MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1214, 24 August 1911, Page 3

MAGISTRATE'S COURT.

SCOTT AND MARTINDALE. RACE-CARDS CASE. POLICE WORD "UNCHALLENGED." DEFENDANTS FINED. Yesterday morning Mr. W. G. Riddcll, S M delivered judgment in the case, in which William Scott and Hn.nry Martindalc were charged with publishing a document containing a notification as to betting on the Great Northern Hurdle Knee and tho Great Northern Steeplechase run at Auckland on June 3 and i>. The chargo was laid as a breach nf Section 30, sub-section 1, of the Gaming Act, 1908. which states that every person who publishes a notice whereby it appear* that: thai , or any other person will bet or wager on the result of a race is liable to a penalty of .£2O. His Worship, in a short review of the case, remarked thut it had been proved that Sfiol't and Martindale vere book-

makers, .and. thai a card bearing the words ".Scnll and Mnrtiudule, woolbrokers, Wpllhißton," ami a double chart on the two Auckland races hud been received by Mr. Mowlein, of I'alm.crsbn North. 'It had «|sn been proved that Clifton lxslie Mi.wlom, lo whom the envelope containing the card and double' chart had been .-:i>nr, had previously'done , business wilh the defendants, and, since November last, had received Mmilur'cards from them through the post. Commenting on the proceedings at the hearing his Worship .-aid: "lioth detectives called swore that the letters 'A.ii.C on the double chart was a sign by which defendants (Scott and .Mariindale) were known. There i* no evidence to (ho contrary, although their counsel stated thai: the' letters slodil for 'All Bets! Cash.' Similar charts were found some time ago in the office of Driscoll, a prin-\ ler, who says that he has printed double charts for defendants, although he cannot identify the charts produced. "Defendants' counsel argues that, as there is no proof of the place from which the letter was- posted, or of the person who placed the chart and the' card in the envelope and posted it, it cannot bo assumed from the other facts 'proved that the defendants were the persons by whom or on whoso behalf the card and the chart were posted to Mowlem and fo published, if that amounts to publication. Defendants, however, have given no evidence, so that the whole of the facts brought out by the prosecution stand unchallenged. All that defendants contend is that the proof is not sufficient. J think I hat tho result of the evidence tendered is to create a prima facie case against defendants, and to throw upon them the onus of showing that thev have no connection with the double chart enclosed with their card. They have • not. discharged this onus, and, in mv opinion, must be held-that they arc"guilty of the offence charged in the information." Defendants were fined £3 (£1 10s. each) r" T ts 19s '' mid wit,lc ' ss<;s ' expenses

Mr. P. -u Jackson asked his Worship to so in the fine that the defendants could appeal on facts and on law. ills Worship said that the. facts were perfectly simple. He had drawn certain deductions from tho facts, and the deemlants, if they wished to appeal, would have to appeal on law. He would not grant the request. THE CAPTAIN'S ORDEI)!!i. Badin Raphael, a seaman on the ship Australia, was brought before' the Court on a charge of disobeying his captain's orders to work. Raphael explained, through his interpreter, that the captain was correct in stating (hat he had refused to work, hut tho reason of his refusal was that he had a matter with the mate that must be settled before he resumed his duties. It was explained (o Raphael that it would be wiser of him to resume, work, and bring a case against the mate. Tho proceedings were adjourned till Friday, and tho future conrso of the.action will depend upon whether Raphael works or still refuses. ASSAULT AT HUTT. Clarence Veriug White was charged with assaulting Henry Davidson, at Lower Hutt, so as to causo him actual bodily harm. '

Mr. Kelly appeared for the accused. After evidonce had been heard, t , "! charge was reduced to ono of common assault, on which White was convicted and fined £3. ALLEGED THEFT. Gco. Alfred Tracey was remanded till August 30 on a charge of theft of tools at Jolvnsonvillo. The total value alleged to be involved was £17. He was admitted to bail.