Jacobs, Eastwood and Bigelow. The opinion of the court was delivered by Eastwood, J.A.D.
Defendants, Ralph Carbone and Loretta Franze, appeal from a judgment of conviction in the Essex County Court, Law Division, of the crime of conspiracy to violate the bookmaking statute.
In substance, the indictment charged that Mrs. Franze agreed to rent her apartment located at 106 North Grove Street, East Orange, New Jersey, through Ralph Carbone, for the use of one John J. Kammerer, in furtherance of a scheme for the purpose of making book on horse races.
In the interest of a thorough understanding of the facts of the case, a chronology of events is presented, in which particular attention must be paid to the characters whose names change with the scenes in this drama of life in the underworld. One day, in the later part of June, 1950, in New York City, John J. Kammerer was introduced to a man
known only as "Murray" by one Moe Kalik, a man known to have been associated in the bookmaking business in New York. Kalik advised Kammerer to "Go with Murray to Jersey and he will get a phone for you." It was understood between the parties to the conversation that their purpose was to go to New Jersey to record bets on horse racing.
Kammerer accompanied "Murray" to a drug store in the vicinity of the trolley car barns on Main Street at or about the boundary between Newark and East Orange. While Kammerer waited outside, "Murray" entered the drug store and soon returned with a man introduced as "Ralph," alleged to have been Ralph Carbone, a defendant herein. After an exchange of pleasantries, "Ralph" asked Kammerer if he wanted to start that same day and received an affirmative reply with the explanation that he needed "only a scratch sheet, a pencil and some scratch paper." "Ralph" informed Kammerer that payments for the use of the phone were to be made to "Murray" and that the amount would be $150 for the first week and thereafter $300 on the first and fifteenth day of each month.
"Murray" departed and "Ralph" drove Kammerer to an automobile service station where he made a telephone call. He returned and handed him a slip of paper and advised Kammerer that his number was written thereon. That number was the telephone number of Loretta Franze's apartment, at 106 North Grove Street, East Orange, New Jersey. Kammerer called Kalik's residence in New York and left this "business number."
"Ralph" supplied Kammerer with the requisite tools of his trade, "a scratch sheet, pencil and some scrap paper," and drove him to Mrs. Franze's apartment. Kammerer was instructed to remain in the car a few minutes and then follow him into the building. In the vestibule, "Ralph" supplied him with two keys, one to the main entrance and the other for the entrance to the Franze apartment on the sixth floor of the building. They proceeded to Mrs. Franze's apartment where Kammerer was introduced as "Jack" and
Mrs. Franze as "Laura." "Ralph" explained the apartment layout to Kammerer and designated the table, telephone and radio to be used. Mrs. Franze was advised to give her telephone bill to "Jack" and he would pay it. "Ralph" left the apartment and was not seen again until he was identified at the trial by Kammerer to be the defendant, Ralph Carbone.
Thereafter, Kammerer occupied the apartment daily, except Sunday, between the hours of 11:30 A.M. and 5:30 P.M. He testified that he operated by receiving bets over the telephone from Kalik's customers; that a customer list was furnished him by Kalik before he left New York in the morning and that each evening on his return to New York he returned the list with bets recorded thereon to a man known as "Charlie," and that "Charlie" supplied him with the money to pay Mrs. Franze's telephone bills.
The State's case was in a large measure based on the testimony of John J. Kammerer. The persons who allegedly engaged in the conspiracy to use Mrs. Franze's apartment for bookmaking purposes were John Doe, representing "Murray," who allegedly introduced Kammerer to "Ralph," Murray's true identity being unknown; Ralph Carbone who allegedly portrayed "Ralph" and introduced Kammerer to Mrs. Franze and who arranged for the payments for the use of the apartment, furnished Kammerer with the keys to the apartment and who received payment from Kammerer for the apartment, and Mrs. Loretta Franze, who permitted her apartment to be used for bookmaking purposes, and John Kammerer. Kammerer ...