New-York tribune., 1909-10-14
ELDER BACKS UP WINS
Md HEARD ABOUT RACE
TRACK CONFERENCE.
Sho,cs Gaynor's Connection scith
Gambling LitigatiOn-"U Why Don't
He Sue Mc?" Asks IUins.

non emf forcement Of the law against gambling
and that & conference was held by the three at
the Hoffman House June II. 1908. was
rsrtly hut not fully, oorroborated yesterday
nv Assistant District Attorney Robert H. Elder
Of Kings County.
Justice Gsynor remained silent. II is under
stood that he viii answer Elder and WINS at
carnegie Hall tonight.
Mr Iylns said that MI Elders statement en-
treiv satisfied" him. but that he did not de-
pend on R-hat Mr.. Elder said, he had two
witnesses Of his own who saw the three in con-
ference and that he could produce them when
needed
Il don't know who is referred to by Mr.. Elder
IS his informant about the conference at the
Hoffman House" said Mr.. WINS last night Il
do kuow that have tao witnesses who the
three together a stated. / am entirely salts
fec with Mr.. Elders statement. 1 consider ii
r fairly full corroboration Of what / charged
But ] am not by any means through with Judge
Gaynor and his record. If he wants to know
who my witnesses are let him put me on the
STAND and ask for my witnesses. I stand ready
80 produce them.
LET HIM SUE Me- SAYS WINS.
i fail 10 note any denial by Justice c. 'ior
Of his having met Mr.. McCarren and Mr.. W oo-.
He knows perfectly well what is meant by the
order Of proof I DO not intend TO try the case
out with Justice Gaynor in the newspapers, or
iu lis way at his time at his pleasure. If
what have said is slanderous there is only one
way 70 Try the issue, and that is at law. II
what I have said is of such character as TO JUS
rif, lis moving for my disbarnent, let him take
that course without delay. He takes himself as
2 serious and an able lawyer He knows per-
fectIy wei how the issues in this case should be
Tried out He knows perfectly we'll that the
only satisfactory way Of making proof is
through witnesses under subpoena. hut cannot
him. He can sue me-
Have YOU any intention of proceeding against
Nr. wins for his attack upon your judicial in
regrity?" was asked Justice Gaynor terday-
Please don't press that question. have
said al I am going to say for the present,
raid he.
Have YOU read q speech delivered by eX-
Police Commissioner Bingham in church last
night denouncing your
Indeed I have not. ] don't intend 70. God
forbid.
ELDER GOES INTO DETAILS.
Mr Elders statement is regarded by poll
fcisns az. practical confederation of Mr.. Ivns's
charges Hts statement follows;
am pressed on al sides TO make a statement
OF what I know in relation 70 the charge which
Nr Ivine has made against Judge Ciaynor in
relation TO the new law that was passed 10 stop
public gambling on the racecourses. have
IN unplea SAINT one, and did not wish to become
involved in it, Nevertheless. ] suppose the pub
'lic is entitled TO have the facts from a public
servant.
The new law against public gambling on the
racecourses went into effect on June IL, 1908
Al that time the racing was going on at the
Sheepshead Bay racecourse. Mr.. Schuyler Par
sons was then the jockey club official in charge
.of the management Of the races there. The
gamblers a few days before the law went into
effect sought 10 devise means by which the law
could he evaded, and continued TO do so after
june H.
A few DAYS after the law went into effect
public Official Of prominence. who had been aid
ing me in my efforts 10 enforce the law at the
racec0urses. came 10 me and stated that he had,
hut . few moments before engaged In conYer-
saton with Eugene Wood, and that Wood had
stated 10 him that he (WoodD ana senator rat
rick H NcCarren had been present at conver-
ssrio1 with Judge Gaynor in which the constl-
tr15onslftv and the validity of the new gambling
Law were discussed. and in which conversation
Ihev discussed how the law could be nullihed'
snd that a case in the nature OF habeas corpus
before Judge Gaynor 10 get decision t@hat @
would allow the gamblers TO Go business on the
racecourse.
BELIEVED IT THEN AND NOW.
Al that time ] did not know who Eugene
Wood was but he explained 10 me that Wood
was a well known lobbyist and a wealthy man.
Probably an hour after this, information was
brought to me by another public Official OF hlgh
prominence whom met upon the race couIse,
and who stated 10 me substantially the same
thing and asked what / thought ABOUT II
That day a consultation was had among the
public officials whose duties il was TO enforce
the Jaw in relation TO this matter
believed then that this conversation old
take place because Of the direct and ofhclal
way D which the information came 10 me. 1
nave had no reasons since to change my opln-
loH. ] believe yet that il took place
very short time after the public officials
hac discussed the subject with me, counsel Tor
The gamblers and for the Jockey Club came TO
ne and proposed the bringing Of case that
should be arranged, a case in the nature OF
haDeas corpus in order 10 get a decision upon
me law. Counsel, however mentioned the name
I declined 10 enter into any such arrange
mslt. I stated that arranged cases would not
meet the situation: that We must have real
cases that were 10 be ltigated in the ordinary
way
GAMBLERS FIX Up CASE
For several days efforts of counsel were
tLlea 10 arrange q case with me, case on ha-
meas corpus 70 get some judicial expression upon
tie su1lect II the law.
When persstently refused 10 accede to this,
discovered that the gamblers had planned 10
1l.aLee case for themselves 7 communi-
.ated with an OF The police magistrates in
'4poElFn 10 whom thought they might apply
warrants. and requested these officials not
go" any warrant upon any such application
ne application -
v hat ] was seeking 10 prevent was a cooked
~ case that would give a judge who was friend
10 the gamblers an opportunity 10 render A
-sl'n which would interfere with the enforce
oL ne la" ana which might seriously en-
aItsss he efforts of the public officials of Kings
o4nt} ln enforcing the law
10y some days was successful in preventing
fl'h case coming 10 issue. Finally now
-.' lley succeeded in getting a warrant in the
~ the People agt Collins n IS true
-, D'i'fe tins warrant issued ] made a
i-olc statement which al that time was pub-
- ID Fallpus newspapers. In which STATE
,-t expressed my hostility 70 these ar
,Nsta or so-caled test. cases and said that
any event J would oppose the bringing q
"a had he