MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1574, 18 October 1912, Page 8

MAGISTRATE'S COURT.

STELLIN ONCE MORE. (Before Mr. . G. Riddell, S.M.) PENALTY OF £40 IMPOSEBTHE PROBATIONER. HIS COLLOQUY IN THE HOTEL. James Stellin (chargcd in_a previous case uiuler the name of — ~ ' Stellin) appeared before Mr. W. G. luddell, S.M., at the .Magistrate's Court yesterday morning to answer two charges .of betting on licensed premises, with Thomas Winn. The information was laid by DetectiveSergeant CasselK and was to the effect that Stellin was a bookmaker, and on October 2 and October 5 received bats from Thomas Winn. Mr. T. Wilford, M.P.. appeared for Stellin, and Sub-Inspector Sheahan represented the-police. Evidence of Probationary Constable. The principal witness in (he case was Thomas Winn: a probationary constable stationed at Wellington South. He stated that, 011 the morning of October 2, lie veceivcil instructions ironi Detective Cassells t« go to Barrett's Holel, ami see Stellin. In pursuance of these instructions, he encountered the man iu the public bar, and intimated that he wished to put 10s. on Sleaconibe, which was running.in the Hawke's Bay races on that day. In reply, Stellin said: "You're too young!" Witness replied: "No; I am twenty-two jears old." Stellin then asked'what he could do for-witness, and ho accepted the 10s. He gave witness (Winn) a race-card for that day's races, and aiked witness his name. .Witness replied that it was T. Winn. He then, iu return, asked Stellin his name. Before they parted witness remarked that if Sleacoinbe paid a dividend.be would come back and have 30s'. on Bobrikoff. Al 3.35 p.m. on the same day witness went to Barren's Hotel again, and asked Slellin how lie nvilnc-s) "bail gnt tin.' SlnJlitj replied llial Sleaconibe had run second, and thai \vitnw> would gel (lie 1 • 111iI. udil. Witness then a-sked Stellin (o put ins. of I lie dividend on BobrikofV. which was rniini.ig in Ihe lust, race i.n tlinl day. To this Stellin replied "All right." tin t.lifi tallowing day vjtu»M again proceeded to' Bwptt s Hotel, and "ked.

Sh-ilin how Bobrikoft bad ;jot uu. Stell.it! save vitn«>«. Vt<„ nnd witne:-* again asked bow HobrikolV bad Kot nn, U» which (Wewhiul; replied: "fiobriicnft nUo started." Witness asked Stelliji .'is to wiiiir bin) again in cnse he j wished to liuvo another bet. and SMlin ] rrplifcl: "If nl any lime yon want 1110. nnd I ;im not in the holol, go in to the. bark bar, and n-k for 'Hilly "\ouii?,' as, lie dor- my dorkinc whilst I am away." Wilnoss went nn to -»y that Stellin then : Innded him a dnnbh* r-bnrf, and wjtmss went. in t-ltf Town 1 l*i 11 nnd mot - l)etp.> I tive-tfprgc.ant nnd ho handed him tbe K*. and thy double churl. The Marked Half-sovereign. j .\s the two charge* were boin? taken 1 witness continued bis evidence, I his recital relating principally to Fatur-I day, October .*». He stated that lie >'i\v I tho detective at tbo Mount Cook Police Station, and the detective then gave? him » hsilf-sovcreign dated 1844, and marked ill a certain manner. Ho then proceeded on bis mission to Barrett'? Hotel, and, on a second visit, found Stellin. and told him that he wanted lo put 10s. on Sleacombe, which was running in the Napier Park events of that day. To this Mollin replied, "All right! I will put it on the first race whirl) t))€ horse runs in. V\ itness gave Stellin tho marked half-sover-eign, and "shouted" for him. r The Marked Half-crowns. Witness then left the hotel and met Dotectivc-Sergeant Ca-ssells in Hunter Street, and the latter pve witness two marked half-crowns. it ness once uioro went to the hotel, and saw Stellin, who said that Sleacombe did not start. Witness then asked Stellin to put ss. ou Lord Soult, and handed him the two marked half-crowns. Mr. Wilford: Who was your schoolmaster? _ ~ Witness: Detective-Sergeeiit Cassells. Mr. Wilford: How many rehearsals have you had? , . . Witness: I have only carried out my instructions. . . . Did Detective Cassolls remsti'uct you each time?—'"Yes!" Did you know when you went to Mellin that betting in a hotel was an olTeuce?— "Yes." Did Smyth (a witness in the Le Souev caso) say to you that be had not cot back the monev which be had invested bet-ting cii tho Le Souor case?—'"Yosr Did you ewr say. to Smyth that you were.not going to fall in tho came way? "No." Dctective-Sergeant gave evidence as to arresting the accused at_ Barrett's Hotel at 2 p.m. oil October 5. When arrested, Stellin was Marched, and nmongst raonby in his possession was the marked half-sovereign, dated ISH. Constable Smvth gave evidence as to being present wlien Stellin was arrested.

Line of Defence Adopted. Mr. Wilford said that he would call the defendant io give evidence. Before doing so. Mr. Wilford said that Detective Caseells bad selected Winn from amongst eleven other probationers, had taken him under his tuition, and even framed tiio phrases of his evidence. The defendant Stejiin went into the box, and when asked by Mr. Wilford if he did bet in the private bar of Barrett's Hotel lie replied "No, I did.not." Defendant then said that he fold Winn that he was too young, and refused to bet with him. Were bets made on the horses mentioned?—" No." Continuing, Slellin snid that he had been warned weeks ago that the detectives were watching for him. How did you come by the marked halfsovereign?—"Winn asked me if 1 had any change, and I replied that I had, and gave him the change for the half-sov-ei'eign. That is how I came by it." Defendant then went 011 to state that all the conversation regarding' the horses, etc., could not have possibly taken place. I As soon as lie told Winn that he was too j young to bet, he (defendant) walked out of the hotel. • —. Morgan, barman in Barrett's Hotel, corroborated the defendant's statement relating to his leaving the hotel,, alter telling Winn that he was tco young. pectsion and Notice oi Appeal. The magistrate said that a conviction must be recorded. The defendant's counsel had raised all the objection.- thai could l>e raised to the evidence of tno' principal witness, but notwithstanding this he was satisfied that tufficient evidence had b:on adduced to satisfy the Court that a penalty must be impo.-ed. The defendant was lined ,£lfl and costs lis. Security lor appeal was at is Ss., plus the amount of the line. INSOBRIETY. Guy Cockbimi and Maud Liud Leo were each fined 10s., iu default forty-eight hours' imprisonment, for insobrietv, before Mr. W. G. Biddell, S.M., at the Magistrate's Court yesterday. A prohibition order for twelve months was made against Leo. Six first offenders wore al-u dealt with. JUVENILE COURT. A sitting of the Juvenile Court was held yesterday, Mr. W. G. Riddel!, S.M., presiding. Three Jioys aged, 11 years each, were charged Villi stealing eie\eu dozen i post-cards and one book, of a total value uf J!1 Bs.' 6d., the property of Jenny Hickson. The boys Vere convicted, and ordered to come up for sentence when called upon.. An order'was made that the parents should pay half the value, of the stolen property; A boy, aged ten years, was charged with stealing a bicycle, valued at 4:2 10s., the property of Lawrence Henderson. The boy'was convicted and discharged, and an order was made lor the'return of the bicycle to the owner. CIVIL ACTIONS. (Before Dr. A: M'Arthur, S.M.) Judgment was given for plaintiffs by default in the following cases, heard before Dr."M'Arthur, S.M., at the Magistrate's Court yesterday:—Commercial Agency, Ltd. (assignee) and T. T. Watt (assignor) v.. JJdwm Hoepa, claim «£lO 16s. yd., costs <£2 ss. Cd.; Mafcakitaki Hydraulic Sluicing "Co., Ltd., „v. Jas. Bayliss, costs 75.; i\ Cooper, Ltd., v. Christchurcli Poultry Supply C 0.,.£3 lis. 9d., costs 10s.; Young and Tripe v. F. Butterworth, <£1 65., cos.-s 65.; Morrison and Penny v. S. Grut, claim i! 2 155., costs ll)s.'; Public Trustee, as executor of the will of Patrick Nesdale, v. Win. Mitchell, claim <£99 16s. 3d.,'costs £0 14s. 6d.; Commercial Agency, Ltd. (assignees) and R.G. Schauer (assignor), v. Mrs. Catherine Middlemiss, ,£3 9s. lid.; costs 10s.; Haywards Picture Co., Ltd., v. Thos. Andrews, J233 14s. (Id., costs .£2 195.; Mary Aline Collin v. Stanley Eades,' <£,3 is. 10d., costs 10s.'; Stanton and Evans v.' Arthur Rolph, .£lO 165.. 5d., costs «£1 10s. Ud.; Albert Martin v. John Brooke, £1, costs 10s.; Y.M.C.A. v. D. D. Thomas, .£lO, costs 235. fid.; M'Eweil, Carter and Co., Ltd., v. S. D. A. Grut, ,£2, costs'los.; Barber and Co. v. A. T. Ailderson, ,£l 3s. Bd., costs os.; •J. Mulford v. Wui. Cook, .£4 6s. 5d., costs 10s. A claim of ,£9 6s. 6d.'for work done was made by James Allan, painter, of Wellington, against C. H. Lawson, proprietor of the Family Hotel, Lower Hutt. Mr. A- H. Hiildmarsh appeared for defendant, and Mr. P.-J.O'l'egan appeared fori plaintiff. For the defence it was claimed that most; of the work was carried out under contract with a former tenant. Judgment waa given for " plaintiff - for j£.i 55., with -£2 4s. At the Magistrate's Court yesterday, before Mr. W. G. l'iddelli S.M.. further evidence was heard in the. case in which | Charles Baker, carrying 011 a house nnd I land agency business in Wellington uuder the name of Baker Bros., proceeded i against Bernard Doherty, warehouseman, j and Emma .Fanny l.ieber, widow, both of ! Wellington, claiming the sum of .jiOS Ss. i 9d., for commission 011 the sale of a righti of-wav of 15ft. frontage to Manners Street to tiio People's ■ Picture' Palace Theatre C'o. for .£3937 10s. In the alternative, 1 plaintiff claimed .£62 10s. as commission for negotiating a salo to Francis Loudon for J;2o00 on January 9, 1912, of part, of I the land above mentioned, viz., 10ft. frontage. The case was further adjourned I until next Tuesday. I JUDGMENT SUMMONSES. Judgment summons ca.ses were dfnit with as follow:—Robert. Howell was ordered to pav £3 t" Toit and t'o. on or 1 before October .11: Cha*. Jiijrar. .£2 ."is. in [ F. Ki't rensen, on or before October 31; W. Tavlor, .':2 :is. Oil., to G. I!. Wilton, on !or before October -li: Thos. Matthew*. .£l6 j lis. Ibl. to Win. P. Carter, in instiil--1 mollis ot .1 week; Rcrbv Bro.-. were ordered to pay the Stewart Timber Glass nnd Hardwnra Co-, .btd-, <£l 0 10:. lid. on Lor before October 3U '