MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1543, 12 September 1912, Page 2

MAGISTRATE'S COURT.

(Before Mr. W. G. HicMell, S.Jf.) "SMYTH, THE BAKER." THE NEWEST POLICE PLANIN GAMING CASES. LEU SEUR AND WALES CHARGED. Police roses devised for the purpose of ensnaring alleged principals in tatting transactions have been resorted to on several occasions within the last few months, and yesterday ill the Magistrate's Court the method pursued in a new ruse-de-gucrre was unfolded. In this case it was alleged against Harry Wales that on September 4 he, being ft bookmaker, did bet with Charles Smyth in the licensed premises known as the Duke of Edinburgh Hotel. 'Taddy" Lo Seur was similarly charged with having made a bet with Smyth in the New Zcalander Hotel. Both men pleaded not guilty, and were represented by Mr. E. J. I'itzgibbon. "Smyth, the Baker," Enters'the Hotel. Constable Charles Smyth was the first witness for the prosecution. He stated ', that at about 11.25 a.m. on September 4 he had entered the Duke of Edinburgh Hotel, and had there seen Wales handing out race cards, taking money, and making entries in a book. He moved up to the mail, called for a drink, and then said to. Wales: "Got a race card on you for Marton meeting to-day i" Wales gave him a card, and afterwards a double card, which, besides bearing the names of the horses concerned in the linilway Handicap and tho Marton Handicap, contained the statement ",ClO to 55." On seeing this witness asked for a double bet on Mount Victoria in the Railway Handicap and The Eover in the Marlon Handicap. Wales replied: "You can't have that; it has. already been taken." Witness had then .selected Patriotic for the Railway Handicap and The Rover for the Marlon Handicap, lie had paid the. man Wales ss.,.and the latter had asked the bettor's name, and had made what seemed to be a corresponding entry in his: book. Witness hail afterwards taken a half-crown bet on Peggy in the Electric Hack Handicap,-and on that occasion Wales had said: "1 suppose you are all right?" Witness had asked: "What do you mean?" To which Wales had-answered: "We have got to be careful that it is not someone making a bet for the- police." Smyth had replied to this by remarking: "I don't look much like a policeman, do I?" Witness added that at the time his appearance and "make up" had been designed to simulate that of a baker. "My Friend Mr. Smyth—He's All Right." Constable Smyth then directed his evidence to the case of Le Seur. Ho said that after quitting tho Duke of .Edinburgh Hotel he had met an acquaintance in Manners Street, and had asked him if he could gel him a bet. The acquaintance had,taken witness into the New Zenlander Hotel, and had beckoned I.e Seur. The acquaintance had introduced them with the observation: "My friend, Mr. Smyth, Sir. Le Seur. He's all right." Witness had then backed Patriotic and The Rover in the Marton double, and Peggy in the Electric Handicap, both With I.e Seur. Witness had then left the hotel, but had soon returned, and, approaching Le Seur bail said: "A friend of mine fancies St. Helena in the Inst race. Can I have a half-crown mi it?" To (his Lo Seur had consented, and a bet had been made. Witness had then tone nut of the hotel again, and had met Detective G'assells. They had returned together, and Detective C'assells had arrested Le Seur on warrant. On the way to Manners Street- Police Station,. Le Seur had said to witness: "1 thought you were supposed .to be a. baker!" .■„•■• Detective-Serge* nt CsMell* cava. <*vj.. ienc« aa to hia arrest of la Seur, and

Senior-Sergeant Rullodgc deposed that ho had arrested Wales in the Duke of EdinburKli Ilotol. The Line of Defence Tried, Mr. Fitzgibbon, who did not call any evidence, then addressed the Court, lie remarked that tho charge was laid under Sub-section 2 of Section 2 of tho Gaming Amendment Act, which read:— Every bookmaker who bets in any street or licensed premises . . . commits an offence, and is liable to a minimum penalty of .£2O and a maximum penalty of .£IOO. ■ Mr. Fitzgibbon submitted that, as the statute was highly penal, strictly legal eridenco had to be adduced to prove every clement of tho offence, which was an otfenco created by statute. Tho three elements were: (1J Tho man had to be a bookmaker; (2) he had to make a bet; and, (3) tho bet had to be made on licensed premises. Counsel's main submission was that there had to be proof that the accused wero bookmakers, respecting which ho contended that there was no evidence to tho effect that- the accused were bookmakers, but only assertion by tho police. The Court reserved its decision. THIRTY-FOUR CHARGES. FISH AND THE STATUTES. When the case of Charles Clement Fish was called on, tho accused, who had been admitted to bail, did not appear. .• Tho charge against Fish was that on August o, 1912, at Wellington; when a servant of tho New Zealand Government, ho stole one set of statutes, valued at .£lO, the property of the Slate. Chief-Detective Broberg said that he understood that accused's son was surety for him. At tho end of last week Fish had disappeared from his lodgings, and the police had had reason to assume that he had gone to Auckland. On Tuesday, Fish had been arrested in Auckland, when he had been, apparently, about to leave the Dominion. There were now thirty-four charges to be preferred against him. Air. T. JL Wilford, accused's counsel, stated that Fish, who was an old man, had been mentally upset on account of tho caso having been remanded several, times. In his opinion, Fish had become practically a nervous wreck, and, judging by his actions, he should hardly be held blameable for his doings. The caso was adjourned sine die, and it was agreed that, if Fish is in Wellington on Tuesday next the caso will bo heard on that day. It was decided, also, that the surety should appear to show cause why he should hot forfeit the amount of bail. "THEIR OWN BEER." John Ramsay was charged with hairing stolen J;l3 12s. belonging to John Casserley, and .E2 Bs. belonging to Michael Casserly. i 'Ramsay pleaded not guiltv. Ho was represented by Mr. A. M. Salck. It was stated that the Casserlys lived at Jew's boardinghouse, and that when they'got up on the morning of Suntiny, , September 1, they discorered that tho money which they had left in their clothes on Saturday night had been taken. One of the Casserlys had been awakened during Jho night by a man moving about the rdom. The man had explained that he had got into the wrong room. . Occupants of another room deposed that a man, whom two of them said they had since recognised as Ramsay, had gone into their room on tho same night and had invited them to drink some beer with him. They had afterwards found out that it-was their own beer which he had treated them to. Ramsay, who was described by the police as an old offender, was "sentenced to six months' imprisonment. WAS THE OFFICE HAUNTED?. It was alleged against Frederick Cecil Wilson that on Tuesday last ho had threatened to shoot Orton Stephen?, who now prayed that Wilson, would be required to', find sureties that ho would keep..the peace. i Wilson asked.for.,a remand in order, that he might- engage'counsel. . Mr.'E. SI. Sladden, who appeared for Stevens, said that Wilson had haunted' Stevens's office, and that a strong case" had been made out against Wilson. The- caso was remanded till to-day. •A STRUGGLING WOMAN. Isabella Cochrane pleaded guilty to a charge of having stolen a gold ring, valued at .£1 125., belonging to Sarah Blow. ■ ■Chief-Detective Broberg staled that tho accused was addicted ■to drink, and that she had taken the ring while working for Mrs. Blow. Sho was married, but lired apart from her liusband, and had to struggle hard to bring up a young family. The accused was connoted and ordered to appear for sentence when called on; and a prohibition order was issued against her. YOUTH AND POSTAL NOTES. A youth Was charged with having stolen three .CI postal notes—one on July 13, 1912, ono on July 20, and one one on July 21. Chief-Detective Broberg said that tho postal notes had been stolen from letters which had been addressed to tho Inspector of Machinery. Accused had been a cadet in the office of the Inspector of Machinery, and had taken the letters from the post office box. Ho had made a statement admitting tho charges. Probably, nine or ten charges would be made against him. He had only been arrested that afternoon (Wednesday) by Detective Rawle. Accused was remanded till September 18. Bail (,£SO) was allowed. AN IDLER. . Mary Jane Smylie, who was deemed to be idle and disorderly, was sentenced to one month's imprisonment.