Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-01-31
BOOK|ES MUST QUIT,
CHIEF JUSTICE SAYS
Fines Aggregating $500 I'M
posed on Four for Accept
ing Race Bets.
SUPREME COURT HEAD
WARNS ALL OFFENDERS
Denounces "Pernicious and Insid-
ious Practice Which Saps Vitals
of the Body Polite"

Commenting on handbook max
ing in the District of Columbia,
Chief Justice Covington, presid-
ing in Criminal Division 1 OF the
District Supreme Court, an
nounced from the bench today his
determination to stamp out OF
Washington this "pernicious and
insidious practice" which, he de-
clared, "saps the very vitals OF
the body polite"
Four men entered pleas OF
guilty to setting up gaming
tables, where bets on horse races
might be made. when arraigned
before the court. Fines totaling
S2.5oo were imposed and peni-
tertiary sentences aggregating
twelve years were given and
suspended on condition that the
men never again engage in ac-
cepting bets on horse races.
Three Fines Are Paid. s
A respite of twenty-four hours was
given one of the defendants to raise
his fine; the others were paid.
John w. Rice, the first 'bookie" to
plead guilty, was indicted April 5 last
on information given to the grand jury
by William Green. the youthful cashier
of the Postal Telegraph Company. who
is now serving a term of three years in
the penitentiary for embezzling the
company's money. The boy claimed that
the money was spent betting on the
races with Rice. The indictment was
in eight counts. and the maximum fine
could have been $4,000. The chief JUS
tice. however, decided to make the hne
$1,000 and to sentence Rice to a term
Of three years in the penitentiary. The
imprisonment was suspended during
the good behavior of the accused. He
was allowed twenty-four hours to
raise the fine1 at. the. request of his
counsel. Alvin L. Newmyer.
John J. Sullivan, Harry Eicholz,
Frank c. Short and John J. Kelly were
indicted last spring as the result of a
raid by Assistant Attorney General
Harvey Given and special Investigators
of the Department of Justice on a
house in Girard street February Is last.
The raiders secured a large quantity of
and racing sheets. The four men.
through Attorney NJ. J. keane. filed a
demurrer to the Indictment. alleging
| that 1t was defective in failing to aver
that a horse race was actually run, on
which the bets were made.
Demurrer Is overruled.
Chief Justice Covington overruled the
demurrer, and held the indictment to
be valid. He said he was constrained
| to hold that the allegation that a race
was actually conducted was not a
necessary ingredient of the indictment
He suggested that bookmaking could
as well be conducted on a fictitious
race just as bucket shop" gambling
| is done where the sales OF stock are
| not made.
Assistant Attorney General Harvey
| ment wished to drop the Indictment as
| far il charged John J. Kelly with
setting up gaming table. Mr.. Given
explained that Mr.. Kelly was found in
! investigation showed that he had just
arrived from New York that day and
| was merely paying a visit to his friend.
Sullivan. The court directed a nolle
pros as to Kelly.
Sullivan. Eicholz and Short then
entered pleas of guilty and were each
sentenced to paw a fine of $500 and to
| serve three years each in the peni-
tentiary. The imprisonment in each
case was suspended and the fines paid.
Says Practice Continues.
Mr.. Given than suggested to the court
that a like disposition might be made
in the case of persons now under ar
rest for the crime, but not yet indicted
There were some of these, he said. who
appear not to have taken warning
from their arrest and against whom he
has evidence that thev have since con-
| Quoted handbooks. In these latter
cases. Mr.. Given said. upon conviction
or even on plea of guilty, he would
| feel constrained to ask the court for
straight penitentiary term.
In commenting on the crime of horse
race gambling the chief justice de.
| clared ne could not sufficiently estimate
it's baneful influence on public morals
| and on private character Inevitably
he declared. the bettor on horse races
is tempted to become a defaulter and
to squander his money and sometimes
to render his family destitute He re.
ferred to the awakening of the people
generally to the appreciation that
gambling is pernicious crime, and
cited the case of New York state
where racing once ran from early
spring until late in the fall. This rae.
ing had been driven out of New York
largely because of the gambling con-
nected with il. he suggested. and such
gambling should also be eradicateC
from Washington.
without prejudging any future case
that after this warning such offenders
could not expect to be dealt with
leniently.