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TEST CASE UNDER ADVISEMENT. Betting at Suburban Park Arranged with View of Attacking Validity of Locke Law. New Orleans. La.. May SB.- The case of Eddie Austin, charged with violating tin- Locks law relative to betting on horse races in the capacity of operator of a betting book, was tried late Friday in the District Court at Gretna. Judge I-Teury took the matter under advisement after the case had been submitted on an agreed statement of facts. Judge Fh-ury refused four special charges by the defense. Austin appeared at the bar represented by attorneys Ernest M. Conzelmann and L. II. Oosserand. District Attorney Bivarde conducted the case for the state. The former plea of not guilty was withdrawn and the defense asked for a bill of particulars, which the state presented following tin hours recess of the court. In it were recited the facts as they were reported in the Times --Picayune last Sunday, as having occurred at the Suburban Park, where the test case was arranged Saturday. The accused is charged with accepting bets on various horses, the men with whom he made the bets writing the names of their horses in the race on slips of paper with the odds given them by Austin on request. The latter also made bets with others in n manner similar to those who had made bets with him. iie acting in the capacity of the receiver us well as the maker of bets. Demurrer of Defense Overruled. A demurrer was filed by the defense and overruled by the court. The argreed statement of facts is briefly: That Austin is a professional racing man: that he walked at will or stood on the Suburban Park grounds with a racing program and money with which to bet, though not posting or writing any odds on his program, nor crying out or soliciting betting; that Frank Hart asked him if he would bet against Walter McKiuney, and, if so, at what odds, to which Austin replied that he was betting two to one against the horse; that Hart then wrote his bet on a slip of paper, profering 0 to Austin, who accepted the money and slip; that Austin took several other bets on other horses in the race, but refused to accept any on Derby King, saying he was betting on that horse himself, and that he made several bets on that horse; that after the race Austin paid off the persons who had bet on the winner. Walter McKinney, taking a receipt on the bettors original slip of paper and that the program was submitted as evidence in the case was one used by Austin, who had purchased it from the association conducting the races.
