The sun., 1908-06-28
NEW BETTING Law ARGUED
COLLINS CASE BEFORE JUSTICE
BISCHOFF ON A WRIT.

John n. Stanchncld Contends That the Act
IL Absurd District Attorney Elder Bayp
THAT the Purpose OF the Constitutional
Convention 10 being Carried Out.
Melville Collins, whose arrest for acoept-
ing verbal bet Of IS on a horse race at the
Sheepshead Bay racetrnok is being made
tho basis OF a test case by the racing people.
was again before Justice Bischotf In Part H..
Special Term, OF the Supreme Court yea
tarday on q hearing for his discharge on
a writ Of habeas corpus.
Collins had been freed by Justice BisohoR
the day before owing to O technical defect
Ii the commitment and then rearrested FOR
the same offence. Instead Of being charged
In general terms with violating sections
500 and 507 OF the Penal Code he nov, has
to answer specifically to having received
q money bet on horse race.
The question for the Court to decide 10
whether or not a verbal het on race. such
as the one Collins accepted, constitutes d
violation of the law. John B. Stanohfeld.
who appeared with Herbert Barry and
10 Iancey Niool for the racetracks, argued
that verbal betting between individuals on
90 event is not violation OF the provisions
OF the Penal Code against betting and
gambling and Is not a violation OF the new
law
Counsel for Collins attempted to take
his offence outsid9 OF the act by constituting
the law as an nbsurdity.
Does any one mean to say asked one
Of the lawyers. -that II two men should
make bet OF dinner on the result Of a
political election and the loser should pay
the wager that he should be sent to the
penitenfiary for it?" There is no difference
when individuals make bets on the result
o9 horse race and are not bookmakers or
sTRe place said Mr.. stanchfleld later.
where the bet was made has nothing to do
with the case. It might have been made
at the University Club, In o private house
or on the street" Mr.. Stanohheld said that
make betting criminal offence and that
the amendment made no change in the
law except as regards the penalty.
"Thus,' he exclaimed. a man who makes
an open bet may have to 60 to Jail for a
the man who cheats at cards may get of
with q flne!" Mr.. Stanchfield maintained
that the anti-betting aot was aimed only
, at bookmalkers and poolsellers.
Acting pist,iot Attorney Elder OF Kings
aRa tsndea that that there we're a S The 'sR Strongest
reasons for holding that the purpose Of the
constitutional convention when 1t framed
It's section against gambling was to prohibit
not simply the business OF gambling but
gambling in all forms or phases. even as
between individuals"
The convention, he declared, had It's
eye particularly on racetrack gambling
"For example," said Mr.. Elder, dMr
De Lancey Nicoll, who now appears for the
racetracls, declared at that time I am
determined to put myself on record and
vote against all kinds Of gambling-not
against poolselling or bookmaking but
against 1t all. >"
THAT'S what Ben Steinhardt said ten
years ago. Mr.. Nfcoll retorted.
Mr.. Elder alluded to tho extreme broad
ness OF the wording Of the act and to the
circumstances under which it hsd been
passed.. In summing up Mr.. Elder said:
1T being clear therefore that the Legis-
lature intended that the terms Of this clause
about receiving money bet and wagered
should apply to any possible sort of a case
that could reasonably come within its
terms. 10 follows that the writ should be
dismissed and the prisoner remanded."
Justice Bischoff reserved decision. Briefs
will be submitted to-day. Meanwhile the
prisoner is on parole.