MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1489, 11 July 1912, Page 9

MAGISTRATE'S COURT.

■ (Before Mr. W. G. Hiddoll, S.M.) 63 TARANAKI STREET, • SURVEILLANCE BY POLICE, John James Adams, a blacksmith, carrying on business at G3 'l'aranaki Street, was charged at the Magistrate's Court yesterday, with having allowed his premises to be used as a. common gaming house. Ho was further clwTged. that, on July u, ho did make a bet with one Peter Souter (relative to a horse) on premises registered as a factory at No. 03 Taranalii Street. Mr. J. J. M'Grath appeared oil behalf of tho accused and Sub-Inspec-tor Siieelmn conducted tho prosecution for tho police. Evidence as to the surveillance of tho accused's shop and events leading to the arrest was given by Constable Souter and Detective-Sergeant Cassells, nnd as-to tho actual arrest, by Sergeant. Kutledge and Constable Doyle.' From this testimony it appeared that; on several occasions, Constable'Souter, disguised as a labourer, had entered the'shop, and had niado bets rc'luting to liorseracing with accused who had ,handed.,liim a'raco card at the conclusion of each betting transaction.' On July 5 Constable Souter made a bet with accused and Jiandcd hiiii 56. (two halfcrowns) which had previously been marked'by. Detective-Sergeant Cassells. AVhen .the arrest was made and Adams,Uho accused, was searched, ,it was found that he had .£lO Bs. 9d. ill. his possession, this sum including 'the two marked , halfcrowns. A number of racing cards and ■papers (alleged by the prosecution to have reference to betting) liad been found iu the shop., ■•■..' • For the defence Mr. M'Gratli; protested that, the charge had'only to do with olio specific date (July 5), and that the.polico evidence as to prior events was both irrelevant and unfair. It was quite clear Jihat Adnms had limde a bet, but if tho' first chargc were withdrawn, ho . would pliad guilty to tho second. The evidence in-too way showed that Adams had used his shop as a 'common gaming house. A common gaming house .was n. placc where numbers of persons were in the habit of assembling for the purpose of gaming. In ' this case; however, there was no evident* to show that niore than one bet had been made on July 5.

His>'Worship agreed that the manner in which the information hod been laid tied the evidence .down to the happenings on July 5. 'As to that date the evidence indicated that one bet had been made and the presumption was that other bets had also been made. Presumption, howvver, was' not proof, <ind, iis it had been held that one act of gaming did'not 'constitute a "common gaming hou«o'' he thought that the case should bo dismissed. . .

Sub-Inspector Sheehan contended tlint tho evidence of previous betting was sufficient to show that the premises had been habitually., made. .a. .common gaming house. His "Worship oil that point and dismissed tlie hearing of the second charge sine die. \ - 1 ' , : ' MINOR CHARGES. Arthur Charles Grant • and Albert ■M'Kenzio Fisher were charged with being stowaways 011 the s.s. Maori. It appeared they had run away from tho Burnham Industrial School, and they were ordered to be returned-there. John Edward Lister was fined <£'i or •in default 21 days' imprisonment for breach of a prohibition order. Donald Campbell was fined 20s. and Carrie Corbett and John Harris were fined 10s. each for insobriety.' William Chadwick was . charged with •stealing three coats valued nt 255., 50s„ and 40s. respectively. He was sentenced to one mbnth's imprisonment. Charles Norton Bassenden was granted «. remittance of arrears of a maintenance' order against liiin.