LAW REPORTS.

Dominion, Volume 5, Issue 1503, 27 July 1912, Page 3

LAW REPORTS.

-. GAMING CASE. (Before Mr. W. G. Ricldell, S.M.) CARDS TO DETECTIVE OFFICERECIPIENT UNDER FIRE. "PUBLICATION" ALSO COMES UP. Another case under the Gaming Act occupied the attention of the Magistrate's Court yesterday. William Scott and Henry Martindale wero charged with having (on or about July 1, 1912, at Wellington) published a document which contained a notification on behalf of certain persons as to betting on horse races to bo run at Trentham. v Defendants pleaded not guilty. They were represented by Sir John Findlay. Chief-Detective Broberg represented the police. Alfred Ward, a police detective, stationed in Dunedin, was called by the prosecution. He stated that on l July 4 last ho had received by post an. envelope containing one betting card and two betting charts. The envelope bore the Wellington postmark of July 1. Witness had not the. faintest idea, from whom he had received the card; but from its appearance he thought the envelope had been originally addressed to another person, and afterwards readdressed to him. A piece of paper had Ireen gummed over the place where the first address was.

Sir John Findlay: How long have you been stationed in Dunedin? Witness: About five years. Have you ever had any betting transactions with the present defendants ?— "Neither them nor anyone else." . You are not in the habit of receiving communications from bookmakers ?— "No." You don't suggest that you got this communication from the present defendants?—"No; I just state the facts." Did you get this envelope opened or intact?—"lntact. I opened it." And you don't suggest that the readdresser . was . the present defendant ?— "Ko,-1 don't." I see that it is addressed to you at the detective office'.—"Yes."

It is sent to you, v obviously, as a police officer ?—"Exactly." And I presume that you don't inxite his Worship to come to the conclusion that it was sent to you in your capacity as a police officer by the defendants?— "No,-1 don't." Detective Hammond stated in evidence that since the publication of dividends and of notifications of betting, bookmakers generally throughout New Zealand adopted alphabetical signs for the charts and cards which they issue to their clients. The defendant had adopted the sign of A.8.C., and had used it since 1907. He had never known any other bookmaker in Wellington to use that sign, and he had seen the sign/on Scott's board on the racecourse. Scott and Martindale wero reputable bookmakers. Sir John Findlay submitted that the cass should he dismissed, because, he said, "publication" had not been established. It was no offence to print these charts. That had been decided by Mr. Justice Denniston. It was no offence, for a bookmaker to have a thousand of these' charts in his possession. It only became an .offence when t the person on whose behalf it was intended published' the - notification. While the calling of a bookmaker was perfectly legal, the calling could not be advertised —perhaps the only instance in the world where a calling was permitted to remain legal and any-advertisement referring to it was prohibited. If this envelope was sent by Scott and Martindale to someone, and that person sent it on to a police officer, that was not publication. The police said it was. Publication to whom ? To a police officer, the prosecution said. Who published it to the police officer? Not the defendants. Decision was reserved.

OLD MAN'S PENSION. . William James Dear pleaded guilty to a charge of having wilfully made a false statement respecting the obtaining of an old ago pension.- . The old age pensions officer • stated that defendant had given the amount of his earnings for the year as .£35, whereas he had earned .£95. His Worship observed that old age pensions were for people over G5 years of ago who were, unable to earn their own living, btit that one of the conditions'was that a full declaration as to property had to be made. . 'Dear was convicted, and ordered to appear for sentence when called on. . ' POINT .TOR THEATRE PATRONS. Charles MacMahon and Marshal John Donnelly were fined i! 2 for taring allowed persons'to'stand'in. the spaces leading.to the seats in the New Theatre. Mr. J. J. M'Grath appeared for the defendants, and stated that the occurrence had taken placo at change of programme , time, and was partly due to an usher's neglect.

OTHER CASES. For having failed to children to school, the following were each fined 25., with costs (7s.):—Joshua Clapham, Jame3 Looner, Catherine Clements, Arthur Cudby, Arthur Lawton, George M'Ghee, William M'GSlinchey, Daisy Anderson, William Belfhaw, and Fred Sage. For the same class of offence, Charles Maddoek was fined 55., with costs (75.); C. D. Graham, 45., with costs (75.).; Joseph B'-migh, 10s., with costs (75.); and Join Canister, For having allowed stock to wander on public roads, William Moxham was fined 55.; William Hamlin was fined lls., with costs (X 2 65.); James Henry Hocking, 95., with costs (dEI 12s. 6d.); Cyril MTarlane was ordered to pay costs (19s. 6d.); and Francis Eugene M'Furland was ordered to pay. costs (19s. 6d.). Nora Nugent was fined- £2 for having broken a prohiibtion order. Thomas Jones was oonvicted of having stolen a pair of boots from Daniel Coronno, and was ordered to appear for sen j tence when called on.