The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-11
RACETRACK CASE GOES OVER.
WHITNEY AND BELMONT, TT rs
SAID, WILL BE WITNESSES.
Pinkorton, "Pittsburx PhAl." Ldohtenstein
and Other witnesses Fail to Appear and
Are Summoned by Telcphone-'Tagh
Sets Hearing for Tuesday Next.

Are summoned by TelcphOne-I1Rhe
Sets Hearing for Tuesday Next
number of racetrack persons and pool.
room men were in the Butler street, Brook
lyn, police court yesterday morning when
Magistrate Tighe took his seat on the bench
to begin the John Doe proceedings brought
by Lawyer Benjamin Steinhardt on behalf
OF the city poolroom men who believe
that IL betting Ia permitted on the race
track II should also be permitted in the pool
rooms in town. The Coney Island Jockey
Club folks were represented by Lawyer
Harris Lindsey, who appeared in the alb
sence Of Joe Auerbach. who is now In Chi
cago. The Brighton folks were represented
by Lawyer Hyde.
Mr.. Lindsey said that he appeared also
in behalf OF the six men who were sub
prnaed on Thursday by Harry Goldman,
acting for Lawyer Steinhardt, of Howe IL
Hummel's office. The six men, among
whom were Bob Pinkerton! Boohmaker
SOL" Lichtenstein and George Smith, other
wise known as "Pittsburg Phil" did not
appear. Mr.. Lindsley explained that he
had come TO answer for them, as they were
all busy and did not want TO show up until
Y.
He suggested that the entire matter be nd
journed to August.
The absence Of the men subp9naed
angered Lawyer Steinhardt, who ex-
pressed the opinion that they all ought to
be punished for contempt OF court. Justice
Tighe seemed willing to wait an hour or two
for the arrival Of the delnquents and re-
marked that 1t was a very warm day and
one in which things should not be hurried.
Some one then suggested that the matter
be put over until o'clock TO give the race
track men chance to get around, and
this was practically agreed upon when
Lawyer Lindsey made another effort
to have the case adjourned to August,
when. he said, he would guarantee that all
of the men subppnasd would be present
Lawyer Steinhardt said he desired to
make motion to punish the men for con-
tempt Of court, and Justice Tighe replied
that he would wait until IL o'clock before
considering such motion. Mr.. Lindsey
said he would summon the men by tele-
phone II their presence was absolutely
necessary. Finally Mr.. Smith, Sol Lichten
court room
Again Mr.. Lindsey asked that the mat
ter go over for a month. Lawyer Stein
hardt fought against any postponement,
saying that he wanted to get testimony
80 as to learn who Is responsible for betting
on the raCetrack6.
He said that the case of Pinkertons race
track cop, John Buttele, had been set for
Tuesday next when he Steinhardt hoped
to prove that Buttele WAS under the law
public officer and being such should have
enforced tho rules Of the racing association,
one Of which was to see that gamblers
were elected from the track; that failing
in this he was guilty of msdemeanor
in wilfully neglecting his duties as public
officer.
Justice Tighe then said he would act Tues
day next as the day for the John Doe pro-
ceedings to commence.
"The object OF these proceedings, said
Mr.. Steinhardt, SIS apparent to the race
track folks and they would like very much
TO dodge them. But they will go on Just
the same and our fight to see thst the laws
are enforced at the local tracks willcontinue
with more vigor than ever, They may try
to get over the fact thpt gambling goes on
at the track because the Percy Gray law
permits the Pinkertons TO run things. but
hope to get sufficient sworn testimony to
show that the police are guilty Of crime
in permitting 'mbling to go on"
Steinhardt' 3 subpoena server, Goldman,
said he had several more subpenas to
serve to-day. Among the additional names
he mentione were those Of Mr. Whitney,
Mr.. Belmont and other representative
racing men.