The Washington herald., 1906-11-15
GUILTY.
William Davis Sentenced to
Two Hours in Jail.
APPEAL OF CASE IS NOTED
VIII Preclude Any Book Making af
Benning Meet, hut Does Not Pro-
hIbit Laying Of WngerS Between
IndIvIduaIs-The Jockey Club and
the District Attorney Satisfied.

Two hours in jail was the sentence I'M |
posed yesterday by Justice Stafford on
William Davis Of New York, who was
charged with violating the District gam
bling laws by making book or laying odds
on the horse races al Benning race track
last April
It took the jury nearly two hours to
arrive at a verdict
When Justice Stafford pronounced the
penalty he said that the public was aware
Of the fact that this was a friendly test
case. in which Davis had consented TO be
prosecuted for the purpose Of having the
legal status Of betting In the District es-
tabHshed The court said that by 50 do
ing the defendant had rendered noticeable /
service 10 the cause Of justice; that he
was not a criminal in the proper meaning
Of the word. and therefore the sentence
would be kept in accordance with these
eXteHgating reasons.
Tie court. however. made it known
that in the future the fun penalty of the
law would be meted out TO transgressors |
OF the gambling law, since they must
know now that the mode of bookmakins
as employed by Davis Is a violation of
the District laws
Attorney for the defendant noted an
appeal. and the court fixed the bail bond
at 500 and the appeal bond for costs at
So Samuel Ross, steward Of the Wash
ngton Jockey Club. qualified on the two
bail pieces The defense viii have forty
days 10 prepare its case for fling with
the Court Of Appeals.
In the future an persons who set up
a gaming table al the race track viii be
severely punished" said District Attorney
y. W. Baker last night, after the verdict
had been announced
While he did not care 10 be- quoted on
the matter. Alr Baker intimated that the
law as ii nov stands does not prevent
people making bets among themselves.
Jockey CIub Issues Statement.
That the meet scheduled viii take place.
beginning tomorrow. is evidenced by the
fact that the Washington Jockey Club last
night issued the following statement:
The meeting Of the Washington Jockey
Club, scheduled 10 commence to-mor-
row. viii be carried through according
20 programme While bOOkmaking has.
by the decision Of the court. been de-
clared Illegal. betting between individuals
Is not punishable olfense. The Washing
the courts decision in the matter pend
ing the hearing Of the appeal in the case
10 the higher court.
The Washington Jockey Club Is an
association composed OF laW-ab.ding per
sons Certain kinds Of betting upon its
grounds since 1883 has been carried on
upon the autOhrity Of a decision OF Judge
Bradley. OF the Supreme Court Of the
District IN the case OF the United states
VS. Klein
Judge Stafford. another Judge OF the
same court. having taken q different view
OF the law from that Of Judge Bradley,
and having declared that betting as con-
Quoted during the last meeting is in viola
ton of the law Of 1852 such method or
betting Will not be allowed pending the
appeal from Judge Staff0rd's decision"
VIII Be Plenty of BETTING.
That there Will be just as much betting
as usual at the track al this meet is the
belief Of those interested.
From what could be learned from those
who follow the game. they expect 70 be
able TO place bets. The stools and benches
that form the stock IN trade Of the book
makers will not be fn evidence. but IL is
said they will circulate through the
crowds and secure as many wagers as in
former years. Under the provision OF the
law permitting bets between individuals.
they win apparently make friendly
wagers, but 10 will be as much Of a bust
ness transaction as ever
The crowd that will attend will be a bet
ting crowd. and they are familiar enough
with the bookmakers to have no diff
Guilty in getting their money down.
Merchants are more than pleased with
the outcome Of the case
They say that IN years gone by the
track has injured their business Their
complaint is that the meet comes just
before the Christmas holidays. with the
result that the long end OF Christmas
money goes out Of town. and Washing
tonians are unable to spend anything.
After overruiiug the motion Of the de-
feuse in the Davis hearing, TO take the
case from the july on the ground that
the points at issue were not points OF
fact but OF the Interpretation Of the ex-
isting decisions OF the question, Justice
Stafford charged the jury.
Judge StaRord's Charge.
He said they must find the defendant
guilty if they conclude from the evl-
dence that he was engaged in a transac-
ton, called bOokmaking by some, and
laying Of odds by others; that he was
willing TO make and accept odds on the
race. that he exhibited a card to the
public showing the odds offered on the
various horses and races; that he kept
a record sheet Of bets which would en-
able him to identify those who had placed
bets with him, and that these bettors
could go back 10 him and receive their
winnings; that he kept a box In which
he placed the money received from the
betting public: that he had stools grouped
together IL such 4 way as to enable him
to carry on his business with the public;
that he was q member Of an organiza-
ton which assigned to him a certain
place and number; that a betting ring
existed where these layer of odds had
their certain places assigned 10 them by
officers Of the organization of which they
were members; that the business Of book /
making was conducted according to the
rules Of a system whereby every bet and
bettor could be Identified that the de-
fendant occupied a place sufficiently def
mite on April il as 10 enable those per-
sons who placed bets with him to find
him after the end Of the race and re-
Ceive their winnings
Justice Stafford further said that IL
the jury found these allegations estab-
lished as facts beyond reasonable doubt
they would be justified to conclude that
William Davis was setting up a gambling
device or gaming table within the pur-
view Of section S65 of the code; that he
was book-making.
But before you find him guilty OF
b0okmaking, as charged In the indict-
ments" continued the Judge. 1t is neees-
sary that you should fnd all these facts
established beyond reasonable doubt
You must find that persons went to Davis
on that day and did business with him.
| The evidence tends TO show that such
was the case. Il is also necessary that