The Washington times., 1908-08-07
Judge Gaynor Releases Man
Who Wagered Basket of
~. Golf Balls.
DECISION PLEASES
RACE TRACK MEN
Court Even Declares That One
May Record a Bet Made
With a Friend.

NEW YORK, Aug. THAT private or
ordinary betting is no crime, no matter
where carried on, was the decision given
yesterday by Judge GaynOr in the APP
pellaJe Division Of the Supreme Court,
Brooklyn, when he dismissed the case
against George Sterling, who bet on 4
game OF golf.
Judge Gaynor also holds it is not
wrong TO make note OF such bet on
q caro- providing no offer IS made to
make public bets. This decision may
he construed as going one step further
than did Judge BischOf, who said IL
was no crime to make bet unless It
was recorded.
District Attorney Coles. of Nassau
county, and other officials charged
that Mr.. Sterling made a wager of a
basket OF golf balls with Ephraim
Hamm on the outcome of a match
they were playing on the Salisbury
golf links. at Garden City. They also
held that the bet was recorded and
that il was as much a violation of The
RnJi-gambling law as making private
bets on horse races. Judge Gaynor
agrees SyitE the latter contention, but
states that neither Is a crlmei that II
does not matter whether an ordinary
bet IS made on a race track. the gOit
links. or In a parlor.
Takes Liberal View.
This. decision, rendered after a hear
ing on, a demurrer 70 the return % a
writ Of habeas corpus. is more sweep
ing than was expected. Judge GaylloE
made a clear. plain statement OF Jhe
law. as he interpTets it, and II Is eVl-
dent that he enteTtains more liberal
view than some OF the Judges ana
Kings county officials who have been
active IN the racing cases.
Friends OF racing We're enthusiastic
over the decision, as II was taken as an
indication OF the attitude the appellate
division will take II appeals reach tlStI
court In cases now pending. The con-
of 47-sFH
under indictment IS that they made prl-
Vate bets and were not making puDic
books Judge GaynOr also criucIses the
common practice OF applying Tor Wits
of habeas corpus In dlscharglng MT
Sterling, Judge GaynOr says, in part;
That every judge OF the supreme
court is obliged TO issue the writ or
habeas corpus on application, whether
ne wishes 10 or not, and is subjected
by statute TO a severe penalty Tor TeTuS-
ing IS, in itself, a reason why members
Of the bar should not apply for IL eX-
cent in a case of necessity, lest the writ
be abused II does not seem 70 me that
Il was necessary to invoke the writ in
this case, for II IS quite lnconCelE0Dle
that a magistrate would rule that the
information against the relator states
facts which constitute a crime and hold
him for trial.
Never a Crime.
Ordinary betting has never been
made a crime. people VS.. StedclIer, 155
n Y, 81. CD The law has never de-
seconded to thrusUug its nose into the
personal conduct OF men and women to
that extent and those who try TO make
out that il has only tend TO create q dis
respect for it. In the administration Of
the laws no one should set himself up
as better or suriCteT than the laws.
mo law can be enforced except by
public opinion, and wise legislators
never pass q law which lacks public
opinion in its favor SUch laws are
dead letters, except as they are stirred
uU from time to time by the few among
MS who delight in meddHng with the
conduct of others, or TO levy blaCkTail.
The community SHEDS them as a snake
lature did in respect Of the gambling
laws was TO make them apply inside Of
a race track the same as outside It In
no other way extended or added to the
said laws claws Of 1885 Oh. 505J."
AS to the writing Of a memorandum
Of the bet on a card by the relator, II
Is enough 10 say that section No. Sol
terms 70 the case OF persons who en-
gage in the recording or registering Of
the bets OF all corners ga q practice or
business. That is common gambling or
aiding and abetting cornmcn gambling, /
which the law does not tolerate. The
difference between it ard ordinary bet
tins is too plain 10 call for words
IAN ordinary bet is not a crime, /
whether made in your paTlOT OF on q
golf links or a race track. nor IS the
making Of g note or memorandum
thereof; but If YOU hold yourself ont 20
bet with al Corners, or generally, or
become the general recorder OF such
bets between others, you are guilty OF
a crime"