New-York tribune., 1908-07-23
RACING MEN RELEASED
IN CUSTODY OF COUNSEL.
indicted 1fen Surrendered dfter
Puzzling Delag on Lascyer,s Part.

Despite the fact that Assistant District Attor-
ney Elder of Kings County. offered strenuous oI'
position Christopher J. Fitzgerald president OF
the Brighton Beach Racing Association: William A
Ereerrssn owner of that track. and John G. CaNa-
naagh. the betting ring superintendent the thfee
men =lsigller up" indicted by the Kings County
Grand Jury as a result Of investigation of gam
oling at the racetack. were paroled in the CUSTODY
of their counsel. Charles II. Hyde, after they had
been arraigned before Judge Dixie and had pleaded
Net guilty.
The raroling of the prisoners seemed TO the
general public the more unusual since their eeun-
SCI had promised produce them in court lle
night that or early morning after, indictments han
been returned against them, and had falieo I" w
50 on the pretext that ne had heard the judge
was out Of town
Nr Elder who has been vigorous in his hand
ling OF gambling cases. put at rest once ana lOr
al last night the report that the ihoieuhehls %
these three men closed the case Of the people
against gamblers when he told a Tribune reporter
that instead OF the so-calied gambling Investigation
being at an end il really just beginning
In fact 1 is understood that the indictment OF
these three men will only act as spur upon MI
Elder 20 encourage him 10 enforce the anti-raee-
track legislation To-day the Kings County Grand
Jury .gsIl again consider gambling cases, and'
while Mr. Elder viii make predictions, II seems
70 be safe to say that other indictments VIII foi-
low.
Nncb talk was caused yesterday by the failure
Of the counsel of the indicted racing officials to
surrender his clients O Tuesday night as MI
Elder says he pledged TO 90. In fact, deieeuFes
of the District Attorneys Office were scafFSiHs
about all day Tuesday in fruitless hunt for the
three men, which brought up viVidy the fr7iitiess
efforts of this same detective force 10 locate ana
CAPTURE certain indicted bank officials in the panic
last fall.
Although Judge Dixie had sat up almost all OF
Tuesday night waiting for the surrender OF the
indicted men, it WAS until il O'Clock yesterday
that they actually appeared in court for arraign-
aneut Shortly before this Jacob EpeTin OF c"unsel
for the defendants rushed into the courtroom anu
told Judge Dixie that he was ready TO SURRENDER
his clients Upon the judges somewhat indignant
rea1,est for an explanation II the reasons why ne
had not surrendered them according TO his alleged
agreement Mr. EiipeTin replied that he had been
told Judge Dixie was out Of town.
The rapid fire Volley Of questions the judge put
10 Mr.. F,ll,erin seemed TO eulbarrass the latter
who however, finally beat a retreat, to return
few moments later with has clients
When Mr. Elder told of their surrender ne
insisted that the men be held in $1,000 bail each.
Judge Dixie. however. released them In CUSTODY Oh
their counsel without bail.
The indictments upon which the men were ar
rested were in blanket FORM and accused them OF
being common gamblers" The form in which
they were drawn as considered somewhat unusual
The verbatim text Of the indictments follows;
On the 18th day of July. 1908. at the Borough
- z-s 35a - siS zFlisr9 FngeTnan Christopher
, fi-1reTala end Iobn q Cavanagh were the own
.rs agents and saIperintendents of certain de-
vice and apparatus for gambling. that as TO say,
a certain device and apparatus commonly called
advance information. said device and apparatus
being a sheet of paper which were written lles
names Of horses that had been entered 70 and
. 10 and take part in a certain hofSeface
the same being trial and contest OF sklll, speed
and power Of endurance between said horses then
and there arranged 10 take pace ana ABOUT ~
take place on premises then and there sitlate ana
commonly known and designated as the grounds
OF the Brighton Be- Racing Association and
as the Brighton Beach RaeetTsc1. and on which
were also written alongside the names or Such
4 horses, the names Of the riders or jockeys who
said race. and on which were designated also me
names Of the horses Heretofore entered TO TAKE
part IN said race that had been scIatcfed-thai
IS say. been WGtlsraNG from Sali foIittSA am
that would not participate thereiH-togeiher viii
the number of said and the distance over
which said contest Il be by said horses.
aiding abetting assisting and advising the others
did knowingly. unla wfully, wilfully and feonlous-
paratus TO be used by many and divers persons "a
! this grand jury at present unknown, for ana IN
gambling 10 Wit: for and in bookmallng, and for
and In the calculation ana laying ana allotlhs OF
odds said horses. that Is tQ say. the hguTes al
which said persons were willing TO and offered to
n make bets and gers said horses. and for and
In the making a. ser- =ra W3SerS OF money OF
saiG horses. and ia against the form o1
the statute in such made and provided
In the afternoon Justice Scudder of the Su-
preme Court heard arguments on three orders to
show cause why Magistrate Tighe sl.ould not bt
led InaRdafnllS o hea certain ALLEGED
! Justice SCudder denied the application for man
; danus, and said that The Tacetrack men had
shown 10 warrant Intervention on the
part Of the Supreme Court
Later Mr.. EilpeTin said that if Mr. Elder in
sisted upon sJill more delay in these cases he
would surrender the prisoners ana then apply L
the Supreme Court for WritS Of hai'eaS= corpus
thereby taking the jurisdiction away from the
police courts.