New York Test Case Near Decision.: Case of M. E. Collins Argued Before Judge Bischoff by Eminent Lawyers., Daily Racing Form, 1908-06-27


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NEW YORK TEST CASE NEAR DECISION Case of M E Collins Argued Before Judge Bischoff by Eminent Lawyers New York June 26 Justice Bischoff reserved his decision in the antibetting test case which was carried up to him today through the rearrest of Melville E Collins a bookmaker and the application for his release on a writ of habeas corpus and iii structed counsel who argued lie case before him to submit their briefs on Monday Collins had been discharged on Thursday by the same juuge becaus of a technical error in the first commitment commitmentJohn John B Stanchtield and Delaiicy Nieol argued th case on bclialf on the racing interests and Robert II Elder acting district attorney of Kings County appeared for the people Mr Stanchfield attacked flu constitutionality of the law and argued that the taking of a 5 wager by Collins on the credit system and without recording the same was lawful even under the antibetting law Mr Nicol argued that the making of wagers was not criminal Mr Klder in his argument upholding the constitution ¬ ality of the law quoted Mr NI col now appearing for the racing interests to show that the framers of the constitution meant to abolish all forms of gambling when they inserted the clause enjoining the legislature to pass suitable laws to prohibit gambling Mr Elder read from a speech made i y Mr Nicol before the constitutional convention in which Mr XIcol said What we want to do is to condemn all kinds of gambling Jtookniaking and everything else We want your honor to under ¬ stand that the place where this transaction occurred is not in question said Mr Stanclifield The fact that the transaction took place iu an Inclosive known sis a race track cuts no figure We agree Mr Elder said that the place Where the transac ¬ tion occurred is of little or no significance We contend that if the money had been passed in a parlor or that if the bet was made by amateurs it would have lKen a crime crimeIn In the states of Arkansas Iowa Kentucky Mas ¬ sachusetts Michigan New Hampshire New Jersey New York Tennessee Texas and Vermont the courts have decided that betting for drinks was gambling nnd various states held that bets made for drinks oysters cigars and watches were gam ¬ bling The court addressing Mr KIder asked Do you hold that a postmaster if he receives a letter for another person which he knew to contain moner for a bet was violating the law by deliver ¬ ing the letter letterMr Mr Elder said that he would not care to express an opinion on that point pointChief Chief Judge Cullin of the Court of Appeals as late as 1003 held that the making of a wager was not a crime paid Mr Nicol NicolThe The late lamented Judge Brady also held the same view in the Todd case he added

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