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IMPOBTANT IMPORTANT RACING DECISION DECISIONThe Decision The Jockey Club has won its test case for the purposes of PercyGray Percy law definition The issue was squarely met and decided last Thurs ¬ day in the Appellate Division of the Supremo Supreme Court Judges Van Brunt Barrett Barrette Rumsoy Rums and GBrieu Brie sitting the decision of Justice Ingraham Digraph ordering the discharge of Samuel B Lawrence presid preside presidat presidia at of the Westchester Esthete Racing Associa Asocial ¬ tion ion and Joseph Sturges Surges a clerk in the employ of Orlando Jones a bookmaker chargnd charged with violating SfciUiis Facilities 323 351 and 352 of the penal code was affirmed in both instances instancesOn instances On March 20 the case was argued on an appeal taken by the District Attorney from the decis deceits ison bison of Justice Ingraham Digraph and discharging the dotdndants dominants who were arrested at Morris Park on October 24 1895 The specific charge was contriving or assisting in continuing a lottery Justice Rumsey Ramsey in rendering the decision up ¬ hold Justice Iiigraham at all points Ho said that the contention cannot be maintained that racing horses for a stake is a lottery and on the facts of the case the defendants cannot have been guilty of any of the acts which are forbid ¬ den by those sections of the code prohibiting lotteries In the case of Sturges Surges charged with violating Section 351 of the penal code Justice Rumsey Ramsey said it was clear that he was not guilty of bookmaking and that ho did not occupy any place on the grounds for the purpose of record ¬ ing King bets within the terms of the section named The only thing ho did was to record bets betsMr bets Mr Lawrence was held guilty in but one tiling under the facts that of aiding and abetting racing of horses for a stake or wagers as for ¬ bidden by Sections 351 and 352 of the penal code and both Lawrenceand Lawrence Sturgos Sturgis are liable and only in the civil penalty provided by the Percy Gray bill
