DISMISSED.

Press, Volume LXIII, Issue 19158, 15 November 1927, Page 4

DISMISSED.

GAMING-HOUSE CHARGES. GREYMOUTH PROSECUTIONS. (SPSCIAi TO IHB PRIS9.) GREYMOUTH, November 14. A large gathering of interested spectators, chiefly young men, assembled at tlio Courthouse to-day, when tac charges of keeping common gaming houses against several well-known Greymouth residents camo up for hearing. The- charges arose out of raids made on Tuesday last at the residence of James Hassall in High street, and a billiards room at tho intersection of Albert street and Mawhcra quay Hassall was arrested at his residence, and those arrested in tho billiards room include Alfred Henrv Chunn, James Bernard Heffernan, and fifteen men found on the premises. Mr W Meldruni, BM. was on "the Bench.' Detective H. C. Murch conducted the prosecution, and Mr J. W. Hannan appeared for the defence. James Hassall was charged with being the occupier of premises in High street used as a common gaming house. He entered a plea of not guiltv Detective Murch, who executed a search warrant, said he found in a whai-e at the rear of the house a wireless set and certain cards and telegrams winch he alleged were part and parcel of a bookmaker's stock in trade Witness said accused followed no other occupation than that of a bookmaker The wirelr was working in tho .whore during . , raid, and witness could hear the race meeting at Cliristchurch being sent out. When arrested accused had about £2 10s in his possession.

Witness then quoted several authorities to show that it was not necessarv tor the prosecution to prove that actual _ betting did take place on the premises, but only that they were used tor the purposes of betting, and there was, he submitted, evidence before the Court to prove that Hassall was a bookmaker.

lor the defence it was contended that all that had been put before the Court was evidence that certain materials used in the business of bookmakmg had been found on the premises. Localisation of betting on the premises must be proved. In the case of an unlawful game such as pakapoo or fan tan the finding of material used in those games would be sufficient to establish a prima facie case, but they wore not sufficient in the case of an alleged gaming house. The betting might have been done anywhere in Greymouth, but there was nothing to prove that Hassall used the whare ether than as his office.

The Magistrate: "There is no doubt that bets have been made. The telegrams show that they have been made, but there is nothing inconsistent with the fact that defendant has made bets for himself and other people; made bets with bookmakers probably. There is no evidence that ; toe actually did make any, although the telegrams would suggest that. There is no proof before the Court that he had laid wagers to any other people. No names are mentioned of persons with whom ho has made bets, and there is no evidence that the telephone has been used for the purpose of making bets by other people." The question for him to decide was as to whether on the evidence before him a jury would convict defendant. The evidence did not prove that, and the case was. therefore dismissed. Detective Murch: Does your Worship hold that there must be evidence as to the names of those who made bets on the premises? The Magistrate: I have given my judgment. Case Against Chunn. Alfred Henry Chunn was charged with keeping a common gaming house in Albert .street. Mr J. W. Hannan, who appeared for defendant, entered a plea of not guilty. . After hearing the evidence, the Magistrate said there was no evidence <■ of any actual betting having taken place, nor was there any evidence inconsistent with the fact that men went there to play billiards, watch others playing, or hear wireless descriptions of races. There was nothing illegal in that. There was no evidence that the men went there for any other purpose. The case was dismissed. Charges against James Bernard Heffernan of assisting in the keeping of a common gaming house and eleven men with being found on the premises were withdrawn by the police.