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FOLLOWS JUDGE GAYNORS DECISION Now York September 2 Citing a decision of Mayor Gaynor when he was a justice of the Supremo Court in 1OS which makes distinction l etwoen com ¬ mon gambling and the friendly bet not a crlino whether made in your parlor or on a golf links or a race track Magistrate FreschI yesterday dis ¬ charged David Braun a tailor of 100 East Fifty first street Hrann was arrested in West Thirtieth street on August 9 for what he said was a wager between friends Detectives called It running a handbook on the street corner