The Washington herald., 1906-11-14
DEFENDS
Counsel Says There's No Law
Against 0dd-laying.
CASE WILL GO TO JURY TODAY
Assistant District Attorney Explains
Methods of BOOkmakers at Ben
ming Race Track, but Defense
Tries to Show There Was No Viola
tion Of Statute I'm Taking Money.

William Davis, OF New York, pleaded
not guilty when arraigned before Justice
Stafford in the Criminal Court yesterday
on the charge Of violating the gambling
laws of the District by making book al
the Benning race track on April II.
The case will 90 to jury comprising
two grocerymen. a grocery clerk, two
dairymen. a carpenter, a cigar agent,
clothing merchant, a street railway stock
clerk. a confectioner. post-office clerk,
and another clerk. Just how much they
know about the making of books does not
appear in the court records.
District Attorney Baker will present the
arguments Of the prosecution this morn
ing. The defendants counsel had their IN
nings yesterday Attorney A. S. Worth
ington asked the court to Instruct that the
jury dismiss the case, alleging that the
district attorney practically had demanded
the creation of new law 10 cover this
specific charge.
mo Violation of Law"
He insisted that there had been no VIC
lation of the existing statute last spring.
and referred to the opinion OF Justice
Bradley. of the District Supreme Court.
given at that time. He had said that
gambling within the District was
an evil for which Congress was respon-
sible, that body having seen 1T not 10
take any action on the various bills in
troduced last February for the purpose
Of regulating bOOkmaking. He thought
that opinion should be taken as a prece-
dent in this case. and argued that there
was nothing in the action of Davis con-
trary to the spirit OF the law.
Ralph Given, assistant United States
district attorney, who was sent to gather
evidence at the Benning track. was the
governments star witness. He told how
on April II he and two assistants mad
placed five or six bets. consistently los
ing most Of them. He explained that Mr..
Davis had courteously turned over 10 him
FIVE plain, high-legged stools. sheets.
memorandum tablet. a tin cashbox. and
other paraphernalia used by the sport
ing fraternity on such occasions.
Admits He's Not an Expert.
Mr.. Given explained the manner in
which bookmakers conduct their business.
how they mark sheets. receive and keep
the money placed with them. His testi-
mony was lucid and succinct and Mr.
WOrthingtOn asked whether he was an
expert on horseracing. Mr.. Given blushed
and stammered he wasn't
District Attorney Baker endeavored to
establish through Mr. Given the fact that
every bookmaker doing business at the.
track was a permanent fixture, while the
season lasted: that layers of odds oc-
cupied a certain place and that they con-
Quoted their business there where patrons
could always find them. In support Of
this contention, Mr. Given testified that
every bOokmaker had his number and
occupied practically the same position
every day.
On cross-examinaUon by Mr.. Worthing-
ton, Mr. Given admitted that stools of the
same make We're used in the lunch room,
on the grandstand and everywhere.
Solomon Lchtenstein. of New York.
testified that he was a member of the
Metropolitan Turf Association OF New
York: that this society had a clubhouse
and a full set Of officers. lie denied be
ing a bookmaker, but STYLED himself
layer of odds.
The Old Game Slightly Changed.
Being closely pressed by Mr. Baker.
Mr.. Lichtenstein admitted that the terms
were practically Synonymous, and that
the difference between the old system Of
and placing bets and the custom
at Benning to-day was Of little Conse-
quence.
But he asserted with great emphasis
that no boOkmaker was obliged 70 take
a certain position at the track; that they
could DO business all over the place. that
the business did not involve the stools.
the sheets, the tin cash box, or the memo
randa slate. but only himself, Solomon
Lichtenstein.
Attorney WOTthingtOn told the jury that
though Davis Was on trial. this was, in
fact, test case; that it was brought by
the government with the acquiesceDce Of
the Washington Jockey Club. for the Dur
pose Of obtaining a decision as TO wheth-
er or not betting, as carried on at the
track, was 4 violation OF the law.
He said that If the question Of law be
decided adversely TO the contention Of the
defense. he expected to show from the
facts that Mr.. Davis had merely eXer-
cised the privilege of an individual. that
)f making bets with other individuals be
yOnd the mile limit
s s HowIand, president of the Wash
ngton Jockey Club, was an interested
,;-dffar ond in tho audience rhare yvara