"TATTERSALL'S."

Press, Volume XLIX, Issue 14839, 3 December 1913, Page 6

"TATTERSALL'S."

AN ALLEGED AGENT.

DUNEDIN PROSECUTION FAILS.

(fIPEOUI. TO "THE PRESS.") DUNEDIN. December 2. At the Police Court this morning, Mr H. Y. Widdowson, S.M., gave his reserved judgment in the case of Joseph Isaacs, who was charged (1) that on Octobor let he allowed Tiis tobacconist's premises in High street to be used as a common gaming house; (2) that on October 10th he assisted in conducting a lottery; (3) that on October 10th he cold to Albert Raymond Forward a 5s ticket in Tattersalls's special "consultation" on the Melbourne Cup; and (4) that on October 10th ho received from Forward 6s for. a ticket in the lottery stated. J

After reviewing the evidence, his Worship said he was of opinion that clauses (a) and (c) of section 41 referred only to lotteries, etc., promoted in New Zealand. Clauso (b), however, specially enacted that that particular clause should apply to a lottery whether promoted in Now Zealand or elsewhere. The informations under clause (c), i.e., those for assisting in conducting a lottery, and for receiving money for the ticket must fail on the ground that the evidence was not sufficient to support a conviction. With regard to the information for disposing of a ticket, it had not been proved that defendant was an agent for Tattorsall's. The ticket cost ss. and the conetablo who gave evidence said that the extra Is paid by him was, he understood, fo.r defendant's expenses. It was explained by defendant's counsel that the 4d went for sta-np duty on the ticket and postage, and 8d for defendant's commission. That was not the case, but there wn« no evidence upon this point. From the evidence given, it appears that the defendant wa-s the purchaser's agent rather than otherwise. However, it could not be hold that what was done in this case amounted to a rule on the disposal of a ticket by the defendant With regard to the fourth charge, that he was using his shop as a gaming house, to support a conviction under section 4 it had been held that this must bo something more than merely an act of the user. The informations would, therefore, be dismissed.