New-York tribune., 1909-10-14
ELDER BACKS UP WINS
Continued from first page.

alone because Of the statements of Mr.. Wood.
reported to me. but also because it was current
talk in Brooklyn that Judge Gaynor had done
similar things before
II was current report and gOssip that he had
arranged to have the case known as the Cuden
case brought before him that he could rem
der a decision adverse to Governor Odell, who
had removed Guden, the Sheriff of Kings County
Tor having entered into corrupt agreement in
relation to his office.
In this instance Judge Gaynor did render
decision adverse to Governor Odells ruling, but
was reversed both by the Appellate Division and
the Court of Appeals. 1t also common re-
port and gossip that Judge GaynOr had encour-
aged the institution of the McFarIane habeas
corpus case which brought before him, and
IN which he decided question of the right of
railroad company to charge 1O-cent fare for
ride to COnev Island, which decision caused
as is well known. much public disorder IN Kings
County.
Understanding all these things I was much
distressed about the situation, and told counsel
Tor the gamblers that If they brought habeas
corpus proceedings before Judge Gaynor TO test
the new gambling law I should certainly find
some means Of preventing his acting IN such IN
stance
1t was after this that the Collins case was
brought before Judge Bischoff. Judge BischOf
rendered decision which was very unsatisfac-
tory to the gamblers 1t was hard to under
stand. 1t not quite clear that il allowed
oral gambling of a public nature, and it GER
tainly did not allow the recording of bets and
wagers.
WHAT THE GAMBLERS WANTED.
What the gamblers wanted was a decision
that would allow oral gambling. and that would
permit them to register and record their bets
and wagers.
The statute specifically made it an offence 10
engage in bookmaking or TO register and record
bets and wagers.
After the race meet was finished at Sleeps
head Bay horse racing was resumed al Graves
end, and after about a fortnight went from
Gravesend TO Brighton Beach. The Brighton
Beach course the course commonly
spoken of as belonging TO William Engeman
Jy-0n yEaS he ~ ief md who q
was a personal acquaintance and friend of
Judge GaynOr.
For what took place on the Brighton Beach
[ racecOurse Mr.. Engeman indicted with
/ others common gambler for allowing pub
lie gambling upon his racecourse, and was also
indicted for conspiracy to permit public gam
bling on his racecourse. The common gambler
bill was found on July 22, 1908, and the con-
spiracy bin on July 81. 1908.
y few days thereafter counsel who had been
acting for the gamblers informed me that
other test" case was to be brought, but he told
County. y few days thereafter the case of the
People ex. rel George Sterling against the
Sheriff of Nassau County was brought
GOLF BETTING BEFORE GAYNOR.
1t was not brought in Kings County but in
Nassau County. and before Judge Gaynor.
In this case Sterling was not accused of any
offence committed on the racecourSe, but it was
alleged that he made a bet with another upon
the result of game of golf and that he
corded and registered this bet a card.
This man was not accused of being a common
gambler; 1t Engeman who was accused of
being a common gambler. In his opinion Judge
Gaynor made definition of common gambler
Under his definition Engeman not COM
mon gambler.
The learned Court also decided that it was
not an offence to make bet on a racecourse
and that it no offence to register and record
the same. This before the decision that
the gamblers were trying to get from Justice
Bschoff they themselves frankly admitted.
Judge Gaynor said in his opinion; AN Ordi-
nary bet Is not a crime, whether made in your
parlor on golf link or racetrack. nor is
the making of note or memorandum thereof
CASE HAD QUEER LOOK.
After the decision was rendered 7 requested
a history Of the proceedings He stated to me
that he had not known that this case was to
be brought. He said he did wish to have
anything 10 do with it, because the case looked
queer TO him, that he did not wish TO appear
in the matter. but he said that Judge Gaynor
had told him to do so.
Later the Court of Appeals criticised Judge
BisChoff for having rendered the decision which
he did saving The District Attorney dis
claims any responsibility for the preparation of
defendant was issued, and asserts that he is
compelled TO make this test case relating TO
such important action against his protest
There is great doubt whether the facts
in this case have been carefully and thor
oughly developed TO justify determination
of the important question discussed by counsel
in this proceeding. We are of the opinion that
except in rare cases where the facts before the
Court CaunOt be materially changed, qualified
or explained. the determination of important
issues ought not 10 be made In a habeas corpus
proceeding
The golf case that Judge Gaynor decided never
went 10 the Court of Appeals.