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DETAILS OF VIRGINIA DECISION. Norfolk, Va., April 7. The decision rendered yesterday by Magistrate Backus in dismissing the look-making charges against Fred Miller and William Hickey is looked upon as practically nullifying the anti-bookmaking and poolselling law of Virginia, which has stood as an obstacle"" against race course Letting for the last fifteen years. The point of the law which caused the racing men to triumph was that part of the statute which says that if a man erects a stand or booth and "occupies it for book-: making, or holds or stands in a specified place," ho is guiltj of setting up or maintaining a special place for gambling purposes. As -the testimony failed to prove that either Miller or Ilickey "occupied" a place or that there was any stand, box or other structure which they had "occupied." or that there was any special building maintained for book-making purposes, Magistrate Backus interpreted the law in favor of the defendants. He said that the word "occupied" was the crucial one in the law, arid that, in as much as Hickey and Miller had not occupied any "place," they were innocent of violating the. law. It was shown by the defendants lawyer that Hickey and Miller walked around the ground while offering odds, placing figures after the. horses printed names on the program. It is contended that the word "occupy" meant to hold possession of a place, and as Hickey and Miller were invited guests of the track they were not the "occupants." .Magistrate Backus held that the point was well taken and decided accordingly. There is no appeal by the commonwealth from this decision.
