The Washington times., 1906-11-13
Davis Enters Plea of
Not Guilty Before JUS
tice Stafford.
BAKER FOR PROSECUTION
Assistant Attorney Given
Gives Illustration of Bet
ting Table at Racetrack.

" hitaiil DaNis1 the New York book
maker. who was arrested at Benninz
raeetraok last spring and indicted on a
charge OF violating the gaming laws OF
the District by making ,. betting book.
entered plea Of not guilty this morn
ing IN Criminal Court No. I. Justice
stafford Dresid.n. The defendant
waived the reading of the Indictment.
Delaney Niceil and Herbert Barry,
or New York. and a. s. Worthingson,
OF this city, are counsel for the defense
The Government was represented By
United States District Attorney u, w.
Baker and Assistant District Attorney
Stuart Mcnamara.
Among the interested spectators were
> ). Rowland. president OF the Jockey
Cluo' Samuel Ross, steward Of the
Jockey Club; Orlando Jores, and ''SoI"
Lichenstein.
Immediately after Davis had waived
the reading Of the indictment the jury
was sworn.
IN his preliminary statement the Dis
tfict Attorney read 10 the jury section
No OF The District code, with the viola
Hon OF which Davis il charged and
section 800 OF the District code, the lat
ter being an Interpretation Of the form
er which sets forth what constitutes
setting up a gaming table lie then
read from the indictment stating that
the defendant Davis was arrested IN
the nth OF last April at the Benning
race track for setting up a gaming
table.
ar. Worthington said the present case
9hlie normally against the defendant
I'afls' was really a test case Mr
Worthington briefly told OF the earlier
avs against gaming in the District OF
columbia. The defendant, he said paid
auililSslon 70 the raoetrack and that
theIe was nothing Ia the law to prahi bit
anyone from making a bet wfth anv
one Al tne track, a case involving al
most the Identical question. Mr. Worth
!ngton said. had been decided by Jus
Nee Bradley IN favor OF "A defendant
Harvey Given, OF the District Atfor-
ney Othce, who assisted in securing
tIle evidence against Davis, WAS the first
WItness Tor the Government. He gave
al Illustrated account OF making a bet
using every article exhibited By the Gov
eminent. and told Of the bets he had
made with the defendants
MI Given said he made two bets lie
packed Julia > for IA place and Mr.
Proctor, who was with him at the time
backed Hocus POcus for 81 That was
the third race. In all the bets made bv
the witness he stated that he lost.
Evidently the witness is not an ex-
pert dryly remarked Mr. Worthington.
Mr Given said he went 70 the meet last
spring about six on eight times.
Explained Betting Plan.
In answer 10 the District Attorney the
witness took up the sheets" on which
the bets were recorded and explained
the recording OF bets. District Attorney
Baker said his purpose was To show,
that the present method of taking bets
on the races differed little from the
former method. He described the method
used by Davis as bOokmaklnR
On cross-examinatiOn bv Afr Worth
ington the witness said he attended the
races and generally bet on the results,
ne was not an habitual basker Of the
ponies. he said. Witness safe m, r1onez-
ne used was his own and not the Gov
ernments
Samuel Ross testified that the meeting
last spring lasted from March 3 To
J. NJ Williams said he was q hook
Keeper. and had visited many OF the
iacetrachs OF the country, and thar
there was a uniform system OF making
pook. me taking Of bets at Benning. he
SAID was commonly called bookmakfng
On crOsS-tNaminatiOn by &F Worthfpg-
ton witness said he had made several
hets al Benning last spring. He was
surprised mat ne should be called as q
witness In this case
District Attorney Baker announced al
lI:i5 T. m that the Government rested
and recess was taken to cive the cllln
sci Yer defense time TO confer