New-York tribune., 1908-07-18
ORDER AT TRACK AGAIN
UNIFORMED POLICE BACK.
Tr0 Plainclothes Men arrested on
Charges Preferred by Racegoers.

RacegoeYe
formed policemen TO the Brighton Beach track
YESTERDAY after the experience of Thursday, when
TIE planclothes used more force in making
arrests than WAS considered either fair or just
Inspector Brien, after one days experience. de-
tailed thirty policemen to the track yesterday to
preserve order and to see, explained, that
the detectives who made arrests were qualified to
do So There appeared to be well grounded
that under the conditions that existed on
Thursday any INSCRIPTIONS person could play the
part of detective and go through mans pockets
without fear OF detection.
Several arrests were made yesterday, but mostly
in the field incosure, and in each case uniformed
policeman saw that accredited detective was
making the arrest and then escorted him and his
victim to the gate to avoid any disturbance
Each time arrest being made many OF
those in the crowd rushed TO the back OF the
stand what was going These persons
none of Thursdays incidents, and interest IN
the proceedings died away.
The increased activity of the police authorities
did not serve to keep the attendance down, and
the usual good sized crowd was on hand Ihe
memory brokers observed the law as construed by
Justice Bischoff and there more or less oral
betting although It necessarily confined to a
small play.
Charles II. Hyde counsel for the Brighton Beach
Racing Association, at the racecourse during
the afternoon examine witnesses willing to
testify to what they saw Thursday, when
number Of men were arrested and searched for al
legged violations of the law. Mr.. Hyde plans
to bring suits against the city and those respon-
sble for the rough usage in making arrests on the
previous day 1t was said that an application Tor
Injunction might be made to-day to prevent
the police authorities from making arrests with
out proper evidence.
One of the officers of the Brighton Beach Racing
Association said yesterday that the Pinkerton men
had been instructed as at Sheepshead Bay, 10 ala
the police far possible in preventing any vio-
lations of the strict letter of the law. He pointed
out that the betting was confined entirely to the
oral kind which violation OF the law
under the construction of the courts, and conse-
Quently he said effort would be made to pro-
the patrons of the association without in any
way interfering with the duties OF the police
thorites
The Kings County Grand Jury returned no In
fictments yesterday. 1t will meet again on Mon
day to consider evidence the racing situation.
Tile Of chief interest shifted for while
in the morning to the Adams street police court,
where Magistrate Tighe sitting.
There two detectives who were especially active
at the Brighton Beach track Thursday
placed under arrest. James Merrick. of No. $50
Clcsson avenue, got a warrant for the arrest Of
James l. Cunningham. and Michael Kessel Of No.
az Macon street, warrant for the arrest Of De-
tectire Henry E. Mckinley. Merrick and Kessel
were arrested by the officers at the track, and
they told Magistrate Tighe that they had been
treated disgracefully. Jacob Elprn. who had acted
as clerk of the court for nine years when he re-
tired to enter the practice of the law Thursday
evening, asked for the warrants behalf Of the
victims.
Assistant District Attorney Elder protested
against the issuing of the warrants, and declared
that the officers had acted within their rights
but the magistrate issued the warrants and
paroled the men In his custody for a hearing
on July o.
When asked If his office and the police had
locked horns, Mr. Elder said:
at don't know what the police think of me, >but
wish to do much to aid them possible
DO you think that the police will try make
the law unpopular by too strenuous enforcement
of It now?'' asked
Il have evidence TO lead to think so.
have proof that they were rough yesterday
Mr.. Elders attention was directed to the re-
ported criticism of the work of the police by
James r. Keene the vice-president of the Jockey
Club.
Those who go to the racetrack should go
with the intention of breaking the law or Of
causing others TO do so,' said Mr.. Elder. There
are large number of persons who do go with
the direct Intention of violating the law If they
can In consequence, the racetrack becomes a
lawless resort The owners and managers of the
tracks know this. but allow 1t to continue.
When they allow the lawless element to enter
knowingly they knowingly make the track law
less. The police have right TO raid and disperse
discrdery persons, but the tracks have so pro-
tected themselves by special statutes that they
cannot be raided.
u include the category OF those who know
ingly admit the lawless element J. C. Cavanagh
Christopher Fitzgerald and Allan Pinkerton. the
personal representative of the officials. If James
r. Keene is reported correctly fn saying that the
efforts of the police to prevent the violation of
the law outrageous then he ranges himself
alongside of this lawless element that nfests the
racecourse."
Leo Ulman and Joseph Lefkowitz, who were
arrested at the track than week ago,
Ullman. who testified before the grand
jury. discharged Lefkowitz held. as
Elder said he might need him later.
Speaking OF the actions of the police in making
arrests. Commissioner Bingham said yesterday:
up TO within four five days ago Assistant Dis
trict Attorney Elder seemed quite pleased and
ished with the action of the police. The sudden
change in his satisfaction is perhaps due to the
fact that the police working under the guild
ance of the Corporation Counsel, required BY
law and not under that of the District Attorneys
office
MFR Elder suddenly declared in the public press.
assuming that he is correctly quoted. that the
police that Illegal betting could easily
be stopped if the police wanted TO do After
personal interview with the grand jury the Police
Commissioner Thursday, July is. ordered thirty
plainclothes men to racetrack duty, and IN order
to give the Assistant District Attorney the full
operation of the Police Department and the assist
apce in enforcing the laws which Mr.. Elder seems
be in such desperate need OF. these planclothes
men placed under the order of Lieutenant
Langan who had for some time been doing duty in
Mr. Elders Office and who seemed to be giving Mr..
Elder satisfaction.
THE uniformed force entirely removed
from the racetracks Thursday July IS. but a
squad held in readiness for emergency at the
racetrack gates The first deputy reports that on
Thursday citizens not stripped of their