The Birmingham age-herald., 1909-10-14
Judge Is Charged With Trying to Defeat Anti-GambIiRg
 Statute
HOT STATEMENT MADE
 BY ROBERT H. ELDER
Judge Gaynor Is Charged With Get ting Action Upon Certain Cases in Which Gambling Law
 Was Attacked.

New York, October 13.-The principal engagement today in the political war fare preceding the municipal ele-tien vas sei,satjonal attack upon W.iliaa, J. Gaynor, democratic nominee for mayor, by Robert H Elder assistant district attorney of Kings county (Brooklyn) who has represented the state In fight to enforce the anti betting laws on the race tracks. The attack. in the form of statement was designed to support and supply de tails of the charges Monday night by William H. Wins a republican. but A Hearst supporter. that Gaynor. in his ca | pacity as justice of the supreme court l had sought to defeat the purpose of the anti-gambling statute
 Mir Elder says that he too. had learned of the alleged conference of Justice Gaynor, State Senator Patrick Il. Mecarren and Eugene Wood of Brooklyn. at which the eonstitutional- lty of the race track law was discussed and as alleged. a test case contemplated upon which Justice Gaynor was to rem der decision
 MT. Elder tells how he attemntea to frustrate this alleged effort ,o got test case before Gaynor. and how the justice in connection with case of betting on golf, eventually declares thar II was not an offense to make a bet on the race track
 Ane Elder statement says in part: Elder Statement. l The new law against public rav. bling on the race course went into
 effect on July II, 1908. At that time
 the racing was going on at sheepsaead
 Bay few days after the law went l into effect. a public official of promi- hence, who has been aiding me in nv enorts 10 enforce the law. came to ,,a and stated that he had but a few mo ments before engaged in conversatio6 "ith Ehsene Wood and that Wood had stated to him that he tWood) and San ator Patrick H. McCarren had hea, present at a conversatf ton win rndvo e'aynor' In which the constitutionalitv ana validity of the new gambling law was ulscussed' and In which conversa- ,ioh they discussed how the law cAuld pc nullined and that a case in tbe na ture of habeas corpus proceedinr w.. arranged to be brought before Juaaa Gaynor to get decision that woula alz low gamblers to do business on fbs race course
 Probably an hour afterathfs anotba~ pubic official of high prominence wbo,, met upon the race course. statsd to r,a substantially the same thing he,,a,,aa then that this conva,Sat tfo.
 because of the direct and official way m "nicn the information came to me- I be- leve yet that 1t took place"
 The statement adds that counsel for tha alleged gamblers and for the Jockey club later proposed to Mir. Elder the bringing or a habeas corpus action. in order to gel decision on the law. but that he declined to enter into the arrangement and re- qnested all the police magistrates in Brooklyn not to issue any warrants with out first giving him an opportunity to oppose the application.
 MT. Elder goes on to say tlTst the golf case was not brought in Kings county. but In Nassau county. and before Judge Gaynor.
 Tn this case.' said the statement. ..it was alleged that one person made a bet
 
 he scored and registered the bet on a card. In his opinion Judge Gaynor made det nition of a common gambler Upon this definition William Engeman, a per sonal acquaintance of Judge Gaynor. who had been previously indicted as a common gambler, as chief owner of the Brighton Beach track was not a common gambler
 The learned court also decided that it was not an ofrense to make a bet on a race course, and that it was no offense to register and record the same"
 Justice Gaynor was busy tonight reading the Elder statement, but he did not inti- mate whether he would make reply The Twins charges he branded as lies.
 The republican candidate, Otto T. Ban pard the only one of the three mayoralty nominees to do any active campaigning today. He spoke to newly organized republican club at Columbia university and at several East Side po- litical gatherings.