MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1481, 2 July 1912, Page 9

MAGISTRATE'S COURT.

NO. 22 MARION STREET. .DETECTIVES'WATCH AT WINDOW ;■ THEIR VERSION OF IT. At tho Magistrate's Court yesterday, before Mr.. W. G. Riddoll, S.M., Sidney Palmer was charged with having kept house number 22 Marion Street (during May and .June) as a common gaining house. Palmer pleaded not guilty. He was represented by Mr. A. L. Herdman, and Chief Detective Broberg conducted the prosecution. The information was laid under Section i of the Gaming Act. Evidence was given by Sergeant At'Crory, of Mount Cook Police Station. He said that, on the nifjht of May 25 (Saturday), and the morning of May 21i (Sunday), lie bad been on night duty. He happened to be in Marion Street about 1 n.m., and with him was Constable Holmes. He noticed a light, in tho window of No. 22 Marion Street, and ho listened outside. Ho had heard such remarks as "Two cards," "Three cards." "Two bob," and "Four bob." Ho thought. (iKo, that he had heard a dice box rattling. Constable Holmes had nflenvards gone- to tho window. At 4.30 that morning tho light was still in, the . window. Tho Detective's Story. Detective Hammond stated that on Saturday, June 22, Detective Cameron and lie watched Palmer's house from about 11.10 li.ni. till 11.30 p.m. After detailing 'the observation the detective said: "Wβ got into a room in which there were ten men. They were evidently confused. One dropped a pack of cards on the table; some were jumping up off tlieir chairs; and some were fumbling with newspapers. A man named Louis Simlnonds, who is a billiard-marker for Palmer—Palmer keeps a billiard saloon in the city—was there, and I asked him where Palmer was. He said that Palmer was somewhere in the Jionse, nm! I told him Hint he had better bring Palmer, because I waittcd to see him. I said (to the occupants of the room): 'Well, what's tho (fame? , and a man named Smith replied : 'Oh, only ,a small game of draw,' I saw Palmer coming from the diningroom Viiisro some men were, apparently, having their supper. I asked him v.-ho the men were, and he sail! that they were some friends. I questioned him further, ar.d he said: 'Surely a man can have a few friends.' I asked what they hud been playing, and he said: 'Pokerdraw poker.' Who Were There. , "I informed him tliat he liad letter give us tho correct names, as wo knew Hie name- of pretty well everyone there," continued the witness. The names were as follo-.y:—Louis Simmunds, billia.rdmarkiT for .Palmer, who says that ho resides at Palmer's house; Peter M'lnlyri', ;i labourer, who lives at 51 lioulcott Street; John Darker,' who resides at 2 Sfcvcnson Terraci , ; Mark Darin, a driver, living at ,i(i Pipile; , ..Street; Alfred Lucas, a bootmaker, living at Langham House, New town; Denis ]!o;uly, a labourer; I'oliert Smith, a cleaner, Cambridge AvenueJulius Hansen, a wharf labcmivr, who resides at 175 Vivian Street; Charles Carson, wharf labi.iirer, of St. Mary Stiwt; nuil Thuiiiiis Jisii-on. ii driver for the Fresh Fund and Ice Company, who, also, said that he resided at Palmer's house. Witness llii-n wont on to describe (lie room, fiiniivuro. etc.

The C'liief Deii'i'live: You know the g;iinn of pnlter. 1 —"Y««." Js il usual to play it with counters instead of money!-—"Ves."

Why?—"HpkiiW it saves the necessity of having ii I,'"-''" 'Ji'«l of ehuiiKP- U also docs uway with the noise, of the jingling of money; and some people think that if you arc playing wilb counters you are not lilavin;,' for nioiioy." h poker iv. panic of chance or skill ?- 'Tliiuicc, i.l,so'lntf!,v." Dili yan cve.r hiMir of tinynno playiiiß lipker f»r ii:n?- ,, .\'0. never. It is n gumn I hat tli'Te i~ iilxnliilely mi lilny in, ami it i< 11k iiii!-t coiniiiuii snmbliMS {faun , I|],.,c i.-. II iibMinl to suft-e.-.t that iMiyonc would .-it. down and play llio gaine for Hi- Kiime iti-clf." Mr. lliTd-.iiiin: Am I. io iii'.derslanil from yon that Ili-Ji - ;! is nolliiiig in the game Willi.'.-.-:' "Oh, ye-; there is a lot of nioiisv in it sometimes." Bo'l nndevstnml you to.say time there i-. no skill or esperienca required in order fc.) become a successful phyer;—"lhere. i; practically no skill in the game." 1: jt not a lact that some people tan l.croino very go:«l polcc-i- ami ihat others would never rniikf pnkcv players.- .

—•'l-i.niK' iiM't) know where to r'lA their ip--.iii'V. ami f thill!; Uiat "'«l i* wlici-o ;he -kill iT'ts—in JiiKiwiiij; tlir Mronjjlir of your opponents." β-jes it uot reuuirc toiue skill to hoot

when lo draw:—"Oh, some very .--light skill." I put it lo you as a man of • lie world I hat I hero aris very great diH'erniri'-f in pi-ker players?-'! think Ihat the man with the most money must win." Do 1 understand, then, that the man with a certain amount of courage and a pocket full «f money mint be Micce-s----lul?—"If there was no limit, the man with Ihe money would win." That, is your view of it —"Thai is why them i.i a limit." Directive Cameron gave evidence, and then -Air. llerdinan addresad the Court. The Law of the Matter, Mr. lkrdman submitk-d th.it the ini'urinalioii niu-t be dismissed on the facts. Jt would he absurd, to .-ugge-l that because a person had an uceasiunal game of card<—even poker—in his private liouso that Hint con-ti'.titeil the iillence of ke-.'p-in" a common gaming lioutc. If Ihat w.v- the law of the land, a great many private dwellings in New Zealand would ct-me within the definition of a common gaming Air. Ili-rdmau refenwl to iin Auckland case known as Seolt v. Jiick.-on, which had hsm heard before the Chief Justice (Sir Robert Stout) and Juslicrs Williams, Edwards Deiuii.-lon, ami Chapinan. The defendnnt in that case was the ki-eper oi' u billiard-room, where ail sorts <>!' games were playcdpnol, billiards, snoolcur, etc. A charge of keeping a common gaming house had been hud. and most of the fads had Ik-oil adniitled. Jt had been held by tho Ci-urt-liis Honour the Chief Juslii-o alone 1-ad dissented—that there had been no breach of the law. Mr. Hcrdmun contended that the evidence had not proved tha , , the place was a common gaining r.i.usc; that it had not been proved that Palmer kept a common gaming house within the meaning of (he statute; and that the general circumstances of tho e;i>o justified the Court in dismissing tho .information. Counsel referral to the headnnti) to the case of Scott v. Jackson to point out that it was them written that "a game, in which skill of a high ch'nracor is involved isaiot a gome of chance because there is' some small elen.ent of chance in it." Before a person could be indicted of keeping a common somhij? house it must be proved that the pme played wns not lawful. Draw poker was not an unlawful game. It has been hild in New South Wales to be a law-, flit game. It must, also, be shown that the place was kept, for the playing of .in illegal winie. It had been held in England that it v.-as not sufficient to provo that such a gamo had been played once. Mr. llerdman then called Palmer, tlu defendant. Sidney Palmer, wlio keeps a billiard saloon in Dixmi Street, stated that his residence in Marion Street was a tevenroonied house, and every room was occupied. He had lived iu (he ho it!* since October, and the other occupants were Ins wife, tlicir child, his nieces, Louis Simmonds, and Benson. . The people who went to his hou.se to play cards had always gone by invitation, no "bank" had been kept, and tho stakes played for had always been very small. When Detective Hammond had asked for the names of the .men in the house, witness had been.aware of the names of all the men but one, and that mini's name he had subsequently ascertained. In addressing tho Court, Chief-Dctec-tivo Broberg said that he relied on the case that Mr. ncrdman had quoted from, but that Mr. Herdman had only quoted selected portions of the report. Decision was reserved.

OTHER CASES. Harry Herman Grell and Sydney Grell were charged with having stolen u dozen pairs of socks, one shirt, and one boy s hat, valued at 17s. Gd., from the shop of Mesa's. George and George, Cuba Street. Chief-Detective Brobcrg stated that he wished to have a certain other mutter investigated, and on that ground the defendants were remanded till to-morrow. , Maurice Sullivan was fined .£1 lor bavin" disobeyed a maintenance order, and the amount of the order was increased from 3s. to ss. per week. ... . . Thomas Bogle was charged wiJi rang a rogue and a vagabond. It.was slated by the police that ho had been found by night in a railway carriage, that he was a recent arrival from England, anil that ho had doiio no work since his coming here There was .£IOO to his credit in the Savings Bank at Waikauae, but, pendiu" identification, he could riot handle it. 80-le was remanded till to-morrow. On a charge of.having ill-used a horse, Samuel Bray was fined J:3, and on a similar chaw Julius Lajnbrrc was filled .£4. Mr. Webb appeared for ho S.P.C.A. Alfred Andrew Mitchell was fined £1 for failure to send in a sheep return. For insobriety, Henry Taylor (alias Pegtop) was fined JCI, and James Wilson 10s. CIVIL CASE. (Before Dr. M'Artlnir, S.M.) Charles Bryant claimed .tIOO from Fadallah Khouri, as damages for an alleged breach of an agreement. It was set out that defendant had agreed lo provide the necessary capital for (ho showing of moving pictures nightly from April 8, 1012, until June 15, 1!)12. and to remunerate tho plaintiff during the time between thoso datos, but that plaiuliff had completely failed to curry out his part. Mr. E. C. Levvey appeared for the plaintiff nnd the Hon. T. W. Hislop for the defendant. After evidence had been heard, judgment was given for tho defendant without costs.