THE GAMING ACT.

Dominion, Volume 5, Issue 1247, 2 October 1911, Page 4

THE GAMING ACT.

A bookmaker fined. {By Telesranh.—l'rcss Association.) As'nburton, September 29. At tho Magistrate's Court to-day, before Mr. V. U. Day, S.M., \\m- Whitta, bookmaker and laml and estate agent, Clrristeliurch, was charged oil itio mlormation of the police with having committed a broach ol t;lic Gaining Act by loitering in a public iilaco for the purposo 01 soliciting bets, on Kacccourse Road, opposite tho Ashburton racecourse, on September 14 and 15. Wliitta was representedby Mr. J. A. Cassidy, and pleaded not guilty. The police ltd evidenc© to show that defendant loil-jrwi about tho gates of the course 1 on bctfh days, Their witnesses said that they saw a stream of pcoplo continually going to and from the gates, presumably for the purpose of speaking to defendant. Witnesses (who included Detective Osborne and tho racecourse detective, Kraetzer) did not actually sec what took place, as defendant invariably concealed his actions. Foully dcpesed that ho saw a man named Murray put his hand in his pocket, take out sometiling {presumably cash), and hand it to defendant. Other witnesses tolel of similar suspicious actions, and emphasised tho fact that defendant conocalcd his actions, Which for the most part were most suspicious. Mr. Gassidy submittal that there was no c»33 to answer, ajid the prosecution must fail. The evidence adduced was suggestive only, and the prosecution desired his Worship to draw an inference. His client, had oome to Ashburto'ii merely to watch the raccs. If the prosecution was" upheld it would mean tliat it would not be safe' for a bookmaker, should' ho' -desire to strictly comply with tlio provisions'of _tho Act. to leave his owii premises to go into public, as it was possible for bookmakers to solicit -or aeoept bets on AshbuTton rac?s in Christchuroh.

The magistrate ruled that there was a case to answer. Whitta, who was a bookmaker, came to Ashburton, and it could only bs assumed that ho came expressly for the purpose of following his vocation. Several witnesses were Killed by tho defence to prove that though Whitta. was generally-observed, tliero appeared to be nothinfr suspicious about his actions. "From Che witness-box Whitta said that ho visited Ashburton on September 14 and 15 as he took a irrcat interest in racing g?ncrallv, ami he watched tho raccs from the road. Ho couldlsay positively that he never booked a bet or acocpted a shilling, from anyone during the meeting, lfo contendod it was outrageous to think that l-c----causo a man had been a bookmaker that lw could not speak to another person during. tho prop-ess of a race meeting without contracting a betting transaction.. If this was the law it would be better to ostracise bookmakers to tho North Pole. He knew that he was allowed on the racccours?, but he was in Ashburton on business distinctly apart from racing. ! The magistrate said that he would enteT up a conviction against' defendant for both dav.--. For the first day of the meeting Wliitta wonld be convicted and discharged, but for tho Kcond day a fine of A'so and full costs (J;3 19s. Ss.) would be indicted. The evidence of tho prosecution certainly allowed of a oertain inference to bo taken, but no satisfactory evideneo had been given by tho defence to show why Whitra. had visited Asliburtoh. Tho fact that people were repeatedly interviewed oil tho road and then went back to the course allowed of only one inference, and that was that Whitta was loitering 011 tho road for tho purpose of soliciting bets. In reply to Mr. Cassidv, his Worship ;aid 110 would lix securitv for appeal at J.-10 10s.