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MDTUELS NOT A LOTTERY CANADIAN JUDGE UPHOLDS LEGALITY OF P ARI-MU TUEL METHOD OF BETTING. Suit Brought Against Ontario Jockey Club by Disgruntled Bookmaker Completely Collapses When Taken Into Court. Toronto. Out., October S. The prosecution of tho Ontario Jockey Club by former bookmaker John Scully on the charge of maintaining a lottery iu the form of a pari-niutuel betting system at Woodbine came to a quick and complete collapse when taken into court yesterday. It was heard by Judge Morgan and a jury in the General Sessions, and Scully was the only witness on his side. All the facts were admitted and no evidence was needed In that regard, the club contending that what was done was legal and known to be so. Counsel for the defense gave Scully an uncomfortable time when cross-examining him as to bis motives in bringing the suit. It was suggested by counsel that he was actuated by motives of revenge, because he is regularly ejected from every Canadian Racing Associations track on which he is found and because the Canadian Racing Associations Is endeavoring to collect from him the 00 he owed for cost In his unsuccessful suit for damages. Scully claimed that he was acting iu the interest of the public. Judge Morgan ordered the Indictment withdrawn from the jury and a verdict of not guilty entered. He said there was nothing in the case to bring it under the lottery act. There was no disposal of anything by lot and the machines were simply registering or recording instruments. The court refused an application for a reserved ease for appeal, as this was a private prosecution and not brought by the Crown authorities. Little interest was taken by the public in the case, as it was known that the Ontario Jockey Club has the strongest possible assurance of its iiosition before the system was Installed a couple of years ago and the result was a foregone conclusion.
