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NEW YORK HABEAS CORPUS CASES DEFECTIVE Jfevy York June 25 The habeas corpus suit to teat the validity of the antibetting law on the ques ¬ tion of the right of individuals to make verbal bets at the race tracks ended today before Justice Blsch off in a special term of the Supreme Court in a technical fizzle By reason of a decison of the Court of Appeals cited by acting District Attorney Elder t4necour sustained Mr Eider in the contention that the proceedirigs were Irregular and discharged the prisoners irelyllie Collins and Joseph Lbewy Th ej ri to tfest the validity of the betting laws failed lierBtte j Wtllri jpeiancyj Nieol join R Stahchfleld and tc pi l It 5arrj counsel for the prisoners ah jStuiced ibat they were jeadjjTto proceed with the fifliineiif Mr Eliler sprang V surprise He told HKS court that there wasnd use In liroceediug with and if lie consented to argiic the cases that he feared the Court of Appeals would do as it did in a previous case hold that the commitments were illegal and the question of law involved could not be passed upon in vlow of the defective commit incut incutIt It was a victory for the defendants but was un ¬ satisfactory to the counsel for the Jockey Club They announced that when new arrests were made the proper commitments would be made so that the law could be tested Corporation Counsel Pcndlcton who will on Monday personally argue before Justice Blanchard against the continuance of the injunction order secured last week by the Coney Island Jockey Club restraining Police Commissioner Blughain and the police generally from interfering with its busi ¬ ness at the race track and from arresting and in ¬ terfering with persons not actually violating Uie law was present and listened attentively lo tuo proceedings
