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DECISION IS IMPORTANT TWO MEN CHARGED WITH BOOKMAKING IN NEW YORK GO FREE. Judge Dismisses Charges on Recommendation of District Attorney oi Nassau County, Whose Interpretation of Law Clarifies Betting Situation. Niw fork, May 15. — ls.v the illnml— 1 of charges against iTank Flood and Francis Fox, the situat lias been cleared in regard t« the kind of speculation thai •rill Im allowed at Belmont Park when tin-racing opens 1 1 k-i ;■ ue May _K. These men. win iii- well ko»wn as followers of the races, were ■ iii -1 1 1 ;ii tin- Rockawaj limning Clubs ineci.iig .M Hewletts Lav Park uu Ma.v _. charged iih via I a linn Ihe xi1 Isiokinakiug law. The cases miif up tot hearing before lattice Reisig .n Lynlsruok, ami ii was at i J i • - suggestion of District Attoruej io -iig-.1. Smith 01 Nassau Ci.umv thai in.- |»risu_ers wiii 1!; charged. Tin i!iM!i.-i attorney appeared to l»- well posted on the Ian ;is Interpreted bj various courts which ■ •. 1 ■•ii- idi i . .1 similar alleged violation! and quoted from ili-i-i-inn- in im- cum h! a. ; ■ i .-.i i .- 11: support ■•I in- - i.iifiinii! thai ii was 11- -l — .-. tu proceed SiUSI I led am! I n. :l- .1 .-•■■tv lili-.ll. If secured, I llil In- II]. 1. 1-1. 1. 1 in charge againsi I im .1 was the laying of odd* hi. 1 tin :•!•. 1 ii 1 written u.. .n..rai..la fr bet tors « ii 1-I1 m 1 • ii .11 1. • 1 ..n him u !■• n Ue was arrested. 1 " a ■;. cbargtd v. ill taking ■ fen mil wage nd reeeiriug payment aftei the races foi bets made dm 1 ug 1 in- d.u . District Ainnm-v Smiiii 1.: Xassaa • County, in i !•• 11.1111 niliii!, that lii«- charges against !"b..ni ami I u ii. ili-mi-iiI. reviewed the ease as follows: "Alter .-in exhaustive examination of the legal literature of the State of Sew Jfork Inarm, on the question ni 1 kmaking, I .-mi convinced that dj iiiuu- has in 1 11 coniniltted in this raae, not caa anj crime be siiellcd out from the facts .is testified t-here Iu in- witnesses in the ease. The Lichtenstein ui«e ill-run s hoo_maklug. bat the facts in ii:.- Lain I. : ii-l: -;isi mi- more nearly analogous to tie- case in 1 im. In tuls case mi alleged bookmaker charged ■-.ili :i crime ander substantially ilii- same conditions as in the rase :ii the bar. wns betd not gailty of ilolattug rln law. I therefore recuranieud thai j 11; IIiiit ilis;ni-s tlie charge aad discharge t.. -defendants." The ii-m jiiiiiiiv showed that Flood mid l-"o n:-tended the Roekaway Haatiag Clubs races and made Ih-i wirli nnmerous friends, always keeping ntthia 1 In- cosines of Hi" Sriulder decision in the Shane case. Flood and Iux. with no paraphernalia, 1 i-.-ih programs, quoted 1 dds and accepted n:"il wagers. in raaaj inatancca these wageta were written down by the persons who made them, and the memoranda were turned orer to the two layers. Wl.in the alleged bookmakers were arrested bunches oi these cards or lins were foaad la their pockets. The si-ei-iiii charge against Flood w.-is the laying nl odds mid iln acceptance of written memoranda i 1 1 mi bettors, while Fox was a erased of taking cash in payment of wagers after the races. When the eiisi-s wiii- called. District Attorney Smith told t.ie i-oiiii tli.it in Floods case no crime had been committed, thai Flood bad legally laid odds aad made mill wagers, that bettors who wrote down the terms of those aragera were not amenable to the Ian and thai the acceptance of these cards by Flood did not constitute Kiifflcienl evidence of crime :■• take h.r matter before the grand Jary. Kelinoiii Park is in Nassau Oonntj.
