
the witness.
What was the result of the race?" in
quired Attorney Worthington.
MY horse won
you must have had tip" remarked the
attorney.
Followed the Races.
The witness, Mr.. Hayden, explained that
it had been his business to follow the races
in different capacities.
Have you any system you follow in bet
ting?" Attorney Worthington wanted to
know.
Assistant District Attorney Gould objec
ed to the question. After the conclusion
of the case he said, "Mr. Worthington
can probably get the information he desires
from the witness"
When the examination of Mr.. Hayden
was concluded the assistant district attor-
ney announced the case of the government
closed
o'clock, requested that adjournment be
taken until tomorrow morning. In support
of his request he explained that Attorney
Auerbach of New York, of counsel for the
de1enSe, was unable to reach this city to-
day, but would be here tomorrow 1t was
desirous, the court was informed that Mr..
Auerbach be here prior to the opening Of
the of the defense
Justice Bradley granted the request and
court was adjourned until 10 o'clock tomor-
row morning.