Alleged Bookmakers All Acquitted, Daily Racing Form, 1915-11-19

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J il . . " s !! ]" * -j N I I I I I s 1. •t • • e II e ALLEGED 300KMAKERS ALL ACQUITTED. Mlneola. L. I.. N. Y., November Is— On the ground that no evidence had been pr diteed to MM that the six men before him were professional yai.il -e lers. county judge James P. Niemann yesterday directed a jury to bring in a verdict of not guilty. Am six men were the last of tlie twelve arrested in May at Belmont Park by deputies of Sheriff P--ttit. charged with quoting odds and taking bets on Mm races. The cases of the other six had been disposed of some time ago. none of them being convicted. Those arraigned yesterday were Joseph Mulligan. Edward Salmore. Richard Weldon. Frank Nolan. J hn L. McManns ami William Gargac. A jury was drawn and witnesses for the state told of tb-- arrests. William Mills of counsel for the six me!, then asked that the cases ayains; his clients be dismissed. Judge Nienian directed the jury to bring in a verdict of not guilty. The indictments charged violation of section .ISO of the penal law. which prohibits liookmakin-.. ••whether with or without writini:." The firs vise called for trial was that of William Gargan. Ill opening bis case to the jury District Attorney Ij-wis J. Smith stated that lie expected to pron-. but there was nothing in all he said, to indicate thai lu- would show the defendani had l«- -ii found soliciting odds. Judge Niemann therefore entertained the 1110- tion of counsel for Gargan to dismiss the indictment and the defendant was discharged. As the other indictments were on practically the same testimony. Mr. Smith moved that that they 1-e di missed, an he did not care to put Nassau County to the expense of trving the defendants. His motion wa ; granted and the five other indictments were dismissed. It was made perfectl.N plain that such cases would not hold in Nassau County, in the face of a Court of Apix-als decision iu the case of the People vs. Lainbix. 2tM N. Y.. that the mere re- ceipt of a memorandum by the defendant, did not constitute liookniakini:. Sheriff Stephen Pcttit has been unable to locate anyloxl.v answering the- nanus of ihe three men. for whom be still hoi. Is lieii.h warr.ints op a Mmilar charge.


Persistent Link: https://drf.uky.edu/catalog/1910s/drf1915111901/drf1915111901_1_10
Local Identifier: drf1915111901_1_10
Library of Congress Record: https://lccn.loc.gov/unk82075800