The San Francisco call., 1905-04-15
POLICE BOARD
ACTS TARDILY
Orders Saloon Men to Stop
Poolselling by the Time
Racing Season Is Over

AS result of the Grand Jury crusade
against the poolroom evil in this city,
five saloon men were before the Board
of Police Commissioners last night on
citations for the revocation Of their
licenses. Evidence had been gathered
by the Grand Jury detectives showing
that pools on the races were sold In
cigar stores of which the saloon pro-
prietors we're the lessons. The Com
missioners gave the saloon men three
weeks to show their good faith Dy
stopping their tenants from selling
pools. This puts the final decision on
the revocation of the licenses over until
May 5. The last race OF the season
will be run at Emeryville on the fol-
lowing day and pool selling will then
cease.
The saloon Of John w. Kelly at 13i
under investigation Kelly took the
stand and declared that he wanted
pool selling stopped on his premises,
but his tenants had a lease. he ex-
planned and he had been advised that
they could not be dispossessed unless
q conviction Of pool selling was Sc
cured.
At this juncture President Poheim
called Attorney Newburgh to the
Stdi0 Ill oil ClAOil " uAoNi C0At NAAO D~1
trict Attorneys office by making II
appear that poolselling cases had been
dismissed because of faulty drawing
up of complaints. Poheim's silly at
tempt provoked a heated wrangle.
Detective Smith was placed on the
stand to testify as to bets that he had
seen made at the cigar store in front
of Greggains & Sullivan's establish
ment at 112 Ellis street on March Is.
Smith said incidentally that he had
seen a policeman wearing star 1O9
standing near the place for over half
an hour. 1t was proved by the defense
that Officer Hayden was wearing the
star in question. He was not on duty
at the time. 1t was speciously pleaded
The Grand Jury detective next tes-
titled that he had placed a bet on
race in the room back of the cigar
store at 126 O'Farrell street Chris
tiansen & Kenyon are the proprietors
of the saloon Attorney Newburgh
for the defense endeavored to ascer-
tain the compensation received by
Smith from the Grand Jury for his
services. He also endeavored to show
that Smith was an assumed name and
inquired about his former history.
Upon Foreman Andrews instructions
Smith refused to answer the questions
propounded.
In the cases of w. H. Rice. 129
O'Farrell street. and John L. Herget,
Golden Gate avenue and Taylor street.
the testimony of Smith was to the ef-
feet that he had placed a bet in the
poolroom in front of Rice's resort and
had seen bets made at the cigar store
in front of Herget's saloon The tes-
timony adduced by the defense showed
that the tenants of the cigar stores in
both cases held leases and could not
legally be disDossessed-
President Poheim, in rendering the
decision of the commission. stated
that the saloonmen were believed to
be responsible for their tenants. 1t
was decided to continue the matter
for three weeks before final decision,
and If the liqHor men were acting in
good faith. he said. they would in the
meantime assist in suppressing the
poolselling. Commissioner Reagan
dissented from the opinion of the,
other members of the board. He de-
clarad that the evidence in the case
of Greggains and Sullivan did not
show that pools were sold on the
premises. He was in favor Of revok
ing the licenses of Rice and also OF
christensen and Kenyon. In Herget's
case he thought the evidence was In
sufficient.