The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-15
ATS ALWAYS PETER DE LACY"
,UOyTS LAWYER STEINHARDT
~ THE GREAT BETTING CASE.
.,,,,s Name Used to Oct AdJOurnments Again
and Agn!n"-~O There Was Another
r,Ik In Court Before Judge Tlghc,
opd Then Another Adjournment.

The horses were all that were needed
D., ,on,pl, De II racrtrack scene in the Adams
-,ro,r pulinr court " sterday when Lawyer
Eopaniu St~inlardt, counsel for the New
y,r, poulroom men, appeared to continue
Nj. fgm, against the raCetrack folks who
,,ojr,an that track betting Is legi innate.
,,IH. fine. law makes it a felony to accept
,,p,u i'm a poolroom. In addition To "A
brilliant array 81 legal talent, the crowd
fl, tine court room included jockeys, horse
,,,,rpr.. hnolNuakerS, trainers, racing ASSOC
o,a,ion officials. p,nkerton cops and race
,.sc. truts Bookmaker Sol Lichtenstein
arrived with Bob Pinkerton the head of
tho r,r,track police. Alfred II, Battersby
,rthr Brighton rack and John ID, Cavanagh,
,,n, Is known as superintendent of the
l.iinr ring. were there under subpoena in
,,noI LAWYER Stcimhardt had announced
would hn John Doe proceedings. George
smith. "pittsburg Phil and George Davis
vrr. there also in Response to slbpunas.
LAWYERS Herbert Barry and Harris Linds-
l,y. representing the firm of Davies, Stone
and AuIrrbach, wore present as counsel
for John Buttele, the racetrack cop who
u
wilfu.lv noglectug his duty in failing to
suppress gambling at the Sheepshead Bay
trark. LAWYER Charles II Hyde was
rr, sent IA look after the interests Of the
Brrhr.n Beach Racing Association. Law
YER John u Lindsay appeared AZ counsel
rrtne Nersous who had been subpenaed.
Tie lawyers who appeared for the race
track iuil, fought for an adjournment Of
the case against Buttcle. They declared
that they were ready To go on in the other
matter which had been referred to as the
Doe proceeding
Judg, lgho remarked that, so far az he
could ,"c there was no such proceeding,
Il. LAWYER Stcnhardt had laid no mfor-
nation before the Court for Il complaint OF
that sort
LAWYER Stcinhardt said the six witnesses
suhpu,uacd could be used To testify in the
ButteIe case.
Al this point Lawyer Lindsey denounced
the whole affair as "A farce He remarked
that Peter De Lacy, the New York book
maker, WAS behind Steinhardt in the fight.
Its always Peter De Lacy" shouted
Lawyer Stcinhardt. angrily. -His name
IL used to bring this proceeding into dis
ropute, to get APPOINTMENTS again and
again Is the State Constitution 10 be viO-
lated because Peter DE Lacy exists? Is
the law to be violated because of Peter
De Lacy? Should they be allowed to keep
his raCetraCk gambling establish ment
running all summer? Is Peter De Lacy
20 be the means 10 allow these gentemen
gamblers IA chance to violate the Constitu-
liun all summer! It's nothing but delay
the opposition wants, SO as To keep up
gambling there all summer"
Mr. Lindsey said that Mr.. Auerbach had
successfully fought the issue before and
wanted time to get back from Chicago 10
fight IT again. He suggested that tho case
60 over until August.
Lawyer Hyde added that millions OF
dollars were involved in the matter and
that the defence should have ample oppor.
unity to present their case. Then MIR
Steinhardt addressed the court on the
oonstitutionayity of the Percy-Gray law
He said that the Court of Appeals had
never passed upon II.
What we want 10 show" he continued
is that Section 10 of the Percy-tiray law
vas violated by this officer, that in failing
80 arrest the man who was taking bets he
violated his duty H. an officer of the State.
and III violating his duty as an officer of the
State he came within the provisions of s 'C-
ton III Of the Penal Code as an officer who
had failed to do his duty, and that he should
be punished for that il he is proven guilty
We ought TO go on with the case now.
After further argument, counsel entered
into an agreement to place Harry Gold
man, the subpoena server, on the stand
su that he might he cross q Xamined. He
told how ,on the 24th of June, he had watched
the crowds AZ the Sheepshead track maxim z
bets with BookEnaker LiCl t"nsIem ard hCw
Officer Butteie had stood IN front Of the
hcuknaker'~ sard. keeping away folks
who We're rot going to bet. ard permitted
the bettCrs to get near LiCitenstein. Again