New-York tribune., 1907-01-14
BLOW At RACETRACK.
JEROHE'S BILLS READY.
amendment of Percy-Gray Las to-
Make Al Betting MisdemeGn0r.


An effort to end all horserace gambling Wiz
be begun to-day by District Attorney Jerome
He viii go 10 Albany from his home IN Lake
vile with some new bills 70 amend the Percy
Gray law and change the Furnishing effect os
certain sections OF the Penal code which
late TO bookmaking and betting With AZ
dozen other proposed amendments and these
laws passed. IN the opinion Of the District At
torney. it would not be difficult hereafter 10
prosecute vioators
Mr.. Jerome expects opposition by the garn-
bling fraternity. 1t is said he will il necessary.
call 10 public attention Doodle fund being
sent 70 Albany 10 defeat his object
Air Jerone's plan Is 10 make it misderneanor
To accept bets on a horserace at the racetrack.
I'm a poolroon. or any other place The general
effect. it is believed would be TO stop horss
racing in this state
Nobody knows positively where Governor
Hughes stands on this subject
PRESENT LAW DEFINED.
The structure Of Mr.. Jerome's bin makes 10
evident that his intent is 10 make gambling on
racetrack just as Illegal as in a poolrcou with
the same punishment Section Sol Of the Penal
Code makes a person engaged in poolselling o.
oooknakins in any place guilty of a felony. tho
punishment being not more than two years in
Sing Sing or a $1,000 fine. Mr.. Jerome found a.
section in this law which said that it was not
operative where another penalty was provided
1t was here that the Percy-Gray law stepped in.
This law provided that where there was bet
ting on a racetrack the only penalty was tho
forfeiture Of the bet and that there could be no
prosecution OF the bookmaker except IN a civil
suit to recover the amount of the bet
Mr.. Jerome viii try TO wipe out this section OF
the law In bill he aims a death blow
TO that section which says that the only penalty
for bookmaking at the track shall be the recov-
cry of the bet by civil suit. In another hs
purposes 10 amend the Penal Code so as to make
bookmaking at the track any other place a
misdemeanor instead OF q felony the punish-
ment to be not more than year IN the peni-
tentiary. OF fine Of $500 or both.
Relating TO these two bills Mr.. Jerome has a
bill TO provide for the income which agricult-
ural societies throughout the state receive
through the provisions OF the Percy-Gray law.
Instead of getting certain percentage OF tho
receipts OF the racing association Mr.. Jerome
provides that certain fixed sum mot designated
in Mr. Jerome's bill drawn now. shall be ap-
propriated out OF the state treasury for asrt-
cultural purposes
The Court OF Appeals held the Percy-Cirsy
law constitutional. deciding I'm both the Sted-
eker and Sturgis suits that the recovery OF tho
bet through a civil suit was a separate PEN
atty and did not conflict with the section of ths
Penal Code making gambling a felony.
OTHER JEROME BILLS
While Mr.. Jerome will make a special EFFORT
IN behalf of his amendments 10 the gambling
law. he will also press for passage his other
bills. Under the law at present there appears
to be provision of the code which definitely
gives to a jury the power to decide whether
not defendant is insane. Under the present
f-fs f{=Sf,s,
which is sometimes very expensive to ths.
county.
Mr. Jerome's bill does not do away with conn
missions in Iunacy but 1t says that a court may.
II 1T deem IT necessary. call jury TO determine
the question of insanity OF the defendant at the
time OF such trial. and for that purpose 1T is
fully empowered TO compel the attendance OF
witnesses and Jurors II the jury eomrnis-
sion find the defendant insane. he may be COM
mitted 10 an asylum by the court.
Another bill has to do with the Introduction ar
any trial subsequent to the first trial OF a case
OF testimony Of a witness who testified at first
trial. but who is out OF the Jurisdiction of the
court When IL has been proved to the satis-
faction OF the court that a witness who testified
at the previous trial is dead. II has been GUS
tomary 10 allow a reading OF that testimony.
but not otherwise. Now Mr.. Jerome proposes
that the testimony Of witness before a mag
fstrate. any deposition made where counsel
for the defendant is present. may be used
against the defendant at a trial
Mr.. Jerome has bill concerning cases where
it is sought to establish insanity as a defence.
The bill reads "AII matters OF fact tending to
establish a defence may be given In evidence
under the plea OF not guilty. except that evf-
dence tending TO establish the defence OF In
sanity may not be given unless specification
OF insanity has been offered under the plea OF
not guilty
demeanor for person 10 sisobey a subpoena to
appear before the grand jury a court or a mag
istrate without a legal excuse.