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CASES WERE TOO WEAK TO PROSECUTE. New York, December 2G. Tlie .dismissal of tJU Indictments found against eighty-eight persons ny the Kings County grand juries duririjt the anti-racing campaign of the first Hughes administration by Judge Dike in the County Court in Brooklyn this week followed the failure of the district attorneys pthce to make out a case against one of the men indicted, this case being considered the strongest that the district attorney had. Among those named in the batch of indictments were the Brooklyn Jockey Club and the Coney Island Jockev Club. All the Indictments were found during the term of John F. Clark, district attorney during 100S and 1909. In cleaning up the cases left over from the Clark administration. District Attornev Cropsey came upon the batch of anti-racing indictments. These were left until an opportunity was found last week to try what was considered the strongest case. The defendant in this case was Emmanuel Diamond, who was charged with keeping a lwok. He was arrested at the Gravesnd track four years ago. This ease was tried before Countv Judge Hylan. After the peoples evidence was ail in. Judge Hylan instructed the jury to acquit Diamond, ruling that the district attorney had failed to make out a case. Tlie case was tried by Assistant District Attorney Warbasse and apparently was made to test the strength of tlie prosecutors evidence. With the failure of the case against Diamond, Mr. Warbasse brought the other indictments up before Judge Dike and made a mothm that they be dismissed. Judge Dike made the order as requested.
