MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1515, 10 August 1912, Page 3

MAGISTRATE'S COURT.

(Before Mr..W. G. Riddell, S.M.) DETECTIVE'S LETTERS, v HIS,STRATAGEM & THE "WHISPER." THE GAMING HUNT. At the Magistrate's Court yesterday, William Scott and Henry Martindale were, charged with having, on or about July 13, 1912, published a document which contained a notification as to betting on horse races to be run at Trentham on July 17, 1912. Sub-Inspector Sheehan represented the police, and Sir John Findlay appeared for the defendants.

Trap Which Detectives Laid. ' Detective-Sergeant J. J. Cassells gave evidence to the effect that ho had sent the following letter through the- post, addressed "Scott and Martindalo, General Pust Office, Wellington": "Railway Hotel, Lower Hutt, July 12, 1912. Scott an« Martindale,—Please post mo double card Christchurch and Wellington meetings, and oblige,—Yours, etc., J. Morris." Subsequently he (witness) had sent tho following letter to Scott and Martindale at the same address:— ' \ "Lower Hutt, July 29, 1912. "A.B.C.—Got double cards all right. Thanks for same. Book mo .£l5O to i ' treble, Captain Jingle, My Lawyer, and The Rover, Grand National Steeples, Winter Cup, and G.N. Hurdles. Postal note for ss. enclosed. Acknowledge receipt before next "Wednesday, and oblige, "J. MORRIS, "Railway Hotel, Lower Hutt." Witness added, that on August 1 a type-writien reply and a return of the postal noto had been received by him. The letter said that there must have been a mistake; that the witness's second letter must have been intended for someone else. "A.8.C.," the witness said, had been Scott and Martindale'e sign. "The Whisper." In the course of his evidence, Constable Doyle stated that, when he had served the summons on Martindale, the latter had remarked that he had "got a whisper," and had ad.ded the query: "Ton have got the lot this'time, haven't you?— they are all in it ?" Martindale, in the course of evidence, denied that he had told Constable Doyle that they had got a whisper. He said that their suspicions had been aroused because only a 55." bet had been offered, whereas Morris had never wagered less than £.1. The Law Gathers Itself Round the Matter. Sir John Findlay submitted that the information should be dismissed on the grouml that publication had not been proved. The proprietor of the "Railway Hotel, in handing the , letter, addressed "J. Morris," to Detective Cassells, had acted'without Scott and Martindalo's authority, and the publication was not Scott and Martindale's. If "J. Morris" was n. fictitious person, there could bo no publication to him; there could not be publication to a fictitious entity. Decision was reserved. OTHER CASES., John Logan was fined os. for having driven a vehicle without a light. ■Joseph Fitch was fined £h for having broken prohibition orders. Henry Hume was fined £i for having- accompanied Fitch into' hotels, knowing that Fitch was prohibited. For insobrietv Ernest Hedges was fined 10s. .lohn\Redmond O'Donagliup was fined JU'tor having broken a prohibition order. George Liullon- I/ogan. Arthur Mile?, and Walter Thomas Miles were charged with having stolen 15s. worth of 'lead from Thomas Meyer. Logan and \V. T. Miles pleaded guilty, and were each finod <£2, in default seven days' imprisonment. • Arthur Miles pleaded not guilty and was remanded till August 11. Bail (£2) was allowed him.