Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-11-15
BETTING At THE
DENN|NG TRACK
Statement by United States At
torney Baker.
AS TO INDIVIDUAL WAGERs
Circumstances Of Each Case to Govern
Arrests.
POLICE OFFICIALS CONFER
Members Of Force Assigned to Observe
What Transpires-Text
Of the Law.
Circumstances Of Each Case to Govern
Arrests.
ICE OFFICIALS CONFER

To what extent betting may be
conducted tomorrow and through
out the coming race meet at Ben
ming is problematical. United
States Attorney Baker intimates
that the government will prosecute
any person who carries on business
as bookmaker in such manner as
to constitute the setting up of a
gaming table. The peculiar cir
cumstances of each case will deter
mine, he says, whether the law has
been violated.
During the trial of William Davis. con-
victed yesterday, 1t was claimed by the de-
Tense, without challenge by the govern
ment, that individuals make bets outside
1.-The mile limit without making them
selves liable to prosecution. This straw
It Is stated, will probably be grasped by
by which individual bets may be made
Several of the bookmakers are so we'll
known to the local sports that no difficulty
would be experienced in placing bets, il
While Mr.. Baker would not say how
many bets might be taken at given spot
by bookmaker it is asserted that, should
well-known layer be surrounded by
allowed to take all the bets at a given
place, but would probably have to keep
moving" It is not considered likely that
the government would allow the bookmak-
ers to adopt uniform by which they could
be singled out by the public. Such uni
forming, some attorneys suggest, under
the ruling of Justice Stafford, would
amount to setting up gaming table.
THE betting ring will be eliminated" a
member of the Washington Jockey Club
said to Star reporter. THE space for
merly occupied will be used for refresh
ment counters or for storage purposes
always kept faith. and pending the decis-
lion of the appellate court no gaming table
will be allowed at Benning.
United States Attorneys Statement.
"The indictment against Davis was
brought for the purpose OF deciding
whether or not. at Benning race track, the
method of betting carried on there amount
ed to the setting up of a gaming table,"
United States Attorney Baker stated today.
1.-THE government commended that the man.
ner of betting there was not different from
what was known as bookmakng, and that
the mere fact that the bettofs called them
tally changed the form or the manner in
which bets were made when they were
called bookmakers.
.'.After the decision in the Miller case,
the late Justice Bradley held In the Klein
case that the manner of betting at Benning
race track was not the setting up Of
gaming table within the act of 1888 Jus
tice Stafford holds that the testimony Of
fered in the Davis case tended to show
that Davis violated section s65 of the code
in setting up q gaming table.
I'm submitting the case to the jury he did
so on the evidence offered by the govern
ment, and stated that evidence, taken as
whole, would justify the jurors in finding,
II they believed the evidence, that the de-
PENDANT Davis set up a gaming table, and
was. therefore, guilty under that act.
eminent proved in the case was necessary
to the setting UP of a gaming table was not
decided by Justice Stafford. For the pur-
poses OF the Davis case he. however, treated
the facts offered by the government as nee
essary as a whole to the setting up Of
gaming table. The decision Of Justice Stat
ford makes the status of layers of odds as
they carried on business at Benning in
April last that of bookmakers, and IL they
set up their business there makes them
liable for setting up gaming table within
the meaning of section S65.
THE government can only try cases on
indictments returned by the grand jury.
The government never decides whether a
law has been violated until the facts are
presented to it which are claimed to be
violation of the law. The government will
prosecute any person who carries on busi-
ness as a bookmaker at Benning race track
where that carrying on of business, In the
opinion of the government. amounts to set
ting up a gaming table. What facts amount
to that can only be determined by the pecu-
liar circumstances of each particular case
Conference With Inspector Boardman.
After making the foregoing statement Mr.
a xvff
Boardman of the police department. Mr.
Baker declined to state the result Of the
conference.
The sentence of two hours In Jail i'm
posed by Justice Stafford was not served by
Davis yesterday, as his counsel noted an
appeal and gave bail. Samuel Ross quail
ihed as surety on the ball bond.
Justice Stafford, In imposing the light
sentence made 1t clear that such a sentence
was given only because Davis had volun-
teered to be arrested, 10 furnish a test case.
that the law might be established. Future
violators OF the law need not expect such
clemency, the court announced.
Policemen at the Track.
Inspector Boardman reported to Maj.
with United States Attorney Baker, and
the police officials engaged in thorough
discussion Of the matter. They concluded
to have members of the police force on
hand at the race track tomorrow for the
purpose of observing how the betting
may be conducted
Maj. Sylvester told Star reporter that
1t Is probably not violation OF law for
two men to make bets outside the mile
limit, and that In such case no arrests
will be made until the manner of making
the bets Is declared to be Illegal. He said
that any effort to violate the provisions
OF the law as construed by Justice STAFF
ford yesterday. however. will be cause
for the making Of arrests.
Reference was made to section 500 of
the code. under which the prosecution of
Davis was conducted.
ut shah be unlawful for any person or
association of persons In the cities Of
Washington and Georgetown, In the Dis
trtct OF Columbia. or within said District
within one mile of the boundaries OF said
cities, to bet. gamble. or make books or
pools on the result OF any trotting race or
running race OF horses, or boat race. or race
of any kind. or on any election. or any con-
test OF any kind. or game OF base ball. Any
person or association of persons violating
tha provisions OF thfz section shal. ho Anal