Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-02-10
BETS At RACE TRACK
Justice Stafford Considers De-
murrer to Indictment.
WALTERS CASE HEARING
Discussion of Methods Of "Perambu-
lating Bookmakers."
MATTER UNDER AMUSEMENT
Attorneys Given Permission to File
Briefs of Decisions in
Other Jurisdictions.
WALTERS CASE HEARING
MATTER UNDER AMUSEMENT

Walters the "perambulating boOkmaker'
| at the Benning race track. to the indict-
| ments recently returned against him for
alleged violation of the gambling laws.
| The indictments charge that Walters by
| taking bets at the race meetings set up
| a gaming table, even though he did not
always occupy Il given spot.
At the conclusion of the arguments the
court took the matter under Amusement.
with permission to counsel to file briefs.
| The demurrer sets forth that the in
| dictment is bad in substance in that it
purports TO charge an alleged offcnse.
commonly called bookmakng." whereas
bookmaking is not a criminal offerse in
the District of Columbia unless committed
| in the city of Washington or within one
| mile of the city limits.
The bookmaker whose Indictment was
procured with the cooperation of the
Washington Jockey Club to have deter
mined whether the present perambulatinS
the statute. was represented by Attorneys
A. S. WOrthingtOn and j. j. Hemphill of
the local bar anC by Attorney Joseph S.
Auerbach of New York. United States
Attorney Baker and Assistant United
States Attorney Mcnamara appeared for
the government
President S. S. Rowland of the Wash
ingtOn Jockey Club. Samuel Ross. one sof
the stewards. and Ben HELEN, the flew
secretary of the club. We're attentive
listeners to the arguments.
Attorney 4. S. Worthington in opening
the argument reviewed the laws that have
been passed during the last half century
to repress bookmaking in the District OF
Columbia. He stated that the case was
arranged between the club owners and!
the United States attorney as d test, so
that the Court of Appeals. when it
passed on the questions in the Davis old
style bookmaking case, might have be-
fore 1t the present method of laying odds
at Benning.
Law of 1883.
Mr.. Worthington contended that Con-
gress in enacting the present code section
against bookmaking had in mind the law
of 1883, which permitted such form Of
gambling outside the mile limit and was
cognizant OF the fact that bookmaking
was being conducted at Benning, which
is nearly two miles from the city limits,
and obviously intended to allow bookmak-
ing there. He urged that the concluding
statement of sections of the code prohib
iting gambling, that they be literally con-
Strued, does not authorize the court to
say that bOOkmaking is the same as the
setting up of a gaming table.
Assistant United States Attorney Nc
Namara contended that the same will
is now in vogue at Benning that existed
at the time OF the prosecution IN the
other cases. 1t is against the evil, he
| said. that the law is directed and not
against the mode merely in which the
business which involves the evil is con-
Quoted. What has been done at the race
track since the Davis decision, he stated,
is the same business that was done be-
fore 1t. the method only having been Va
ried In a slight degree.
Courts should not, Mr.. Mcnamara de-
clared, exercise scholarly ingenuity to up
set statutes. which have for their object
the repression of crime. He asked the
court to analyze the present mode of bet
ting and look through the form to the
substance. The entire public knows now
as well as it knew before the Davis case
Mr.. Mcnamara added. that it can go there
and wager its money on races. The book
maker has a placard where odds are dis
played; a sheet on which bets may be
recorded, and a. man who receives the
money. The "bookie'' has Il number by
which he can be identified after rage
The only difference between Davis and
Walters is that the latter moved around
the betting ring instead of remaining in
one spot.
Referring to the liberal construction of
the sections urged by Mr.. Worthineton.
M. Mcnamara said by that phraseology
Congress meant to prevent the mischief.
It. il not a command. he urged, by one
department of the government to an
other, but merely shows the intention of
the legislators to prevent all forms of
Question of Degree.
If it were 4 vice when the layer of
| odds stood irr one place. Mr.. Mcnamara
stated. il is the more a vice when the
layer of odds mngles through the crowd.
soliciting bets. The place where the bet
ting is done has . larger area. and it is
| definite in that it consists OF the lawn
and area under the grandstand at Ben
ming.
The bookmaker has the disposition and
facility to bet with divers persons who.
because of the limited space within which
he operates. become aware of the fact
that they can go there and bet with him.
This form of bOOkmaking. he claimed, is
unlawful because it becomes the business
of the man to lay odds He holds him
self out, ready TO take bets from The
general public.
The law is aimed, Mr.. Mcnamara con-
Guided to protect the improvident, and
prevent ruin being brought on them. Con-
gress didDnot intend that the evil which
it had denounced throughout the District
Of Columbia could be carried on one mile
outside the city limits
United States Attorney Baker took
similar stand and urged on the court
| that by doing away with the form. the
substance had not been affected. By
abandoning the stools the evil of book
| he declared. have in mind the law of
1883 when it passed section $50 of the
code. but was influenced by the opinion
of the Court of Appeals in the Miller
case. which had been delivered in the
| interim.
Attorney Auerbach closed the argument.
| He urged that the case at bar is not con-
| trolled by the Miller decision. the
| present case is based on entirely diff
| ferent state OF facts. The Miller case.
| he said. rests on certain English cases
| therein. cited, which have since been re-
versed by the English courts.
In reply TO the United States attorney
| that the substance is to be considered
and not the form. Mr. Auerbach called
attention to many cases decided in New
York, England and Canada in which 1t
WAS declared that form is essential