The evening world., 1913-08-11
"S|IT|NC IN GAME"
NOW AND THEN IS
LEGAL, SAYS COURT
Even Inviting Detectives to
PLAY Poker Doesn't Make
Man Common Gambler.
UNLESS YOU DRAG 'EM.
Littell's Captors Said They'd
Like TO Play, So They Were
Not Persuaded.
UNLESS YOU DRAG 'EM.

suppose you play poker once IN .
while. or occasionally sit IN At . mice
little eams." Are you theref4s Q
common gamblers
Magistrate Breen says not
II you approach . total stranger.
cay. In . street car. with the sussss.
tion Would you like 70 take . hand
in q nice little gamef" And II the
stranger asks what kind Of . gamer
why. poker" says you. DO you there
by become . maisfactor within the
meaning OF the Penal Code. Section
ssoi
Magistrate Breen onos more 90 shs
front: You certainly DO not. Especially
II you are . feapectabie cit1ssn. even
though you have q mild case Of the
poker habit.
The matter Was settled IN Yorikviiis
Court to-day whsn william X. Litssil
Of Elizabeth. N. j.. . confidential book.
keepSp for . tobacco concern. was ar.
raiEned on complaint Of Detectives Erb
and Miller. a. q common gambler
and for having violated Section go.
SAID THEY WE'RE MADE "MGM.
oeRs OF THE CLUE"
The deteotives' story was that on July
"a Litteii approa ched them in . Sixth
avenue car with the proposition: do
you want to play . nice game oi
poker7"
The Detectives said they ava and that
they accompanied 1Atteil to . nat In
Twenty-first street where they were
straishtway elected members of . club
I,rb sifted in . 80 stack OF chips and
the two policemen left. Three weeks
later they arrested Nttel on th>
charges mentioned.
Littsl's version Of the occurrence Il
embodied IN Magistrate Brssn's deeds.
ion dischar9ing him:
THE defendant. Littsil. 10 a man q
excellent standing IN the business com
munity. He had been celebrating hi
birthday on July . and, going uptown ol
. street car. no accosted these two %
tsctives and asked them II they woul<
Hike 70 play poker. They didn't mind
they said. and went with Littsii 10 TN
place designated. where. it-is admitted
hs and they took part In . game.
'sThe defendant admits that hs had
been there before on two or three oc
casions' but at long intervals. and II dosi
not appear that he has been there dur
Ing the three weeks which the detectives
allowed to intervene before they arrest
ed him.
occAsioNAL POKER isN1
'ACoMMoN 0AM0llNo."
Ut Ia quito clear that the defsndan
In not . common gambler. Ifis conduc
a. an occasional player does not brinl
him under the purview Of the law. u
you play poker only occasionally yos
are not common gambler.
''Nor In there any better basis for thu
second charge. that the defendant per
s,iaded these officers to enter . gam
blainG place" webster's definition o
persuade its to influence by argument
advise. entreaty or sxpostulation: 4
convince by argument or reasoning
According to the officers testimony
there was no need Of persuasion o
argument In their case. The gam
was simply proposed and they &C
cspted at once. In . word. the defen
dant was not 'capper' for . game.
"rhis view Of the case. especially Il
connection with the good characte
and high business standing OF tn
defendant, leaves no doubt of my dut
to dismiss this complaint"