TROTTING DRIVER'S DENIAL

Chronicle (Levin), 12 March 1946, Page 4

TROTTING DRIVER'S DENIAL

-Press Associciiinii

S.M.- RESERVED DECISION

Bii TdeUravh-

AUCKLAND, Mafch 11, An account of His movemeiits oh February 15, when it was alleged that Jie was found without lawful excifse in a dominoh gaming-houSe at 8 P arlington Land, tfrag givSn by AiHeft Wiiliatn Btoitghtori, a trotting di'iver, whfe^i tle case against him was cbntinlied bsfore Mr. F. H. Levein, S.M., this morhings Broughton told the Court that he left his home at 7 a.m. and went to the Epsofii tfSttihg ttabk aiid traiiied sohie hofses ufitii 11.30 a.m., when he left Ihe dottrse ahd weiit intb the ciCy. He had lunch at a billiard saloon and thbn did some shopping, after which he tetdrhed to the billiard saloon, leavihg sohie parcels in the offlce. He sat

around for some time, taikmg to tne proprietor, and then met some friends and weiit to ah hdtel in Victoria Str-eet West. He met his friends at about 2 p.m. - He rehiained at the hotel until Shdrtly bei'bre 3 p.m., after which he Went ihto the city again . to purchase some meat and greengroceries. Witness theii retulhed to the billiafd saloon tb pick up his parcels and thgn went to an Auckland luggage agenby io see the manhger, who aiso lived at Titirangi. There he saw a Mr. Hodgsbh,- who tdld him that the manager had gbhe to a Clttb. He had left a mesSdge that witness was to call at the club at 5.30 p.m., so that he could ta*ke witness home in his car. Leaving the luggage agency at about 3.30 p.m., witness, returned to the biiiiard salooii, where he played six or seven games of snbo'ker. Mr. Herbert, manager of the saloon, was ohe of the players. WitneSs stayed there uhtil a'bO'Ut 5.20 p.ni., after which he took his parcels ahd went to the club. Witness said that at no time was he near 8 Partiiigton Lane and statements to the contrary were untrue. NEV3E EfiEN IN GAMIN G-HOU SE

To Senior- Detecti ve Aplin, witness said he did not know What a two-iip gaming school was like. He had never played tWo-Up ahd he Was not at the gaming school in Pitt Street on Febiaary il, 12 and 13. He had not been * in a gamihg-house in Auckland or anywhere eise. Witness denied knowing Kirkwood, and it was not true that he had known him for 20 years. Witness Said hnndreds of people knew him, bht he did not know them. He did not have the siightest idea why Kirkwood shouid gi ve evidehce against him, ndr Mrs. KirKWood, nor Mrs-. Paling. Mrs. Paling Was a stfanger to him. Witness did uot kno\/ De.ective Cromwell ahd he had npt sppken co him since the raid, as he had never met him. Tnoinas Hodgsoh said he recalled Broughton arriving at the luggage agency at approximately 3.15 p.m. and givihg him the manager 's message. He was not in a position to say whefe Bfougliton had gone after he left the agency. Frederick Herhert, a billiard saloon j roprietor, said he saw Broughton between 12 and 2 p.m. He later saw nini , after a p.m. and he left the saloon some [ time after 5 p.m. | Addressing the Court Mr. Goldstine j subttiitted that the prosecution must fail on the grounds ^hat ciefendant was not ' 'found" on the premises by some person in authority acting pursuant to a warrant and within the meaning of the section of the Act. If the evidence of the civilian witnesses was to be believed, all the members of the raiding j party had committed deliberate per- : jury. His submission was that the witi hesses had made a mistake. The Magistrate said that never in any case he had been so conscious that he was judge and jury. He required . me to think the case over and he would deliver his decision tomorrow.