Evening star., 1907-10-29
POOR PERIPATETIC BO0k,E
ROUND AND ROUND AND
ROUND AGAIN He GOES.
Meanwhile, the District Attorneys
Office Is Forty Miles Up
in the Air.

The perambulatIng bookmaker will be
in evidence at Benning next month and
betting on the races will go on in the
same manner as at the last two meetings
of the Washington Jockey Club. The Dis
trict Court of Appeals today continued
until December the hearing Of the appeal
Of William Davis. the New York book
maker who was convicted last fall Of
violating the gaming law by taking bets
on the races.
Of the District Court OF Appeals, which
assembled this morning after recess of
four weeks. Chief Justice Shepard and
Associate Justice McComas were present,
but Justice Robb was kept home by III
ness. his place on the bench being taken
by Chief Justice Clahaugh of the District
Supreme Court.
Attorney A. s. Worthington of counsel
for the race track advised the court that
the New York firm Of Davies. Stone &,
Auerbach, who are associated with him,
are now busily engaged as counsel for the
knickerbocker Trust Company in New
York and could not be present at the hear
ing. if the case should nc be called.
He also stated that Attorney J. ]
Hemphll of the local bar had also re-
Gently been retained as associate counsel.
Mr. Worthington urged on the court the
improbability of a decision b. the court
prior TO the coming meet at Benning,
even if the case be heard now. He was
of opinion, he said, that no harm would
be done by continuing the hearing until
December.
Postponement Opposed.
Assistant District Attorney Mcnamara
opposed the continuance and suggested
Wat t,tn Coll
charged that counsel for the appellant
had delayed the hearing on appeal in
various ways IN an effort to tide the case
over the last spring meeting to avoid a
decision before that time. With regard to
the unpreparedness Of counsel, Mr.. Nc
Namara said that at the trial Mr. Worth
ington was present and had with him Mr.
Delaney Nicol and Mr.. Barry of the New
York bar. Under the rule of court, he
urged. when two counsel are engaged IN
q case the absence of one will not be
taken bar to the trial.
In response to d query Of the court as
to the anxiety OF the government for an
immediate hearing. Mr.. Mcnamara stated
that the governmen mt desires the statute in
terpreted by the court as thoroughly as
possible In order that it would become
definitely known whether the statute can
be evaded by a slight change in the opera
ton Of the bookmakers. The district at
torney wanted the court to decide whether
or not the practice of the bookmaker
walking around d short circuit made a
substantial difference, which would pre-
vent him from being held liable under the
statute
The court then asked Mr.. Mcnamara
what would prevent the making of an
arrest at the track pending the decision.
Arrests could be made, responded the as
sistant United States attorney. but such
q course would necessitate another trial
to determine whether these accidental
variations In the bookmaker's methods.
which have been in vogue at the last two
meetings, take his operations out OF the
purview of the statute. If a conviction
was secured appeal would be noted,
ne said and the same position would OBJ
tain as today. This case is being locked
on, concluded Mr. Mcnamara. as a test
case for the purpose of having the court
definitely expound the law OF gambling
on the races.
Continuance Granted.
After consultation the court announced
that the motion for the continuance would
be granted IS the case could not be de-
cided by the court prier to the fall meet.
Mr. Mcnamara had with him in the
courtroom all the paraphe rnalia taken at