New-York tribune., 1909-01-01
RACETRACKS YIN POINT.
Appellate Diuision Decides dope"
Slips Are Not Gambling Devices.

The Appellate Division Of the Supreme Court
sitting yesterday in Brooklyn handed down a de-
cision which sustains the demurrer to the indict-
ments found few months ago against William
Engeman. proprietor of the Brighton Beach race
track; Christopher F1tzGeraId. president Of the
Brighton Beach Racing Association, and John G.
CavanaSh, the betting ring manager. The men
were indicted for aiding and abettng gambling by
the distribution Of advance information slips. The
whole case turned whether or not advance in
formation slips, which show the names Of the
horses. the names and weights of the jockeys. the
scratches etc, are gambling devices.
This question was presented to Judge Dixie Of
the County Court who sustained the demurrer to
the Indictments holding that the slips were not
gambling devices under The law. and passed the
question along TO the Appellate Division upon the
appeal Of the people.
The justices OF the higher court severely criti-
cised Judge Dixie for failing to make more thor
ough investigation Of the question before pass
ing along the problem to them, and then permitted
the argument.
Robert H. Elder the Assistant District Attorney
argued that tie slips a most important factor
in gambling at the tracks and in the pooIroorns.
and that without them gambling would be almost
impracticabie The attorneys OF the racing men
held that the slips not included in any de1ni-
OF gambling device used by the courts or law
makers and that the sheets were no more to be
condemned gambling devices than the daily
papers
Justice Woodward prepared the decision, and II
was unanimously concurred in by Justices Gaynor,
jerks, Hooker and Miller. In the decision the
court held:
Certainly this slip Of paper, with the information
which It contained, not a device apparatus
for gambling in any possible sense. It did
its face pretend 10 relate TO gambling. it such
| a slip Is any individual might make out for his
/ information, for the information Of those
who were interested in the races, and the mere
fact that If might afford facts which would be
/ useful Of sporting proclivties in max
ing up mis- mind how he desired to place his wager
any Of the definitions which we have been able
TO find.
The order appealed from should be affirmed.
District Attorney Clarke said the case would be
appealed, so that the court of last resort could
pass on the question involved.
y intend TO leave the matter entirely IN the
hands Of Elder, who has been handling it here
tofore,' he said.
The racing decisions. hey have gone up to
the present, have been Of such character that
they would permit engaging in bookmakng and
most freely as heretofore said Mr.. Elder yes
should sustain the past decisions there will be I'M
porsnt work for the Legislature TO- do this winter
and J understand that the Legislature will be re-
quested to 90 it,"
Have you communicated with Governor
Hughes?" Mr.. Elder asked.
THAT question I cannot answer he replied.
He tier continued:
Il understand that the association OF bookmak-
ers has already decided to resume work next year
unless these decisions are set aside The decisions
also vitality affect the poolroom question the
new statute puts gambling the footing
inside outside the racetrack"