The sun., 1908-06-17
JOCKEY CLUB MAKES PLANS
IT'S TEST CASES TO HINGE on
WHAT A WAGER rs.
o,e Arrest Made at the Track Yesterday
Brighton Cuts Out Some stakes and
Asks subscribers 70 Agree to Modify
nthers-Fiye Thousand at Track.

pecouse OF an arrest made at the Graves
and track yesterday it was said last night
thai there was a wide difference Of opinion
between the District Attorneys Office in
Ein0s county and the Police Department
.s 10 the Interpretation Of the new betting
law.
On Monday Assistant District Attorney
Robert II. Elder said that the making OF q
wager by word Of mouth with no money
nassing and no record Of the bet did not
rarrant an arrest. but that the payment
made away from the track constituted
misdemeanor and that participants in such
a transaction could be successfully prose-
c,ted IT, of course. sufficient evidence could
be secured.
On the strength OF Mr.. Elders opinion,
therefore. bettors who went to the track
Yesterday had an idea that they could make
mouth bets" without fear Of getting into
trouble,
The 200 policemen at the track received
orders to arrest all persons who made any
kind Of wagers, even though no money
sssed and no records were made. just
before the steeplechase. the second race on
the card, George Caffarata, a bookmaker
and a member Of the Metropolitan Turf
Association was standing on the lawn out
side Of the empty betting ring when Pack
McKenna bettor said to him:
What is the price on Simon Pure?"
.They say it is 2 to T." replied Caffarata,
who, according to one version, had a pro-
pramme in his hand with no odds marked
upon it.
DO you want fifty?' asked MoKenna.
aVo,,'ra oy,i. ha raspopao
You're under arrest" said a man in street
clothes who was standing at the book
makers elbow.
Il have not violated the law" said Caf-
garata. Il did not take his money and have
made no record Of a bet!" Before reaching
the gate, Mckenna. who was not arrested,
said 10 Cafarata in loud voice in the
presence of several witnesses:
i was only joking! The bet doesn't 60!
It's off,"
Cafarata was bailed out later on, and
his case will come up for examination next
week 1t will not be a test case, however.
50 the racetrack men said afterward.
Mr.. Elder was not at the track, but spent
his time al the Coney Island police station
Deputy Police Commissioner Baker and
Borough Inspector Flood, however. were
present while the races were being run
After the arrest Of Caffarsta no further
attempt was made to stop the making Of
verbal wagers. which seemed frequent on
the lawn and in the grandstand There was
no betting of any kind in the club house,
where the commtaai oners were under orders
10 do no business.
While nobody in authority would say
when the specially prepared test cases would
lie taken before the Supreme Court Of Kings
county it was learned that the attorneys Of
The various racing associations are nearly
ready TO take aasion. race track stock
holder outlined the plan now under con-
sderation in this manner:
The whole question. We arc told. hinges
on the court rffng as to the meaning of
the word wager The new law saws that
the recording Of wager is misdemeanor
Our attorneysihold to the opinion that il
no money passes between individuals at
the track and no token or ticket is given
in return for verbal offer to make bet
has been made I believe that is the
opinion Of Assisc-ht District Attorney Elder.
II the courts, therefore, rule that under
these conditions no wager has been made,
we are told that there is good ground for
the belief that private memorandums can
violating the law. II no wager has been
made how can a man be prosecuted for
recording something that does not exist
in the opinion Of the courts?
In the case of the People VS.. Sturgis.
which was pissed upon several years ago
by the Court Of Appeals, the ruling was
10 the effect that no wager was made so
long as no token Of the alleged bet in the
shape OF ticket was handed to q bettor;
also that private memorandum OF such
transaction was perfectly legal. On
the strength of that opinion and others
Ot a similar NJ hanIad lAvvv, l,x, ho
Court OF Appeals betting with cash was
carried on under the Percy Gray law and
whenever arrests were made those charged
With bookmaklng were discharged because
the necessary evidence was lacking.
1T is our contention that the new law
fixing OF the penalty. 1t is just as much
aquestion Of legal evidence as to what con-
stltntes wager now as it was under the
Percy-Gray law. If proof that q misde-
mesnor has been committed hinges on the
payment of an alleged bet made between
individuals at the track. where no money
Is passed and bettor has no ticket. with
which to force a collection Of an alleged
wager, we believe that the law cannot be
enforced, simply for the reason that 1t will
De impossible to secure valid evidence that
track
In word the best legal talent retained
oy the racetracks, 1t is said. holds to the
opinion that the new law does not prevent
the operation Of a so-called English credit
system. Before a man can be convicted
OF accepting a wager it must be proved
to the satisfaction Of the courts that q
wager has been actually made. and when
We get decision on this particular point
think the present muddle will be cleared
up to an appreciable degree"
As a result Of the falling OF In attendance
and incidentally the gate receipts the
Brighton Beach Racing Association has
decided to retrench. G. j. Fitzgerald,
president Of the track, announced yester-
day that while there would be racing at the
6each this year as usual an attempt would
ne made TO reduce both the value Of stakes
and overnight purses. Mr.. Fitzgerald said
that the following letter had been sent by
MS association to all subscribers Of stakes
10 be run at Brighton:
DEAR SIR: The recent repeal OF the Percy.
Gray law has made It doubtful whether racing
can be continued In the State OF New Yorh
on the high plane 1t has occupied for many
years This association intends making every
possible effort TO keep the sport alive. and with
That end in view we ask you to assist US by
signing the enclosed consent. permitting us
should necessity arise. to modify or withdraw
any stakes OF this association already closed
following is the agreement sent to the
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