New-York tribune., 1908-07-25
NEAR BLOWS In COURT
Magistrate Tsghe Threatens Arres,
at Racetrack Mans Hearinr

Pandemonfum reisned in tss Adams str.@. ,.,
court. Brooklyn. yesterday morning when a..
sistant District Attorney Elder tried 90 eor,,.t -
unwilling prisoner appear before sb. -.
jury The prisoner wss Edward BrazI o. n, y,
West spth street. Manhattan. who was arrs~s.s -
the charge Of violating The anti-KsnnbIirg ls,r, .
the Brighton Beach racstraek on THURSDAY s,< -
been admitted TO bail The grand Jury heard fb,,
he accused detectives OF taking brfbeS sns -
poenaed him to appear before #. The sutrn.-
was served him while he was walking mar 49,
Adams street court. At the appointed tine ba AZ
not appear and Mr.. Elder sent Detectives asrs-
him
Jacob Eilperin, lawyer. told Brawi that az :,
was under arrest, awaiting his arragnneut h.
under obligation 20 respect the subeos,s
The man consequently refused to accompany ~.
detectives and of them took him By thA a.,
and tried 10 persuade him 20 go along Eif,a-,
thereupon denounced the detective for assaultiuy
his client When Mr.. Elder arrived IN the court
he found tiISt Eilpern had placed hts eli.ar
inside the rail and had instructed the court az
tendants to keep him there while ne drew up tzo
John Doe effdavfts charging Elders detectives
with assault. Mr.. Elder then asked hin = h. m
tended 70 obey the subpoena which had been
served on him Brawl said that he not srsaS
to do SO, advice OF counsel, and Mr. Elder Or
dered the arrest Of Brawl-
The room was full of bookmakers and Their
syupathizers. and they crowded forward apparently
intent interfering with the assistant district
attorney The court attendants also intsrvened-
Police Magistrate Tighe was in hts private room
and was attracted 10 the courtroom BY the turnut
He tried TO push the obstreperous spectators back
threatening everybody in the courtroom with
rest AS soon quiet had been restored Ellperin
asked the court 20 issue warrants against the de-
tectives which request the magistrate refused
you are disobeying the law! I'll nandamus you
and make you issue the warrants!" cried Eilperin
Go ahead and mandamus me-, responded the
magistrate
Magistrate Tighe after setting Brsvi's hearing
down for next Thursday told him that he free
10 go over 10 the grand jury His examination
occupied Oniv a few minutes 1t Is understood inst
he denied having accused the police OF accepting
brtbes Afterward Brawl asked Elder NOT 70 prose-
cute him for contempt Of court declaring that he
was prisoner and that he felt compelled 10 obey
his counsel Elder said later that the grand Jury
would probably Investigate the conduct OF both
BrawI and Eperin-
The trouble was all caused BY the attempt Of
the gambling element 20 distract public attention
from the real point al issue the enforcement ef ths
anti-bettng laws" said Mr.. Elder after the hear
ing
The grand fury adjourned to meet again on Mon
dav morning after B-awl left the room Be1ors
the adjournment Mr.. Elder was Instructed 20 do
something" Just what that something was ne
would not tell but it is quite within the range OF
possibility that something Will be doing on Men
day in the line Of indictments
At the afternoon hearing the arplscsto1 ot
Thomas Ruth an indicted racetrac< man. 1s- ne
right to inspect the minutes of the e I'd tury Nj
Elder referred TO the application Of justice BscnoHs
decision and his Interpretation OF II William WIS
Ruth's attorney. tnId Judge Dixie. who sat IN lns
County Court TO the argument. that the COM
pIaint against Ruth and the af1davits Of the WI
ness did not make out case against him SUFFICIENT
70 lead 10 his Indictment. and he said that ts
minutes of the grand jury should oe produced %
show what further evidence was introduced oerofe
the jury He also said that Justice Bisohen had
held that oral betting was legal
s.IusticA Bischoff did not declare that oral betting
is no crime said Mr.. Elder in rebuttaL he DE-
cided that non-busness betting IS not crime eus
that business betting is a crime Patrolr1an Aat-
tbews swere that Ruth and 2 J. callshaa. Who
was arrested with Ruth made ard took bets
Ruth approached Callahan. according 20 the an
davit Of the officer and asked what odds ne was
giving on Sugar Pine
Seven to one replied Callahan
THAT was an act OF bookmakng- A man Is
bookn1aker by business who quotes. advertises and
Laws odds for the purpose OF making bets Ruth
when he heard what the odds were, said, a2paF-
emily In warning;
"'Dugan Is riding.
Then they held whispered CONVERSATION A'1
finally Callahan said;
".Au right
The arrest followed. Evidence produced oefors
the grand Jury shows that the jockey is an m
portant consideration with the bookrnaAsrs n Tx
ing the odds The evidence in this case tended 70
show that Ruth and Callahan were So-operatlls -
the business of bookmskng-
He also said that the grand jury had oonslasFeu
no case could possibly be upset BY the Biseno
decision no matter how the Court OF Appeals DE-
cides concerning IL. AS Mr. Elder and WIS hsa'
different views respecting the interpretation OF '
decision Judge Dixie adjourned the case untL hsAs
Tuesday.
MANY Of the booknakers have ncw no clerks.
Mr. Elder explained. and II oral bets were 4esa1
when made by professional oookmakeTs these neH
could not be reached except in far as the aEs'
number Of their bets tended show that they Ve'a
professionals.