"GIVEN UP THE GAME."

Dominion, Volume 3, Issue 691, 16 December 1909, Page 8

"GIVEN UP THE GAME."

£?: CHARGE OF FORTUNE-TELLINdI ; 3UYICE TO THE POLICE., ; (Uy Telcsraßh.-'Spcclnl OorroaDonaoot.i ■:; ''.'>. -Auckland, December 15. : An;/important .judgment was delivered by ludg'9 Edwards'to?day, in the course of which' police methods came under review. The case u-as an appeal brought by the police from the docisioii''of "Mr.''E.";:C;'Cutten, 5.M., ; in' the case against; Madame. Vino, ,on a charge of fortune-telling, which was .dismissed by' his Worship - on the ground that the policeman who induced tho defendant to toll his fortune, thereby became an accomplice, and defendant could not bo convicted upon his uncorroborated.; testimony. .-..';-, i-'lnV.dwmissing. tho v . appeal his 'Honour- said lie'.could.',-not-seo what.good could be'scrvod by the bringing of it. ligo.as IS-48:it was laid down that;the rule of requiring the evidence of an accomplice to bo : corroborated (lid not apply in a case when,tho accomplice was l spy in tho .interests or' supposed interests of justice.fj.This was. decided by two learned judges; and: if that; were not enough, it had been laid.down again by Mr. Justice Cooper in the Supreme Court of New Zealand as lately as 1908 (28 N.Z.L.R., Supreme. Court, 94), ;.so that tho object of the' appeal'could not possibly be said to be for the'instruction of -the Magisterial ; Bench. ■'-.- There was .no rule of law, as. everyone should know, that if the uncorroborated evidence'-'o'f an accomplice cartied'.- irresistible couviction that- the offence bad; been committed, the party should not be convicted. : It had, however, been, the practico of judges for years to caution juries to bo'■ careful. this class of evithe' rule, as well lis his Honour, butif he did not choose t'o believe the police constable, his Honour could notiell him to believe, people,he did notbelieve,' and; there-the mattef-ended. 'With, regard to tho charge against, the woman, tho case disclosed, ho, offence at till. "After quoting the sections: boariiig-i.'onV'tho matter, his "Honour said. J.ho , Statute,. did not mako the taking of money, for. telling, fortunes an ingredient of the crime, which was undertaking to tell fortunes, .'or in'the words of -the statute, "to ilivinc i the : futnro.and lay bare the past." According to; that.overy; woman; who, for the private;,amusement,'of-;herself dr her friends,' told-fortunes, "cut. the cards" as- it- was sailed (and thero were hundreds of women who :lid that), would bo liable to fine and imprisonment. Of course, such, a construction was absolutely ~;ridiculous. In., this:' caso. ;tho ; old n-pman said, she had "given up the game," but was persuaded after some pressure by a constable to tell the fortunes of : himself and his companion.- There was not a vestige of evK denco that, she pretended to the.constables that she really could 'divine the future or lay baro\ the. past.; It was-quite .'plain that the magistrate was. quite right in dismissing the information—whether ho was right or wrong in his reasons did not matter one straw. The pasevwas,.: in'.his :iHorioirr's opinion, one that 3hou!d>have,,been,.lef l t .where;it was when the magistrate .dismissed it. 'In'itself, it was absolutely trivial.-With.regard .to, ■ the; practice (vluch it had been said .guided the case—that of a._sup'orior officer ordering constables to set' about inducing people :to commit minor offences, -it had been,commented upon more than once, and met with'particular Toprobation from Mr Justico'Hehsman, of'Wesl Australia, whoe reinarlrs:liml::bccn cited,, and 'his opinion was worthy of extreme respect. Ho condemned the practice.,;in.. unequivocable . -terms..' Judgo tidwards considered the police might, be very much better employed than running down old lv ° m ßn;:for..tb.e prevention of what was aftei all -.-a- trivial offence. * That, sort. of prosecution wonld not stop the practice of such ' offences any. more;'than a great' many Other offences could: be stopped by legislation which somo people appeared.'to.think-would be an effeetivo deterrent.; . Ihere.was enough for tho police to do -in '-this, fair city of: Auckland, and' occupation might- have;beon.found for thorn much more beneficial;to the State than the pursuit' of this, old'woman ?who,' it appeared, pretty plainly, had.as,she said, "given up the game/'