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SHANE CASE IS APPEALED APPEALEDNew New York October 28 Notice of an appeal has been made iu the case of Paul Shuno who was recently acquitted on the charge of bookniaking dur ¬ ing the spring meeting of the United Hunts Racing Association at the Beluiout Park Terminal course Slnine was arrested June C and the ruling of Justice Scuddcr was on a writ of habeas corpus that was sued out by Surrogate John J Graham Shanes counsel Shane had lieeu held by Justice of tho Peace Charles F Gictins of Hcmpstead L I and the writ of lml c s corpus was sited out by Surro ¬ gate Giaham before he went to trial trialIn In the decision Imndcd down by Justice Scudder it was found that Shane had violated no law His decision also set forth clearly that individual betting was not a crime He further ruled that the direc ¬ tors of the racetracks could not be held criminally liable for acts of their patrons of which they knew nothing nothingIt It was anticipated that there would he an appeal of the case and the action of Assistant District Attorney Charles T McCarthy is Iu no sense n surprise surpriseAa Aa effort will be made to have the matter brought before the Appellate division just as soon as pos ¬ sible and it is hoMd tiiat there will l e a final and decisive ruling on the law In the meantime the Sgudder decision has made it possible to conduct nice meetings without the fear of arrest that pre ¬ vented many race track directors oinng their gates i iIf If the ruling is sustained bv the Appellate DIvJs inn and subsequently by the Court of Appeals there may 1m some permanent relief for the racing in tercstg
