New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-27
WRITS FOR OPERATORS.
Mc1doo Told That Telephones WI
STAY ont of PoolrOomS.

Either to-day or tomorrow Daniel O'Reilly on
behalf Of the poolroom men. expects to ask Tor
warrants from Judge O'Dwyer for the arrest OF
Police Commissioner McAdoo, Inspector Schmitt-
berger and Captain Hodgins. of the Oak-st. sta
ton, in damage suits for alleged illegal raids
Mr.. O'ReiIlys plan. apparently. is to bring mr.
McAdoo and his men into court and force them
to give bail not to leave the county.
Commissioner McAdoo said yesterday that he
had received a verbal communication from the
telephone company. saying 1t was entirely salts
fed with his views.
you can say" added the Commissioner, that
the telephone company will not reinstaH any or
the instruments taken from poolrooms unless
ordered to do so by the courts. look upon
these instruments as the property of the tele-
phone company. and they are in my custody as
such 1 am told by the telephone company tina:
the instruments are its property. If there is any
dispute about the ownership it will have to be
settled in court"
Are you contemplating any action against
betting at the Gravesend racetrack under the
Percv-Ciray Racing law?" he was asked.
The Commissioner hesitated n moment and
then replied: You can say that up to the pres
ent time the applicability of the Percy-Gray law
to betting at the racetrack has not been brought
to my attention, officially or otherwise. by any
body. and that am not contemplating any ac-
tion against the racetracks"
1.-The constitution of the State of New-York
prohibits gambling anywhere, does it not?''
We had better let the Court Of Appeals set
tie that"
Daniel OReilly entered the Tombs police court
yesterday and surrendered to Magistrate Ommen
five OF the twenty captured in the raid
made by the police on the rooms of the New
York and New-Jersey Distributing and Circulate
ing Company last Friday afternoon. The men
were at once taken into custody and placed in
the Tombs. Then O'Reilly hurried away. saying
he was going TO appear before Justice Gaynor
of the Supreme Court. in Brooklyn, and get a
writ Of habeas corpus. Shortly before noon the
writ obtained from Justice Gaynor was served
on Warden Flynn at the Tombs. and the prls-
oners were taken before Justice Gaynor in the
afternoon. The remaining fourteen prisoners
taken in the raid were arraIgnede in the after
noon before Magistrate Breen in the Tombs
court. but their examination was adjourned.
Before Justice Gaynor Ira L. Hamburger ar
gued for 1.-THE discharge Of the five on writs Of
habeas corpus. Mr.. Bamberger read an affl-
daVit by William T. Martin one of the employees
arrested that when the raid took place there
were twenty telephones in operation receiving
and distributing baseball, racing and sporting
news I'm general He said that when he pro-
tested TO Inspector Schmittberger that such an
outrage would not be tolerated I'm England. the
morning. You not now in England"
Assistant District Attorney Sanford declared
the men were brought into court Saturday
on a charge Of felony. and Section No III of
the Criminal Code provided that such arrests
might be made without a warrant.
II was agreed that the men should be parOled
in the custody Of counsel. and that briefs should
be submitted, Justice Gaynor reserving de-
c!sion. Meanwhile the examination before Mag
istrate Breen will be delayed.
There are yet signs that the poolrooms
which have been closed for some days will re-
sumo business in tins near future. Most OF the
pOolroom proprietoTs and their employees were
at the Gravesend track yesterday, and there
they likely to be found each race
day OF the meeting. a reporter visited a large
number OF places yesterday where a few weeks
ago hundreds OF dollars were wagered a
race Only two rooms were open. and the en-
ployes there accepted only conditional bets. All
the conditions were in favor OF the poolseller.
In the few rooms open the number OF patrons
not greater than corporals guard. and
the play light.
An employe Of one Of those rooms which did
q handbook business told the reporter that the
total sum Of the wagers made on the Brooklyn
Handicap was little more than so. The room
won so on the race. only one person bet SO
on Irish Lad for place and 'cashed."
The poolroom business in Brooklyn. accord
ing" 10 the police. has come To standstiM II
was said yesterday that the establishments
which did not close account OF the inability
TO get Information from the track had gone out
Of business on account Of the instructions issued
on Wednesday TO the police captains.
Deputy Police Commissioner Farrell said there
had been no raid and no arrests In the pOolroOm
line. He declared that all the poolrooms In
Brooklyn apparently had quit business