BOOKMAKERS' OBLIGATIONS.

Dominion, Volume 3, Issue 838, 9 June 1910, Page 6

BOOKMAKERS' OBLIGATIONS.

AND DEPOSITORS' RISKS. AN IMPORTANT DECISION. (By Telegraph—Press Association.) Wanganui, Juno 8. A decision of great importance to tho betting fraternity was given by Justice Edwards at tho Supreme Court this afternoon. ' At the March races a bookmaker named Bams was plying his calling, and he accepted what was described as an absurd price about the favourite, Lady Lucy. The favourite ' won, and Barns declared that he was unable to meet the position. Ho offered to repay deposits to the extent of the money in his bag, and to pay the balanco at tho Rutland Hotel in the evening. He paid out his available money, and was then arrested on a charge of theft. Previous to the race starting, but after betting closed, Barns was seen to hand a bundle of notes to his clerk, Coakley, who then disappeared, i Coakley and Barns were brought before the Stipendiary Magis. trate, who sentenced them to one and three months' imprisonment. respectively They appealed, and sentences wero held in abeyance pending the appeal, which was heard to-day.

Mr. Justice Edwards said that no jury ■would convict on such evidence, and quashed the conviction, . without calling upon the defence. He said that, in order ■to succeed, the Crown must prove that accused, at the time of taking the deposits, had formed an intention of stealing them. The Crown Prosecutor: There would be great difficulty in this case, were it not for tho fact that accused was making away with his money.

His Honour: He had not the money on him, but it does not matter whero it was.

In concluding, his Honour said that, when a depositor's monoy went into a bookmaker's possession, it really became the bookmaker's property. Tho depositor risked the bookmaker's 6olvoncy, not necessarily his respectability.