Not A Crime To Make Bet Memorandum., Daily Racing Form, 1908-07-17


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NOT A CRIME TO MAKE BET MEMORANDUM New York July 1C If it is not a crime to make a bet it certainly cannot be a crime to make a memorandum of a bet that has been made madeThis This terse decision of Magistrate Wahle sitting In Jefferson Market police court Tuesday in the case of Charles Mahoney manager of the Hoffman House bar and Nelson Ilerzog practically settles the difficulties bettors have been experiencing of keeping track of their wagers wagersMahoney Mahoney and Ilerzog were arrested in the Hoffman House bar room last Friday by detective Clare of the City Detective Bureau Mahoney had just ac ¬ cepted a wager of his friend for 00 30 straight and 30 place on Enfield in the fifth race at Brlglv ton tonThe The detectives making the arrest got in a little wrong on the matter and thus completely upset their own case although it would have made no difference in the decision They thought Mahouey and Ilerzog were making the bet whereas Mahoney was simply accepting the money from Ilerzog to be handed to a third person personMembers Members of the district attorneys office here are yawping for sympathy and pretend to think that the bookmakers are trying to work up sentiment In their own favor by deliberately creating situations in which if the police make an arrest the officers arc found to be in the wrong In this they are said to be following the policy pursued in the case of Melville Collins the former bookmaker where the evidence was made by track employes and was of so scanty a nature that the Supreme Court bad no alternative but to dismiss the case This was then heralded as a victory for the turf interests interestsIt It is reported that several of the men pounced upon have purposely borrowed money before wit ¬ nesses and have taken an opportunity to pay it back at the track while collected in groups If the police arrest them they can prove that the money was borrowed and thus raise a clamor about need ¬ less persecution

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