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IN THE COURT OF LAST RESORT. In the •■advance in forma tiou" cases liefore the New York Court of Appeals Assistant District Attorney Cider represented the people, while Joseph S. Aucrbach and William C. De Witt appeared for law defendants. The casts were on appeal from the order of tie Appellate Division affirming the County Court of Kings County in sustaining a demurrer to tin- indictment. Mr. Elder iu his argument contended that the advance information slip, containing the names of horses and jockeys, together with the mights for each race, was "a gambling device pure and simple, as it was sold to liookmakers to aid them in Heir business." Lawyer Aucrbach said thai a gambling device was something tangible and that a common gaaaMef was one who had a device used in a gambling lioii.se onlv and not on the street of elsewhere. Mr. Aucrbach argued that the publi-i.ition of the names of horses, jockevs. weights auJ Past p. 1 Tin aaaajc f 1 was no crime, and that some of the liiuspapers contained far more information of this nature than the advance slips.
