Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-11-13
LAYING ODDS ON RACES
Test Case Before Criminal
, Court No. I Today
TRIAL OF WILLIAM DAVIS
Whether or Not Bookmaking at Ben
ming is Unlawful.
STATEMENTS BY COUNSEL
Jury Sworn and the Taking of Testi-
mony Begun-Large Crowd
of Spectators.
TRIAL OF WILLIAM DAVIS
STATEMENTS BY COUNSEL

William Davis the New York bookmaker,
charged with violating the gaming law
by laying odds on the result of the races at
Bennng, was today placed on trial before
Justice Stafford and jury in Criminal
Court No. 1. When called on to plead to
the Indictment Mr.. Davis waived the read
ing of the charge and entered plea of not
guilty Attorney A s. Worthinguon of
counsel for defense announced the defend
ant ready for trial. After forty minutes
consumed In examining the talesmen
jury was accepted and sworn, as follows:
Samuel f. O'Brien, Frederick w. Well.
Ashby Tanner, William N. Thrift, Clarence
b. fully, James B. Shugrue. William Il.
Harley. Bernard NJ Bridget. Samuel c.
Mulligan, William w. Burnett. John r.
Ihrie and Charles Volland.
The government was represented by
United States Attorney D.. w. Baker and
Assistant United States Attorney Stuart
Mcnamara. and the defense by Attorney
A s. Worthington of the local bar and At
torneys Delaney Nicoll and Herbert Barry
of the New York bar.
The court room was well filed. among
the auditors being s. s. Rowland. president
of the Washington Jockey Club; Samuel
Ross a steward of the Jockey Club; SOL
I4ichtenstein and Orlando Jones. two mem
bers of the NETS" or layers of odds, and
a number of spectators. who had tried,
with more or less success. to beat the
races The presence of the racing people
and the exhibit of the result of the raid
made at Benning at the time of the arrest
of Davis last spring-the fine sto usually
occupied by the bookmaker. his clerk.
cashier and assistants; the cash drawer.
the sheet on which bets are recorded and
the ever-changing odd 'slate-was regarded
as quite sufficient to make the casual Wis
itor to the court room believe that the
opening of the fall meeting had been ad-
vanced. One almost expected to hear the
familiar call of the bookmaker: Make
your bets, gentlemen; get your money
down and make room for the others"
The Opening Statements.
After the jury had been sworn District
Attorney Baker made an opening state
ment to the jury, in which he said he ex-
pected to show that Mr.. Davis occupied an
appointed place in the betting ring. where
he took money wagered by persons and re-
corded the wagers on a sheet, and using
a slate on which he exhibited the odds
offered on the various horses to run in the
succeeding race. The district attorney de-
clared he expected to show that this con-
stituted a violation of section S65 of the
District code, which prohibits the setting
UP of gaming table. >.
Attorney Worthington, for the defense,
stated to the jury that though the case is
normally against William Davis 1t is in
fact. test case. brought by the govern
ment with the acquiescence of the Wash
ington Jockey Club. owner of the Benning
track to have decision as to whether or
not betting. carried on at the race track.
is a violation of the law. Should the ques-
tion of law be decided adversely to the
contention of the defense. then he expected
to show from the facts that Mr.. Davis had
merely exercised the privilege of an indi-
yfdual to make bets with other individuals
beyond the mile limit.
This proceeding. Mr.. Worthington told the
jury would not be held, even by the prose-
cution. to be a violation of law. Mr.
Worthngton then gave the jury a resume
of the history of pool rooms in Washington
and of the various laws passed to prohibit
gambling in the District. He told the jury
he confidently expected a verdict of mot
guilty for his client.
First Witness on the Stand.
Assistant United States Attorney Harvey
Given who made the raid at Benning April
II last. was the first witness offered by the
prosecution. He told of his visit to the
track and of making a number of losing
bets on the races. Also of the arrest of
Davis and the taking of the paraphernalia
offered as evidence at the trial.
On cross-examination Mr.. Given said he
had made several visits to Benning and did
not always find Davis at the same place.
Witness declared that his visits were for
pleasure. and at Mr.. Worthington's sug-
Eestion admitted for possible profit" In
response to an inquiry of Mr.. Worthington,
Mr. Given said the stools, IKE those in evil
dence. were also used at the lunch counter
Rad as place of advantage along the
course from which a good view of the
running of the races might be gained
Steward Ross a Witness.
Samuel Ross. steward of the jockey
club, was called by the government to
prove that the race track is in the District
and that the last spring meeting COM
menced March q and ended April IA.
John NJ Williams. formerly employed as
bookkeeper for a bookkmaker. was the
last witness called by the prosecution. He
testified that he is familiar with the sys-
ten employed by bookmakers He identi-
fled the sheets offered in evidence as SINH
lar to those in common use. The descrip-
Voc given by MI Given of the system
pursued by Davis and his associates at
Benning in taking bets i5 commonly called
beokmaking. the witness declared.
On cross-examination Mr.. Williams testi-
hed that during the past ten years he has
been in the hotel business and also I'm the
livery business. He never was a book
maker, he said. He said ne was surprised
al being called to testify. He declared he
hsd no interest In the case
The government then rested its case and
the noon recess was taken at the request
OF Mr.. Worthington, who said he desired to
cenfer with his associates as to the ad-
Visibility OF presenting any testimony.
The Defense Opens.
When court reconvened at 1 o'clock the
defense called to the witness stand Solomon
LiehteEstein, member of the Metropolitan
Turf Association, who described in detail
The difference betweeA method pursued
usder the betting systA -Nch was In
vogue prior to 1895 and that followed at
Beaning last spring Under the old sys-
ten booth was hired or leased from the
Jockey club and that now no payment Is
made for the privilege of taking bets. A
ticket was given the bettor under the old
System. but now, Mr.. Lichtenstein ex-
Dssined. no token was given the bettor Mr.
ilshtenstein said he had no appointed place
at Benning. but took bets on the stool, In
the grand stand or in the club house
He frequently. he said, bet on the horses.
prsbabiy wagering as much on as against
thf ponies. The changing odds sometimes.
ne testified. made the layer become the
b<ttor. On cross-examination Mr. Lichten-
stein admitted that the two methods of
boekmaking were substantially the same.
The defense having announced the close
OF It's testimony Attorney Worthington
mnde motion to instruct the jury to find