New-York tribune., 1908-06-30
BETTING CASES ARGUED
FIGHT IN THREE COURTS.
Bingham Injunction Matter i'd
journed for Briefs.

The new anti-betting law was the handspring OF
litigation in three courts yesterday, and TO round
out the matter policeman was tried by Deputy
Commissioner Hanson charges OF having ac-
cepted bets on the Sheepshead Bay races Justice
Blanchard In the Supreme Court heard arguments
for and against the continuance of the temporary
injunction obtained by the Coney Island Jockey
Club restraining Commissioner Bingham and MS
men from interfering with groups OF persons en-
gagged in conversation at the track. The club was
represented by John B.. Stanchfeld and Delaney
Nicoll while Corporation Counsel Pendleton ap-
peared In behalf of the police After the arguments
Justice Blanchard instructed the lawyers to sub
NIT briefs.
The contention OF counsel for the clubs was that
Bingham's committed trespass. Mr.. Stanch-
field pointed out that the Coney Island Jockey
Club was legally organized corporation ana mas
spent over 100000 its Sheepshead course. where
1t conducts lawful business. He complained
that since the passage of the new law Bingham's
men have harassed the patrons Of this track This.
he asserted, constituted a continuous trespass on
the grounds. He said he did not contend that a
court of equity could interfere with the enforce
ment of the criminal law and continued by saying:
Fundamentally complaint proceeds upon the
theory that these police officers are interfering
with personal liberty and harassing and annoying
individuals in the exercise of that personal hDerty
ana are deStroyihg the patronage anu
the income of this plaintiff and preventing people
from gathering in knots of two or three or four
In conversational Intercourse and compelling them
to move on.
He then read several afidavts made by persons
who said they had been annoyed by the police
when they were not trying to break the law MI
Stanchfeld said that while the legality of oral bet
ting being inquired into before Justice Bischon
he asked the court to rule that the making OF an
oral bet did not constitute violation of the rrlni-
nal law The law. he said. aimed at profess
sionaI hettors. such as bookmakers, and not at
individual bettors.
Mr. NicolI, who followed Mr. Stanchfeld, dwelt
on the fact that Governor Hughes had written TO
Commissioner Bingham asking that the law be en-
forced. On this point he said:
Now 1t is not at all surprising that. under such
stimulus as the request Of the chief executive the
Police Department should be overzealous In TINS
chief executive has them the bower of the removal Of
the head of the Police Department So you find
two hundred policemen who resort to various
acts of oppression against particular individuals
Corporation Counsel Pendleton contended that the
courts should not interfere with the police in the
performance of their duty All that the law
had done, he said. make an offence COM
mtted within racetrack inclOsure punishable by
the penalty as If committed outside the track
He read from afidavits of Inspectors Flood and
O'Brien that well known bookmakers had been as
sembling IN the neighborhood Of the ring and the
bulletin boards where they make bets After re-
referring the Union Square bomb throwing as
an instance of the necessity of having the police
prevent crime he asked
What Is the question here? Here have the
police with the knowledge that certain acts are
being committed which are illegal. 1 purposey
avoid the question as to oral betting for WhetneT @
making arrests when the police consider the law
has been violated, but do say that oooknaklng @ f
being carried on here in defiance or the IaW
and that bets were being made and accepted by
these bookmakers, which acts were unquestlon-
ably in violation OF the law
Mr.. PendIeton said there had been trespass on
property by the police. and asked that the tenn
porary injunction be dissolved.
While this going oD Acting District
Attorney Elder of Kings County and John B.
Stanchfeld representing Melville Collins. submitted
briefs to Justice Bischof in the haoeas corpus &C
ton brought in the Collins case of alleged oral
betting Down at the Coney Island police court
the sixteen cases of alleged gambling were ad-
tourned until July H. Two OF the men, John
Weldon and Philip Donahue. did not appear. but
would arrive later The desire of counsel is 10 wait
until the Collins habeas corpus action has been de-
cided in the Supreme Court.
At Police HEADQUARTERS Edward O'Neil, patrol
man of the traffic squad, stationed nj Broad street
was brought up charges of having accepted
bets on tbs races. He defended by Julius
Maver who said there had been some mistake and
who pointed out ONeils good record on the force
Deputy Commissioner Hanson reserved decision and
held a conference with Commissioner Bingham on
the case.
Two arrests made by the police at Sleeps
head Bay for alleged violations of the anti-betting
law The first one was made by Detective John j.
Bowling Of the Sheepshead Bay station. who said
that he saw Lewis Daniels, of No. 81 Second ave-
nue. Manhattan. accept verbal bet from an un-
known man. James Hickey, of No. 21 East sith
street was arrested by Detective Joseph Miller
on the charge of recording a Both prisoners
will be arraigned in the Coney Island police court
this morning.