LAW REPORTS.

Dominion, Volume 6, Issue 1596, 13 November 1912, Page 5

LAW REPORTS.

MAGISTRATE'S COURT. ■ (Before Mr. W. G. EiddcU, S.M.) BOOKMAKER FINE©. FOfl BETTING AT TRENTHAM. THE EYES OF THE LAW. Some interesting. evidence was adduced, during the hearing of the police prosecution against Thomas Dalton and Archibald Boyd, who were charged with, being bookmakers,, having betted on the Trentham Racceourso on October 28. Mr. W. Perry appeared for the de'fendr ants, who pleaded not guilty. • The charge against Dalton was tatea first. The CortSiablo's Little Bet. The first witness was Constable 0. G. atoytn, who deposed that, on October 28, n« had been on 'duty at Trentham races, vrhefo he aafced of D'aJton: "Give me half a dollars worth of Lady Volga." . To which.Dalton replied "All right," Dalton j » ?? ted: "What .initials f' p "G.S. will do, the witnsss replied. Just before the totalisator b?lj stopped ringing fw that r . ac f> witness asked for "anothsr halfdollar on Lady Volga," Just'then Boyd remarked to Dalton: "Keep dark, the 'V.' has his glasses on yon from the roof!" However, Dalton accepted the wager, and invited witness to "drop the half-croirn in here," at the same time holding his hand low down. Both the half-crowns had been marked, and he recognised the coins produced in Court as the two which he had given to Dalton. Constabjo M'Lelland gate evidence supporting ,'* the statements of Constable ■Smyth, and added thftt when, detained Dalton produced a race card, : a double chart, and over ißu. ' . Observations from the Roof. Ereitzer- stated th,at from.th*' ; top of the stand ho had.watched ■ Dalton and Boyd; who appeared to bo'; working together. Cfor ' 30. people ap-j preached Dalton, and gflve him something during the two hours in which witness had. him under observation.. When anything passed between Dalton and others tli* former received it with his hand low down or behind, him. '. . -:Mrv Perry: What do you make of these initials in the. race'book? , \ Witness: G.S. ... ' 1 Mr. Perryr I can't make that out of ■them, I will ask your Worship to look at the- book. . Sub-Inspector Sheehan:. Quite clearly, they are G.S. , . Sis Worship (after examining the lettering): Tliey might be anything. . I cannot 1 say what they are. Racecourse-Detective Waldren said that he, too, had watched Dalton aud. Boyd. About half a dozen people approached'the pair before the sixth race. He suggestedto Detective-Sergeant C-assells that they should put Dalton' and Boyd oft. ■ the courso/but Cassells said: "No; lanigottigto get 4 probationer to have a bet with them." Before the. seventh raco' witness saw the probationer go up to 'Dalton, and ; apparently mako a bfet.. And Dedjictions, . i , i Detective-Sergeant"'Cassells deposed that [between 2 p.m. and 2.30 p.m..fifteen persons approached Dalton. Twelve; of these handed Dalton something, and.three re-[ceh-ed something from. him. £rior to the '.fifth race, six people approached Dalton, and prior to the sixth race sixteen 'people. •Before the seventh raco five/people went, up to . Two of these , received something from'. defendant,', aiid thrcs handed him something, and ainong these .three was Smith. Inall, forty-two people approached Dalton in the fortv-three min--tttes during which witness' had deFend.«ts undk observation. Eventually,: Dalton .and Boyd were m-der&dMjff the, .raceepursejand they went awayjquicfly.;-.■'"• •' :; '' ■'" "' Mr. Perry: Did'you demand to seal-ch Dalton?,. . ..' ' . ;'.;' :. ■ \ Detective. Cassells:.. Certainly. .not. _ I had no power.to search him..-' ' . ■ 'I know that; but did you. demand:ro: search'him ?-i-No., I would not be t'o'ol-' ish enough to do so,when I*hnd no power, ; and when I-knew what would, happen, ai'Cerwards. ■ . ■ . -f Did you actually see any money passf.No; I did not. ■ Could you say that they were not making up a ticket on the Taco?—Well, thpy must have had a terrible lot of clients. But is it not possible that they vero making up a ticket?—lt is passible, but they don't do it likn this'- (putting'hi* hand behind his back)... Dalton told nif: afterwards he.was sorry for what,he bad done, He also said to mo: "You know,' you had no right to do what' you did tome the other day." I said that J.' bf>tl' ■done nothing wrong, and nothing i was sorry for. He said: "You hoo.xed me," and! replied: "Very well, you will know .better next I am not,going to let a bookmaker get one on to_ me when they ore all' trying', to." He invited mo . to .search him, but I was not having any. Police Evidence Not Challenged, Mr. Perry did not call ■ any evidence. He addressed the Court> dwelling on tho highly penal nnturo of the statute and. the consequent necessity for absolute' proof. His Worship: I am satisfied that defendant was bookmaking, or was :making bets, on the course- on October.2B. He has given'no evidence, and the whole of the evidence for the prosecution stands unchallenged. There is the evidence of. the actual bet. There is the marked half-crown which was found Dn him. ft few minutes after the bet was made. Certainly, there, may be in circulation halfcrowns that have marks on'them. X think defendant,roiist be convicted. He will be fined £25." " Defendant was also ordered to pay expenses amounting to' £6 18s. dd.-' Tho case against Boyd was adjourned till this morning* • -V OTHER CASES.'' Joseph Graham, Herbert Allen, William Mowbray, and Michael Scullion'tfero each fined .£5 for having.stowed away oh'the steamer Botorua- from Hobart to. Wellington. ' V . . . '. Edward Kichards was fined £1 for having used objectionable language, and £Z for- having resisted, arrest. Thomas ■Patrick Drury.was orderedto,' pay £1 .towards the-support of his wife and two children. ' CIVIL. BUSINESS. . (Before. Dr.'M'Arthur, 5.M.).." : . i " ■"" MILKING : MACHINERY,' , ,■ .j Dr. M'Arthur, S.M., delivered- judg-'; ment in the case in :whieh ; J.' 8.-MacEwan' and .Co., Ltd,, Wellington, claimed MS ; 3s, Bd. from.; W_. ,S, Goodrich,, farmerj '-' Raiding, fftr" hire and insurance ■ of a milking machine and for accessories to ■ the' milking plant, The .rate of hire was' s£2o .per- quarter. Defendant 'Griodriek' counter-claimed for 4160.- »He stated.that: the niachino had failed to milk.his cows, although.plaintiffs had-warranted that it' would perform its work satisfactorily. The-effect of the machine's failure had been to dry off, the ,qqws several months earlier, ttian 'usual, through Which, ho said, he had sustained monetary .loss. He. thiereforo' claimed JeiflO damages, ,nnd he sued for the return of his deposit of 'Judgment was for plaintiff for £4& 2s. sd. on the, claim, and against the defendant on the counterclaim. ' tJNDEI'EIy'DED "CASES. . In the following cases,. judgment was gqven 'for plaintiffs by dofault ;— • W. P. Watt v. Alfred George Barnard, ,£2'4s. 9d„ costs 1.25.; James Smith, Ltd., v. Gilbert C. T. P. M'Kenzie, 2s. lid;, costs .41 is. Gd.; Bawiri, P. Meeshack v. Mohi Korena,-..Ul 2is.; C. and A. Odlin Timber and Hardware Co., Btd„ v. Thomas aud.LleWPlvn Pugh, .£-19 Cs. 2d., Costs J& 10=. Ua.;--C." Smith, Ltd., v. Eniesi-. Dodd, £-1 7s. -lid., caste lfti.; GeoiTve and Kersley, Ltd., v. William Stott, £2 2s. lid., costs 10.5.; Archibald Perry Simester and William Leslie Hooson v. p. P. Wilkic, .£l7 15s. 9d„ costs M 10>. (id.; James Bryant Lane v. Ernest, Henry Dodd. £7 17s. fid., cosls Jil-3s.'od."; J.l Lloyd Clay v. Mrs. Ellen Bevan, 47 '75.,' costs Jk. Grut, &, oosb AX Jj, llj£j £4wi

Carring v. James .Edward Scott, <£59 15s. Gd., costs .£3 19s. (id,; Rosenberg and Co. v.'Eddie . White, lGs„ costs 55.; Maoky, Logan, Caldwell Ltd., \\ W. T, M'Gavin, M Hi. U<l., eosts Ma,.... JUDGMENT SUMMONSES. Colin Campbell was ordered to piiy and Co., Ltd., .£ls fe. Sd, by November 28; Michael Faiil to pay William. Franklin Browne, Walter Browne, and Entry Ernest Brewe, 418 ISs. Cd. by November 2G; R. Hendry to pay Rhlines and Co. Ji 7s. Cd. by■ November 2G; Thomas Williamson WSrd to pay Lynch Syndicate ,£l9 Ds. 3d. by November 2G; Charles Koronebo to pay Rhittics nud Co. £9 Ss. at the fate of ss. per month. . ■ '■•