JUDGE REFUSES THIEROFF PLEATurns Gambling Case Back to Mayor for Execution of SentenceExecution of the sentence against Loren A. Thieroff, 27, found guilty Sept. 4 by a jury in mayor’s court today lodged with Mayor Joe C. Krutsch after Common Pleas Judge D. F. Open-lander announced that he overruled the motion, filed by Otto W. Hess of Napoleon, Thieroff’s attorney, for permission to get into the higher court on a petition in error.Mayor Krutsch consequently awaited formal notification fromJudge Openlander before acting to have carried out Thieroflf’s sentence of 60 days in Toledo workhouse, and $50 fine on top of $57.90 costs.Thieroff. under $300 bond pending outcome of his attempt to get into the upper court, was one of seven Defiance men arrested Aug. 21 when city police raided the rooms of the Fifth Street Recreation club in the basement of the Lianos Brotherspoolroom.Judge Openlander today hadwritten Attorney Hess of the adverse ruling.Other Cases WednesdayMeantime, cases of George Snider, Gret Switzer. Glen Steele and Wilbur Steele, charged with gambling after the raid, are docketed for hearing next Wednesday under a continuance granted when Thieroff decided to seek a hearing in the upper court.Mayor Krutsch and Solicitor W. C. Rivers today awaited wordfrom Attorney Hess.Everett Faulk, another of the alleged gamblers, pleaded guilty at the original hearing and was fined $10 and costs.Nick Lianos, in whose rooms the Alleged offenses were commuted. is under a charge of permitting gambling.Rejecis Hess ArgumentJudge Openlander said today the only serious question involved was relative to the need for a charge to a jury in mayor’s court, indicating that he supported the lower court on all other points brought up by Thieroff’s attorney.The judge, however, declared that he believed the statementsof attorneys both for the defendant and the city covered the necessary points of a charge in their remarks in selecting thejury and during their argu-V 4/ments.The ruling came after attorneys had filed briefs.BRICKER BET BEGGINGColumbus, Sept. 19.—A $5,000 bet cn John W. Bricker was going begging here today because no one would cover it with $7,000on Governor Davey. This was the only big election money reported offered. No money has