STREET BETTING.

Dominion, Volume 4, Issue 960, 29 October 1910, Page 15

STREET BETTING.

•». AND LAYING "TOTE" QDDS, BOOKMAKER FINED .£SO. At the Magistrate's Court yesterday morning, before Mr. W. G. Biddell, S.M., a bookmaker named Samuel Isaacs appeared on remand to answer three separate charges. The first information charged Isaacs with being, in Willis Street on October 10 for the purpose of betting; the second information, was for street betting in Cuba Street on October 10; and the third charged him with making a wager at totalisator odds against Dreadless in tho Marangai Handicap, run at Wangaiiui on October 1. Accuscd pleaded not guilty to all the charges. Chief Betectivo Broberg prosecuted, and Mr. E. J. Fitstgibbon appeared to defend. It was agreed to take tho chargo of-laying totalisator odds first, and to hear,. the other two charges together. .

Constable Thomas Jones stated that on October 1 he went into'the Empire Hotel to Isaacs and placed £1 onDreadless in the Marangai Handicap at Wanganui .at totalisator odds. Witness gavo the najfio of T.' Casey. 'Accused said:' "I think you must know mo up tho Slain Trunk liiie. I think ive met in Palmers ton North. " Aren't you the ' fighting man?"_ Witness replied: "You.must bo mistaking . mo: for' Tim Tracy." ' Accused said: "Oh, yes, that's tho man/' Dreadless ran secondhand paid ,£1 3s. Gd. Witness looked for Isaacs that night, but did not find him. Witness saw him again on October 8, and asked for his dividend. Isaacs said he had no money on him, but invited,witness to meet/him at the Empire Hotel at 8 o'clock tho same night. Witness waited for him in tho >evenirig : for about half an hour, but did not see him. At' 9.15 p.m. witness saw Isaacs, who. said ho had not been home to got the money, but would' see witness at noon on Monday, and told witness not to be afraid of his money, as he (Isaacs) .was holding >62000. • On October 10 witness saw Isaacs in tho Empire Hotel, Constable Sylvester being present. In answer to a request for payment; witness was told: by .Isaacs ..that/ there .. was no ohance o£- getting the money aS 'accused had. had a bad run of-luck, tho wife and children having been. ill. To "Mr.. Fitzgibbon: Witness 6aid he was on special duty that day. • He. received ..'instructions'from Detective Cassells. There was no doubt that-Isaacs understood that the bet was at totalisator odds,- and that Isaacs told witness on thosubsequent ;date that he .was "holding .£2OOO strong.". -y ■ Constable Sylvester and Detective Cassells also gavo evidence. Tho. latter stsitod that he' received instructions' from Sub-Inspector Norwood. He received them before October .8, but could not swear to the date; i'-

Sub-Inspector; Norwood, in evidence, stated that he gave instructions to. Constable Jones some, time prior to October 1. Mr.. Fitzgibbpn' submitted' that the information ■ must be dismissed. .' It was laid under Section 52 of tho Act, and eyery'fact ; shoUld be proved. 'There was no evidence of the working of the totalisator, the Running of the race, or any agreement to. pay "tote" odds. 1 The ohief ; detective contended that: tho making .Of the bet constituted the offence irrespective of what happened subsequently. His Worship held that, as there .was no evidence/for the defence, the evidence for the prosecution remained' unchallenged, and showed an agreement be-tween-the parties. Defendant would ■be convicted.

Sir.' Pitzgibb'on asked that the question of penalty bo hold over, until, the-other charges had been heard; and the magis-, trato agreed to this. Evidence iviis then - called in support, of tho other charges. Constable Jones gave evidence as to meotihg Isaacs in Willis"Street oh Octo'ber 10 and asking Isaacs for a prico about Boanerges in the New Zealand 1 Cup. They went into tho public -bar of the Empire Hotel,; wherei a ..bet. of- -to :10s.. was completed. Tho . same night about 10.30 o'clock witness mot Isaacs: in Cuba Street, and put .£1 on California in the New -.Zealand Cup. • Witness had. been" acting under instructions from Detective Cassells,, who was in the vicinity on the occasion'of each bet.

Corroborative evidence wa3 given by Detective Cassells. • , .

Mr. Fitzgibbon contended that the ■ information pharging Isaacs with being in Willis Street for the purpose of betting must be dismissed. The only evidence in support of it was that the constable and accused had mot in Willis Street, but that did; not prove . that acoused',wa's there for. the,;purpose of : betting,'norwould it be proved even if the bet had been made in Willis Street.: . In;.. this connection it was well to remember that bookmakers were and if a bookmaker on ' the way to TrentTiam oil ■ a race day handed a card to a client in Willis Street ■it could not be said that he was there for the' purpose of: betting. ■'Chief Detective Broberg quoted authorities in reply, but the magistrate said he was iiot prepared to convict on ' that charge,, as it was shown that as soon as the constable spoke to accused ho went to the hotel. Accused would, however, be convicted for street betting in Cuba Street.' For the offence on 'October -.1 (totalisator .odds) he would bo fined >£20 and costs 75., and for -street,; betting ho would be : fined ,£3O and costs.7s. ■.-..The Statute did'. not j>ermit of; an-alternative being 'fixed.' v Accused was given 24 hours to 'find the money. .: