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ATTORNEY ELDER PAUSES TO SEEK LIGHT Agreement Reached to Send Test Cases to Higher Court for Adjudication AdjudicationNew New York August 13 The impending trials of persons under jirrest for alleged violations of the antibetting laws tit ihe extraordinary term of tlie Supreme Court called by Governor Hughes will not take place This unexpected situation developed today when Acting District Attorney Elder an nounccd that an agreement had been reached to take the cases against the officials of the Brighton Beach track direct to the appellate division of the Supreme Court for an interpretation of the new law lawThe The persons against whom the indictments were found are William Engeman owner of the Brigh ¬ ton Beach race track Christopher Fitzgerald presi ¬ dent of the Brighton Beach Racing Association and 1 G Cavanagh former superintendent of the betting ring The charges against them were of conspiring to permit common gambling on the grounds of the Brighton Beach Racing Association AssociationAsked Asked in regard to the trials of the thirtyeight men arrested charged with bookmaking fo whom a panel of 150 talesmen had been summoned for August 25 Mr Elder said that they would not take place He said that Supremo Court Justice Rodgers of Watertown who bad been designated by Governor Hughes to hear the cases was now pre ¬ paring an order vacating the extraordinary trial term that had been arranged by the governor Mr Elder added that the special grand jury would convene on August 25 as arranged but would not take up any race rack cases casesUntil Until the appellate division of the Supreme Court decides on what is a bet in the meaning of the law Mr Elder will give the bookmakers and race track men a rest Decisions by Justices Blschoff Gaynor and others as to the intent of the antiracing law has decided Elder to find out definitely where he stands before pushing the indictments already found
