The Washington herald., 1911-02-15
HANDBOOK MEN
MUST STAND TRIAL
Judge Mullowny Prevents
Escape on Technicality.
DISCUSSES BETTING ON RACES
Says that the Act of Making
Wager Constitutes a Violation of
Law-The Cases VIII Be Heard
Next Week-Betting on Baseball
Games Also Considered.

After considering for some two hours
and half the arguments of Attorneys
Charles Benheim and Campbell Caring
ton; counsel for the five alleged hand
book men," arrested last summer, and
of Assistant District Attorney Ralph
Given, Judge MulIowny in the United
States branch of the Police Court yester-
day afternoon overruIed the motion. to
quash the indictments against the quin-
tet and the cases will come to trial next
week
The charge against the five men
Ezra Collins, Milton Plummer, Patrick
Malone, Charles Z. Jowning, and Joseph
Downing-have been pending since last
August when the five men were arrested
in three different places in the business
section of the city and accused OF max
ing books on the races.
In the information against them the
government alleges that each separately
did bet a certain sum with "a person
nameO on the result of a certain horse
race
Arguments on Both Sides.
This was the sentence to which the at
torneys took exception and on which
they based their appeal for a decree to
quash In the course of his argument,
Mr.. Benheirn claimed that the informa-
ton was not specific in that it failed to
mention the name of the horse or the
location of the race while Mr.. Caring
ton says that although the law says that
the bet must be upon the result of the
race, there was nothing in the informa-
ton even to show that race took place
Assistant District Attorney Given an
swered the objections of the opposing
counsel by saying that it was not neces-
sary for the race to have been run to
make the deed against the law, and that
the law did not have for its purpose the
prevention of the evil of losing or win
ming money by betting, but simply of
prohibiting the betting itself. He also
drew attention to the great amount of
work and trouble that the government
would be put to if they were forced TO
send for eyewitnesses of the races TO
prove that these events really took
place. and that the horses on which thu,
bets were made really ran in the races
in which they were entered.
THAT has nothing to do with the pres
ent case" said Judge Mullowny, in sum-
ming UP and delivering his opinion. The
ease or difficulty with which the govern
ment makes out its case does not enter
into the decision of these particular
cases at all.
The Law Was Violated.
stances are free from doubt 1t is a
strange thing that, despite the number
of years in which the handbook evil has
been recognized and the prevalence OF
the handbook men in every city, 1 might
say in every hamlet, that there are not
more authorities available on the subject.
But. having looked into the matter
rather thoroughly myself. I can find but
few.
IN regard 10 the result 1 think that
that enJe-s merely Irto the definition of
the CffenSc Ir this case it does not mat
ter whether the race was ever run or not.
The bet was made. the evil perpetrated,
the law broken when the transaction be-
came actual. and it was this deed-if it
did occur, which, of course, remains for
the trial to prove disprove-which
constitutes the breaking of the law.
According to my Interpretation of the
Inv. as psssed by Congress, he who
makes a bet-whether the matter on
which he bets ever comes TO a head or
not or in this case whether the horse
ever runs or not-he is guilty of breaking
the law and hS should be punished.
Therefore the motion is overruled."
Betting on Baseball Games.
IN lhe course Of the argument the in
teresting question of betting on a baseball
game was raised, the law enacted by
Congress including betting on the ma
tional game.
The court said that it was a mooted
point whether 1t would be the same to
bet on a single inning as it would be
TO make a wager on the entire game, and
one of the spectators, whose voice was
in Stri6eUt ''Ppf petS hif