Test Of Directors Liability Law.: Conference of Reformers and District Attorney Wysong May Result in Court Action., Daily Racing Form, 1913-07-03


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TEST OF DIRECTORS LIABILITY LAW Conference of Reformers and District Attorney Wysong May Result in Court Action New York July District Attorney Charles X Wysong of Nasau County was closeted yester ¬ day for several hours with the Kev William Sheafo Chase Samuel Maicus and Superintendent Harbour all of the Society for the Prevention of Crime The object of he visit of these persons tj Miueoli was to present to the District Attorney a mass of socalled evidence to show that gambling was going on at thy races at Helmont Park It was urged that the District Attorney should take aclitm against the directors of the track under the Di ¬ rectors Liability law This would mean that urn of the directors of the Wcstchystcr Hacing As ¬ sociation would be arrested and held imdw the charge The burden would then be upon the shoulders of the District Attorney to prove that Section I73 of the Penal Law had been broken This section is in two parts No 1 reads The offense of being an officer of an association who keeps an enclosure used for gambling No 2 The offense of being an agent who knowingly lets or permit the same to be used usedWhether Whether this law is constitutional or not has nwver been tested It became operative nil Sip teniber 1 110 In the Paul Shuno case although the question of directors liability was not before the court so far as the charge against Shane was concerned Justice Scudder in his remarks said saidWhile While ignorance of the law is in general no defense the maxim is not true where the actual criminal intent Is an essential element of the crime and knowledge of some collateral fact is essential to the existence of such an intent intentMr Mr Marcus is quoted as follows Our confer ¬ ence with Mr Wysong was satisfactory and we think that after he has thoroughly gone over tin evidence which we have placed in ills possession lie will at once begin an action He wenis to have a fair attitude in the matter and we will help him all we can canMr Mr Wysong made the following statement I have been in consultation with three members f the Society for the Prevention of Crime and the result of that interview cannot be learned for soiit days They have submitted to me a volume of evi ¬ dence which I will go over carefully we have also gone into the situation thoroughly and dis ¬ cussed it from every standpoint I do not think there is anything in relation to the gambling that we have not talked about When 1 have gone over Hi matter as they have submitted it to me if I think the evidence so submitted Justlttfs it 1 will proceed under the directors liability law hut if the evidence is to my mind insufficient I will ask the society to secure that which Is necessary 1 think that it will require about fifteen witnesses according to the testimony submitted submittedCanon Canon Chase was at Belmont Park on Satuiyiay last witli five detectives from the McClennan De ¬ tective Agency but no one could be found who had made a bet with any of the detectives The Canon was again at the track on Monday but was not accompanied by the detectives There was no open betting and no one could make a wager of any size unless he was well known knownWord Word was received from Albany that Gov Sulzer lias no intention of recommending to the extra ses ¬ sion of the Legislature amendments to racetrack gambling laws such as suggested by Assistant Dis ¬ trict Attorney Wysoug The Governor is emphatic in Ids declaration that no more legislation is ne ¬ cessary anil that gambling on the racetracks could be stopped if the present laws were fully en ¬ forced

Persistent Link: https://drf.uky.edu/catalog/1910s/drf1913070301/drf1913070301_1_4
Local Identifier: drf1913070301_1_4
Library of Congress Record: https://lccn.loc.gov/unk82075800