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NOT GUILTY OF BOOKMAKING New York Judge Dismisses Case Brought Against Belmont Park Bettors New York Juno 21 County Judge James P Nie inanii sitting as a committing magistrate at Mlne ola L I dismissed today the proceedings brought by District Attorney Wysong against live men whom Burns detectives in the employ of the New York American charged with bookmaking at the Itelinoiit Park race track In a lengthy opinion Judge Nie nianu held that no evidence had been presented to show that the men were guilty of bookmaking though detectives made bets with them themThe The question to be decided lie said was whether or not the facts stated by the witnesses give ground for the belief that these defendants have been guilty of the crime of hookmaking within the meaning of that term as used in section 98G of the penal law lawThis This he held had not been done He quoted t length from an opinion by Supreme Court Justice Haight in which he defined bookmaking and held that he showed a bookmaker to be one wiio made bets by a system and as a business and had a clerk who kept a record of the bets and the num ¬ bers of the bettors as shown by their racing admission badges The IlartAgnew law he said had not changed the status of iKiokmaking much though now it might be divided into two classes written bookmaking and oral Ixxikmakliig The former was prohibited by the HartAgnew law and the latter was not Oral ookmaking was pro ¬ hibited by a later amendment however and is as illegal as written bookmaking bookmakingIt It may be oral bookmaking if that term be em ¬ ployed that is iKKikmaking without writing but the evidence must show that the accused person belonged to that class of gamesters whose operations are conducted uK n the scheme known as bookmak
