The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-13
WITH POOLROOM MEN
.MIGISTRiTES VINO HAVEN'T THE
Il RElRT TO PUNISH THEN.
Sometimes a G;raDd Jury lnterferes ana
Prisoners Once Discharged Are con-
NIcten - Battery Dan Films FANNY
TrOub,eu -WahIe's v asted Coed Nature.

,Ic,eo - 8attrry Dan films Family
TROUBLES -WahIe's v asted Coed Mature
The l~eniency displayed by certain police
Magistrates Of this town when men arrested
for running pOolrooms are brought before
them ha. led to frequent comment ina
nothing eventually will come OF these cases
nroyided that they are brought into the
right court at the right time. IHE sun on
October Z told of a case where Magistrate
Walsh discharged all arrested in a raid on
August IA last at 1915 Third avenue.
IL doesn't always follow, however, that
when a Magistrate discharges all or some
OF the prisoners they will escape pun
ishmept Within a year a Grand jury mas
found occasion to indict all the men arrested
In n poolroom raid instigated by the PARK
hurst society when Magistrate Wahle let
ak of the eight accused men go. Zach
finally pleaded guilty and each paid a fine
OF S25.
The raid took place on October IS last at
81 Marion street. The poolroom was on
the third Hoor Of a large Office and factory
building. II had the usual steel door, and
its managers had taken the extra precaution
OF getting out an injunction f~orbidding the
police authorities from stationlng a man
In uniform in front Of the place and from
entering the premises without a warrant
Ostensibly il was a rat trap factory.
The P~arkhurst men had been playing the
races for several days in the room before
II was raided. and when they got the war
rants thpy had the Tolice serve them. IL
was necessary 10 seize the elevator man,
10 break oren the steel doc and to station
men on the fire escapes to prevent the
owners and employees from getting away.
When the fuss was over the police arrested
these men Michael Martin. street picket,
John Buck. elevator man; o Henry, in
side doorman; Louis Meyer, card ma
Harry Miller. receiver No. /; John +. Burke,
receiver No. .; Edward Wall, paying teller:
james Cummings, telephone man. All the
rest of the men in the PLACE were dismissed.
Those arrested were arraigned before
Magistrate Wahle on October - in the
Tombs police court and held for examina-
ton on December I in Jefferson Market
court, where Magistrate Wahle was to sit
lie made the excuse for setting the case 80
far ahead that he would be on the bench
for his usual rest and also would he very
busy with other examinations.
On December l the Magistrate postponed
the case until December 10 and then to
December q. On that day it dra gged
along because an assistant district attor-
pey was supposed to come up to Jefferson
Market to look after the case. The District
Attorney's lice had made no such arrang
ment. There was no further reason for
dra Rging out'adjournments and Ma gistrate
wahle discharged all the men but Meyer
and Miller. He said he would hold only
those who had handled cards or money.
Section Gt of the Penal Code says that
any one who engages in poolseiling or
bookmaking, or ANY person who aids,
assists or abets in any manner IN any OF
the said acts, which are hereby forbidden,
is guilty of a felony" In the opinion Of
the Grand Jury, Magistrate Wahle over
looked that part Of the law, for when the
case was called to its attention it not only
indicted Meyer and Miller, but all the six
others. This was on January II last, and
bench warrants from General Sessions were
sent out on January l3.
The officers went to 50 Marion street and
found the same mep engaged in the same
rat trap" business, with fully 200 pruspec-
tive purchasers. Magistrate WahlclS action
had had no effect whatever. No one seemed
10 Worry over Magistrate Mahle any more.
but no one had taken the possible action
ofthe Grand Jury into consideration.
The men we're rearrested on a Saturday
afternoon and they had to stay in the Tomns
prison over Sunday, because they were
returnahle to the Court Of General S~essions
and court had adjourned when the n eT
werc brought down. On January Is the
case cane mp and it was put Off until March
"a. before Judge Cowing The eight men
the six discharged by Wahle and the two
he held. pleaded guilty and each paid a
fine, OF Sr5.
The exceeding care Of the Magistrate.
in handling pooIroom cases does not extend
to all the occupants Of the police bench
Some OF the Magistrates have no coIsidera'
ton whatever for TOOlroom men and are no
even acquainted with the ins and outs o
that profitable kind of hlsine-s. II any on
should ask Magistrate Battery Dan Finn
for instance. what a poOlroom is like, HI
would probably i've unable TO give any salts
factory description certainly not as a polio
magistrate. A. a district leader, in who's
bailiwick poolrooms have iourished opent
in the past and are now supposed TO b
dodRing about and keeping somewhat undo
cover. he might and he might not have
more light on the subject. Active poll
ticians usually know something about sue
things. hut that has nothing to do wit
Battery Dan a. a Judge.
II as a Judge, however, he wished en-
lightenment in such matters, all he woul
have to do would I've to consult the record
of the General Sessions court and learn the
or MAY - last one Matthew Strip, JT.. son
in-law OF Daniel h. Finn. pleaded guilt
10 being a common gambler and to keepin
a poolroom. He and three others wer
Fned $50 each.
II Magistrate Finn chose to interrOgate
member Of his own family he might lear
from his s~on-in-law all about the business
a And II he would question Mr., Strip closel
he would learn that his son-in-iaw is on IN
city payroll. being a clerk in the COUNTY
Clerks office. a place from " llch he va : nc
-ousted by the authorities, although III
stigma Of being fined in court rests upon him
The poolroOm for the running OF whlc
Strip was arrested was at 1873 Mashingto
street. and Strip had the audacity to d
business in the POLITICAL district OF Batter
Dan, his own fathC r-in-l3w. He was Al
rested on July %. 1904. He had bee
arrested before on July ., 1919, for a similI
offence, the poolroom being at IS Merct
street. At this arrest ID was declared thu
a. IAu-Naw IlAEk uNNglA D