New-York tribune., 1908-06-26
NO ANTI-BETTING TEST
PRISONERS DISMISSED
Elder Refuses to Oppose Habeas
Corpus Proceedings.

The new anti --acetrack betting law is still un-
TESTED from legal point OF view, because Acting
District Attorney Robert II. Elder OF Kings County
consented Yesterday the sustaining OF the Wits
oe habeas corpus sued 10y counsel in the cases
or Melville Collins and Joseph Loewy- These men,
s-resfed on warrants for making alleged verbal
bets at Sheepshead Bay racetrack. had been hela
nv magistrates in Brooklyn In refusing TO oppose
the habeas corpus proceedings Mr. Elder said that
the commitment papers had not been hiiea out
properly
vr Elders action was surprise When the case
came :p before Justice Bischoff. in the Supreme
count yesterday, the prisoners were Represented o9
Delaney NicoIl John 4. Stanchfeld and captain
il Barry member of the firm OF Davies. stone
& Auerbach, counsel for the Coney Island Jockey
t-sb In the large audience was Corporation Coun-
sci PendIeton, who though he took no part in the
habeas corpus proceedings, was interested because
or Monday he is 10 argue against the continuance
cf The injunction obtained by the Coney Island
Jockey Club 10 restrain Police Commissioner BinS-
ham and his men from interfering with patrons of
the racetracl Canon Chase, who was prominent
among The advocates of the fiart-Asnew bill, was
also IN court.
Mr Elder pointed out that in the commitments
of the prisoners the clerk had set down that they
had violated provisions of Chapters 500 and 0O1
OF the laws Of 1905 both laws being in conformity
with Section 351 of the Penal Code. These define
some fifteen different offences. each of which might
he 2 crime. but only under certain circumstances
were charged was not set forth in the commit
nlents Mr.. Elder cited the famous case of the
late The Allen. whose commitment under the
same blanket designation was dismissed as illegal
by the Court OF Appeals with only one dissenting
opinion.
Justice RischofT said that the decision cited
he s1sta ned the writs of haheas corpus, and ac-
cordinSy discharged the defendants. As Collins
and IoeNy walked out of court with their lawyers
one Of the latter said with smile that he sup
pSafT hey hay ia ]
some way to test the law
Mr Elder. when seen said: -'As far my office
is concerned we have nothing to do with
these cases ] don't want to rearrest these men,
and if anybody else does so ii his
sponsibility
Captain Barry said that the writs had been OBJ
iaiIes not merely 10 test the validity of the new
anti betting law. TO find whether by verbal
betting provisions Of the general anti-gamblins
laws had been violated. Another lawyer remarked:
This is attack the law against book
making The assertion make is that under its
provisions verbal betting between individuals is not
a violation Of the anti-bsttng Law. and we believe
the courts VIII decide 10 that effect
1t was the impression yesterday that If Collins
and Loevy We're again arrested other men
would offer themselves for test cases. and that
next time the commitments would be so worded
that there would he no hitch in proceedings on ac-
Of technicaties
While this going on Yesterday an al
legged handbook discharged by Magistrate
Wahe. in Harlem police court. He was Abraham
Abrams, OF No. 2SS East 124th street, and had
arrested on the complaint of John Rowe, station
agent at the 125th street station Of the New York
Central. Rowe saw no money passed. so the
charge was dismissed.
squad of policemen under Inspectors Flood
and O'BTien raided house Just outside the
Sheepshead Bay racetrack yesterday. and arrested
men. who said they were E Darcan and Wal
ter rpperman. The house in 2sth street, just
beyond the backstretch, and it was said that the
men were there to furnish information the pool
rooms in this city. They equipped with
powerful heldgasses and had established tee-
phone connection.
Suspicious lights at night in the attic of the
house occupied by Stanley Edwards. at East 9th
street and Eoorhies Lane, about half milo from
the Sheepshead track. led 30 fhe just after
the third race-of men. who will arraigned
this morning before Magistrate VOORHEES, Concy
Island, charged with violating the new anti-racing
Law.
The men, who said they Walter A. Davis,
Of No. aga West 122d street. end Robert Hopkins.
Of No Il McDouga1 street. Brooklyn. hired :hc
attic for the summer about a week ago. Pinkerton
detectives got suspicious Of the lights in the attic
and went TO Captain Formosa. Of the Sheepshead
station. who raided place just after the third
In the attic found three-foot tele-
scope. field glass. telephone and a racing pro-
gramme. with The prices for the fourth
scribhled il.
Albany. June Ex-Governor Hughes declined to-
night 10 comment the discharge by Justice
Bischof Of the two recently arrested
Sheepshead Bay track for alleged violations Of
the antf-racetrack gambling laws. The Governors
understanding Of the action is that has no bear
ing on any test of the merits Of the laws.
I'M. that the men were released because of certain
technieaties