New-York tribune., 1908-07-16
BINGHAM BEFORE JURY
TELLS ABOUT BETTING.
Commissioner Says Elder is Idih-
ing Through His Hat.


Baker in charge OF Brooklyn and queens Dor
oughs. and Sheriff Hobley were the chie1 wiz
nesses yesterday before the Kings county Li"nu
Jury. All three appeared by invitation. oniis-
topher J. Fitzgerald. president OF the oiish'o
Reach Pacing Association and John G. Cavandgh'
superintendent of the old betting ring hao peeh
invited to give testimony regarding the "orAines
of the Agnew-TIart anti-gambling law pu' the!
not on hand.
Judge Dixie is so impressed with the Importance
of the investigation that he has decided not TO
discharge the jury this month nor to leave town
himself He has Informed Acting District Attor-
ney Elder that he will keep the jury toee'hef as
long as the investigation continues, If it takes all
summer.
Commissioner Bingham was closeted with the
furv nearly an hour When he came out OF the
room he was inclined at first to refuse 10 answer
questions. Finally he said:
IF there is any implication that the police are
not doing their duty have not done 1t at the
track let them indict bring charges The
grand Jury knows what TO do, and so does MT
Elder"
Isn't it true that betting is going on at the
track?" he was asked.
"yyhv of course" he replied. betting IS going
on at the track and is crime going on in New
York, and has been for the last one hundred
years and the ministers and the police together
can't stop it
why is the betting going on?'
why is crime going all over New York.? the
Commissioner countered.
Some one said that betting was being done openly
a the tracks
IT'S no crime TO oral bets, or to pass money
on oral bets" said the Commissioner. I'VE are
acting under the advice of the Corporation Counsel
and he and Mr.. Elder don't agree on some points
as to the Interpretation Of the law"
Registering bets is Illegal is II not! was askeu
why certainly" he replied.
They registering bets every DAY at the
track" reporter said.
We'll, you shock me." exclaimed the general
ITO give you illustration: If l say to man
I'll bet you $40 on so-and-so.' and you say, You're
on and pass you the money, that is not Illegal
Regarding Mr.. Elders statement that the ponce
could stop betting at the track In hVe minutes
Commissioner Bingham said:
Mr. Elder is talking through his hat The police
are doing all they can. If the authorities think
they not they indict. It's hot and want
to get out of town. The sooner this is over the
better. All that 1 have to say about the hearing
is that we discussed the general situation at the
track. and everything most agreeable and
pleasant"
II gave the grand jury history of all that oc-
Cured at the racetraCk, 1 saw it from the day
after the anti-gambling bill was passed up to the
present. said Deputy Commissioner Baker. '1n
that time I had been at the track nearly every
day The police have done all in their power to
enforce the law. 1 will issue a statement regard
ing this matter tomorrow morning"
Sheriff Hobley said he had done all that he could
to enforce the law with his He had no
money, he said, increase his force.
When Mr. Elder was told that Commissioner
Bingham had accused him of talking through his
hat when making the charge that the police had
been lax in enforcing the law, he said:
THE very best answer to that is that the police
stopped the illegal gambling entirely yesterday
afternoon. The grand jury much pleased to
learn this. and it hopes that gambling will be
stopped in the future. After third yester-
day even Mr.. Fitzgerald could not have laid bet
with bookrnaker The police certainly did stop
Illegal gambling in a very few minutes
why do you speak of illegal gambng'?' Mr.
Elder asked. rs there any legal gambling
st the track?''
IT used the words in Difference to the decision
of Justice Bischof.' replied Mr.. Elder. "apd say
that Illegal gambling was absolutely suppressed
after the third race yesterday. We convinced
that the bookmaking law has been openly and
Systematically violated the racecource and that
effort has been persistently made to detect or
stop It"
when did the grand jury come to the opinion
that gambling would be stopped?" Mr. Elder was
asked.
1T came to that opinion to-day"
BILLY" Du Bos. the of the Patchoglla
Stable, and well known clubhouse commissioner
before the passage of the Agnew-Hart law was
arrested at Brighton Beach yesterday for handing
$ to his trainer. When the spread among
those in attendance much indignation was ex-
pressed but Du Bois in way perturbed and
said that he guessed he could not be held for a
his trainer.
The usual good-sized crowd was in attendance
yesterday, but even the oral betting was confined
to a large extent as the memory brokers, so-caed
not disposed to accommodate those who
wanted to wager in view of the increased activity
of the detectives. Several were made
Sam Frank and johnny Evans treasurer of
the Metropolitan Turf Association. being among
the victims. Both claimed that they had not vio-
lated the law, but We're taken to the Coney Island
police station and released $500 bail Charles
King, of No 10 Bay 10Th street arrested for
accepting bet and John Getty, of Hackensack
n. j., for making a wager
Joseph Nendig, James O'Connel and Alfred
Smith, the three arrested at the Brighton
Beach track on Tuesday charged with violating the
anti-gambling law, arraigned yesterday be
fore Magistrate Tighe, in the Adams Street court,
Brooklyn and released in $500 bail each after the
magistrate had refused motion by counsel for the
defendants to have the cases dismissed
Two mel, who said they Harry Davis of
No. PAL Second avenue and Thomas Mason, of the
Mills Hotel No. l. in Beecker street were dis
charged in the jefferson Market police court yes
terday by Magistrate Wahle, before whom they had
been arraigned charged with accepting bets on the
H4RD TO PLAY POLICY.