New-York tribune., 1908-06-27
RETTING CASE ARGUED
TBT- TO DETERMINE Law
ar. StQRchfeld and Dir. NicoH IN
pear for Racing Interests.

--e rues[I9n IeITinC CONSTITUTES
gambling within the meaning OF the law was
sL-sssed out pro and before Justice Rischor
!, the Supreme Court yesterday. following the 20
--est Of Melville Collins. charged with having
wsrered s. on HotspGr at the Sheepshead Bay
s-e.-ack John 3 Stanchfield represented Collins
a. .Ae contention that 4 bet between individuals
xas Tot gambling and that the law was aimed
exclusively against bookTnake-s. booksellers and
,ber professionals Robert H. Elder Assistant Dis
+-c+ Attorney OF Kings County. held that the law
,n,led 70 every form Of betting After the argrI-
-reuts Justice Bischoa gave each side until Mon
sav to lie briefs and Collins paroled in Gus
.oav OF his counsel
This was the second attenlDt TO test the new
,.w IN its application 10 Individual betting on
thursday Mr.. Elder refused to oppose the writs
of habcas corpus that counsel suing
collins and Joseph Loewy. His reason was that
the commitments We're defective and would.
oo-sfac 70 precedent in the The Allen case be
GO adjudged II carried up TO the Court Of Appeals
The prisoners were accordingly discharged by
Srstice BischofT. but bright aud early yesterday
morning Collins waiting at the Coney Islard
rolice court Offer himself again as a sacrifice
20 the cause Meanwhile Captain Herbert Barry
Of Dawes. Stone & Auerbach counsel for the
(,oncv Island -1lcey Club had requested Mr- Elder
10 dictate what he considered the proper form of
commitment for Collins's alleged offence
The commitment was made out that way and the
esr-e man who complained against Collins before
vas IL Ihe Coney Island court He complained
seall. AID Collins arrested and held in 500
korEs C- Magistrate I1She- He was taken to Jall
and 3 writ OF habeds corpus was obtained Thus
the case w8s once more brougl: before Justice
BisctoE-
When Collins was taken over 10 Manhattan ny
s sepy-ty sheriff Kings he represented by
Jch1 3. Stanchield and Delaney NicoIl besides
Captain Barry NJ Elder represented the people,
but one OF Corporation Counsel Pendleton's assist
s-ts was II court in the interests Of the police
1senffng the argument Monday. which NJ Pen
dleron vii offer against the extension Of the in
a7I locker
Club -estrsiniaa the police from interfering with
patrons Of the trach-
NJ S5anchfeld said he challenged the suf-
f-.e-rv Of the information the effect that A
crze hzd been committee He took no exception
70 ne lacguage OF the complaint. which set forth
thar Collins paid - that he lost on Hotspur
~ want YOU TO understand M Stanchfeld said,
-that The this money paid in an Enclosure
known as racetTack cuts 10 figure II might
have occurred al the University Club
He then attempted show Inconsistencies In the
lzus applying to betting man who cheats al
cards, he said is guilty OF Elisdeneanor and pun
.sacle by imprisonment for one year or a fine or
En Under Section SO, he said. man who wins
- hr5d-e OF uozer or Sionnos may lose five times
the amount Of his winnings in civil suit brought
hy ne loser Since The passing OF the ne" law
n sd any who violates Section S'l OF uie
Pe-sI Code guilty OF misdeTneanoT, punlshaDte
b not nnOre than one year in prison with no al
ternatfve OF 2 f3e- He took up case OF a bet OF
2 dinner made by himself and NJ Nicon and MI
Fen1Ieton On the chance OF Bryan's nomination at
Denver. asking
Is Il conceivable that under the strict inter
p-etat5gu CT Section IL the Legislature meant that
E-~5 an amateur bettor is guilty OF crime and
x7s5ecz himself 10 Imprisonment. while the card
chezt who hzs been 4 social OItcast, gets OF with
. Ene--
II 62zsY,5-,y his argument he asserted that the
T<z-z,zIz-e never intended ID make man who
ua-e-rsF CT = hcrze-ace other event crlI1irai
rar-a u, 5-rrrfsc-rlenr. TIE laws he said. were
rf-s5 At professional gamblers and he asked JUS
ice 1sf=-E.oa rule tat offence had been com
rlittea by Collins under the amended section OF
tra PenaI Code
rslen re said There are the strongest reasons
fc- hoIdlng tat the purpose Of the constitutional
convention Eae-, framed its section against gam
hing was 10 prohibit not simply the business OF
Eaz1-Iny. systematic gambling but ganhilng n
a 7lru1s and phases. even IS between lnoiFlduals
II Ff6e- created soE-,e slight amusement when
n r1-- his a-Eunent- he quoted from speech
I-sFa before the constitutional convention by DE
I.--e- N--o- who WAS appearing for Collins AT
trz- -=re NJ Nfcor said IN part: What We want
u do IS 70 condemn al kinds OF gambling, book
--akl-- and everything else am determined to
p myself c. record and vote against all kinds Of
ga-5ans-uot against pcOlseIIing or bookrnaking
b. against T aG-''
N-hea Hr elder hsd finished. after saying the
Is7 was universal il its application Justice fischof
sad Thar Part Of the statute seemed ambiguous IN
tha EC--1s by or Tor any other person Mr. NicoH
e-uIzI-e5 this ws5 aimed ~ pooIrOouls-
IN the Corey Island police court the two men
vh0 were foE3d with big telescope and tele-
phone and raciaS card il cott.ge near the back
stretch ~ taa SheeDsh,ad Bay track were dis
Cred rv Magistrate TIghe- The police said they
hsI tapped tie telephone wire from the cottage and
fognS the nan sending out reports The magistrate
said he had looked into matter and there was
no evicenre against them They gave their names
as ~AT" Cpper7rzn ard " = Durgia when ar
rr~1ed Fr-t OF sFe record these were changed TO
Ws--e- Davis ard Rotert Hopkins
W. u. TO REMOVE WTRES.