Mahoney Guilty Of No Crime., Daily Racing Form, 1908-08-13


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MAHONEY GUILTY OF NO CRIME New York August 12 The Justices of the Court of Special Sessions handed down a decision today which makes betting in the hotels either on the races on the election or on anything else so long as it is between individuals permissible and en ¬ tirely within the law The decision also states specifically that the stakeholders in such bets can ¬ not policeThe be molested by the police The decision which was written by Justice Hoyt and concurred in by the others was the result of the arrest on July 25 of Charles Mahoney manager of the Hoffman House cafe after he had accepted SCO on a bet made by iNelson A Herzog to be placed on a horse named Knlield at Brighton Beach The decision says that Mahoney was guilty of no crime and dischargedThe he was accordingly discharged The decision says The saysThe obvious intention of section 351 of the penal code is to prohibit the business of bookmaklng op poolselling and make any participation In such business a crime Mere individual betting un ¬ connected with the carrying on of the gambling business lias been tlccided not to constitute in it ¬ self a violation of the statute statuteThe The decision then cites a number of authorities including the opinion of Supreme Court Justice Gaynor in which the latter says An ordinary bet is not a crime whether In your parlor or on the golf links or at the race track nor is the making of a note or memorandum thereof but if you hold yourself out for bets and bet with all comers or generally or become a general recorder of such bets or of bets between others you are guilty of a crime

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