Indicted Racing Officials Paroled.: Arraigned and Plead Not Guilty--Motion for Immediate Hearing in Other Cases Denied., Daily Racing Form, 1908-07-23


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INDICTED RACING OFFICIALS PAROLED Arraigned and Plead Not Guilty Motion for Imme ¬ diate Hearing in Other Cases Denied New York July 22 William A Engemap princi ¬ pal owner of the Brighton Beach track Christopher J Fitzgerald president of tlie Brighton Beach Hair ¬ ing Association and John G Cavanagh who ban charge of the privileges at the track were arraign ¬ ed today before County Judge Dike lu Brooklyn and pleaded not guilty to indictments found yesterday by the Kings county grand jury charging them with living common gamblers in violation of the new antibetting laws Through their counsel Charles II Hyde they waived the reading of the indict ¬ ments and Mr Hyde asked the court to release his clients on parole in his custody Assistant Dist ¬ rict Attorney Hobert H Elder opposed the request and asked that the defendants be placed under bonds Judge Dike said that the difference be ¬ tween 1000 bail and parole was so small that he did not see any necessity of insisting upon bonds He then liberated the defendants in accordance with their counsels request When court opened the throe defendants were not on hand and Judge Dike expressed surprise Jacob Eilperin who had been their counsel in the police court proceedings was present and said he would have his clients In court forthwith Judge Dike angrily said he had been particular in saying yesterday that he wanted them to be in court oarly A1 out half an 3iour later the three men appeared accompanied by their senior counsel counselIn In the Supreme Court Judge Scuddcr denied a motion made by attorney Jlticob Elperin for a per ¬ emptory mandamus compelling Magistrate Tlghe to grant an immediate hearing to tlie twentytwo men whose cases are still pending before him on charges of violation of the antibetting laws Mr Eilperin argued that the criminal cmle specifically directed that all persons arrested should have an immediate hearing and that In the cases of Ids clients post poiiejncnt had followed postponement with resultant injustice to those affected Acting District Attorney Robert II Elder denied the contention of Mr Eil ¬ perin that the sections of the code In question were mandatory and said that the magistrates calendar was crowded and that earlier cases had the prefer ¬ ence Mr Elder concluded by saying that as all the men were out on ball they were not objects of commiseration commiserationGeorge George II Smith the founder of the Personal Liberty League and J G Cavanaghs chief race track assistant was subpoenaed today to appear before the grand jury for examination tomorrow This is tlie second time Mr Smith has been called upon to go through that ordeal ordealIt It Is conjectured that It was upon the testimony of Leo Ullman O A Jones Captain Jackson John Boden 15 Reydall E B Watigh S J Couklln C B Kendall M J Currie and G H Smith that the grand jury of Kings county indicted Messrs Fitz ¬ gerald Kngemaii and Cavanagh CavanaghMore More details concerning Fitzgeralds Engemans and Cavanaglfs Indictments have become known They were jointly indicted as common gamblers in being tlie owners and agents of a gambling device styled Advance Information which was described as a sheet of paper bearing the names of horses en ¬ tered for a trial of skill and endurance and circu ¬ lated in order to aid and abet bookmaking and the milking of odds and wagers wagersIn In the Coney Island police court today magistrate VoorhecM discharged William Dultois the Brooklyn bookmaker who had been arrested Julv 15 at he Brighton Beach track by deputy sheriff Farrell frr taking an alleged bet Henry Hoffman W J Heeney and John Buckley three other bookmakers who had been arrested the same day by detective Ma thews upon similar charges were also discharged The magistrate lield that in each instance the evi ¬ dence was insullicient to prove a violation of the new law

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