The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-04-16
BIG VICTORY WON
FOR HORSE RACING
Sport, for Time Being,
Firmly Established
in Virginia.
ALL INDICTMENTS
AnE DISM is SEQ
Evidence Of State insufficient to
Convict Of Violation of Anti
Betting Laws-State With
out Appeal, but Matter
Probably Will Be Fought
Out inLegislature.

Norfolk. Va. April 15.-Horse racing
when Justice j. S. Cermine dismissed
all twelve OF the indictments recently
returned by tho Norfolk county grand
jury for a further and nnal test OF
alleged violations OF tho Virginia anti
betting statutes on the Jamestown
Jockey Clubs tracks here.
The Indictments included two against
the racing association. represented by
James E. Prince as president; two
against Bob Levy. as lessee OF the
track, and one each against eight Jay
ers. The indictments. being misde
ineanors. had to be certified By the
county Judge to magistrate in the
jurisdiction In which the race track
IS located for original trial. and this
was had at great length to-day before
Justice Carmine. sitting in the county
courthouse at Portsmouth. Win In
tense interest centred in the outcome.
there was a great crowd, including
number OF prominent people. Interested
both ways.
The case was hard fought through
out. but the defense offered no testi-
mony in rcbuttal to that of the Com
monwealth. resting It's case entirely
upon the statute and the evidence of
the State. which was alleged to be In
sufficient.
Witnoss for Governor.
The principal witnesses were Attor
neyiJ. sydney Smith, OF Norfolk. who
called the attention Of Governor Mann
Of Virginia. Officially TO the alleged
Violations on the race track: Walter
Delk. private detective from Rich
inond, who upon the stand admitted
that he had been sent here By the Gov
ernor OF the State for the purpose of
collecting testimony to break UP the
races: X. T.. Mitchell and John H. Day
who. like Attorney Smith and Detective
aDelk. had visited the track for the
purpose OF gathering evidence suisse
quently laid before the grand Jury
and upon which the indictments now
dismissed were based. II developed
that on the occa sion OF Attorney
SSfnith'e last appearance at the ira ok
he was recognized and refused a ticket
OF admission.
The testimony OF the State was 10
show that there was particular place
on the race track whe.e the layers on
Grated; that one had admitted TO the
Governors detective that II cost the
layers total OF $3.50 per day TO main
tain themselves on the track, and out
out of this $40 went to the racing
associa ton for the privilege.
The Governors detective said he saw
as many as fourteen and possibly If
teen books under the grandstand at
the race track In one day. There was
no evidence, however, TO show actual
viola lions OF the statute, as construed
by Magistrate Carmine, and the cases
were dismissed, though over the strong
protest OF Comnonwealth's Attorney
Marshall.
State Without Appeal.
The State is without appeal, and
there can be no further molestation of
the present meeting, which runs
through April % Reformers. who
brought about the prosecution Just
ended. will probably be heard from
again when the Virginia Legislature
meets In January, 1912.
's To-night's victory was great one
for the racing interests. and means
that racing is firmly established in vir-
ginia, for the time being al least.
One of the features of to-day's trial
was the pointing out in court OF O'Neil
Sewer, well-known newspaper writer
from New York, as layer. 1t was a
case of mistaken identity by the States
witness. and the incident created con-
siderable incrrimcnt among the ra cling
people in attendance