LAW REPORTS.

Dominion, Volume 6, Issue 1645, 11 January 1913, Page 15

LAW REPORTS.

,THE PENCILLER. '(Before Mr. W. Q. Rlddell, S.M.)'"'. DETECTIVE CASSELLS & METHODS QUESTION OF RUSES. HOW TO DETECT SUCH MEN? Rather unusual incidents featured a case heard in tho Magistrate's Court yesterday, .in which Gilbert James Young was charged with being, a.bookmaker, having betted.; in the , New Zealandcr Hotel on December 20 and December 27, 1912. Thoro wore two distinct charges—one concerning each day. Sub-Inspector Sheehan prosocuted, and Mr. M. Mjcrs defended.

Tho case relating to December 20 was first proceeded with.

Eudence was given by Police-Constable Winn. He stated that at about 8 p.m. on Decombor 26 he had gone into the New Zealander Hotel and noticed Young there. Young was standing at tho telephone, and had raco cards m his hand. Witness asked, him for a raco card'on the Auckland meeting, and Young Teplied that he had none. "I turned to walk away," continued Constable Winn, "and at the same .time Tsaid).'Do .you know who won'tho Auckland Cup?' 'Young answered 'No.'" Witness thon said that he would like a bet, and Young had replied that he could "fix him up that v.ay,"" but added? "It is very risky betting with a stranger, but I will chance it. Who do you generally bet with?" Witness replied, "I am a stronger hero. I am only here on a holiday." A ss. bet on Masterpiece was then made Witness then told the!man.'that he sup- ' posed that he would find him there later, and Young said, "I am always hero. I am betting for Phillips." To Mr. Myers: Witness deceived Young to help himself to get the bet. Mr. Myers • Is that what yon ore taught as a police officer? Witness: No. It was your idea?—" Yes." It was you who went to defendant, not defendant -who went to you?—" Yes." Did you know that defendant lived at the Naw'Zcalander?—"No." Detecttvo Cassefts's" Reason for the Warrant. Detective-Sergcsht J. J.-.Cassells deposed that Young was a bookmaker, who frequented the New Zealander Hotel. He arrested Young. It was'under his instructions that Constablb Winn had gone to tho New Zealander Hotel, and witness acted under instructions from his superior othcers. Sir. Myers: Do you suggest that your superior officers told you that lies should bo told in order co trap peoplo into committing an offence? Detective Cassells- No. - I On December 27 was there a stipendiary magistrate in Wellington?—"l am unable to say-" . tiv ±- = Did you make ally inquiries at the timei* —"1 made inquiries, and found that Dr. M'Aithur was away, and I was told that Mr. Eiddell was hot about. I understood that both magistrates were away at the time. I have alwajs previously got the warrants from magistrates." On this occasion you got it from Uaptam Hennah, J.P.?-"Ycs." .... From your point of view defendant committed a completo offence on December 2G?-"Yes." Why didn't you take proceedings theni 1 —"I wished to obtain evidence of another bet— tho ( .Did you, tell Captain Hennah. that Young was a man whom you could find at any moment to servo a summons on?— "I did not toll him anj thing of the kind." . . ' Why?—"l did not think it necessary. '■■ Do, you ; know;.'that,.it;'has. been said' over and.'oyer', again' by, judges; of .'the Supreme Court/that it'is I wrong to. arrest a man!''On:a, charge that'; oan bo dealt with summarily when he. can'bo 6erved -"witV-n."summons?—"l,know''that.'';. • Did Captain' Hennah made any inguir-; ies from you' as: to :whetheT or not this mini was a person who could bo'found at: any moment ?—"The information was there for him; to'read.'';-,

V Why, in this oasei" did -yo^: arrest this man?T-"The-principal reason waa'vthat,-. if he'was not: v arrestedi: very .little evidenoo would be cot'; i Most "of the; evidence is got ontHem'.' -.:.•-./ '"■:'>] '"''■■*• ■-..;' -;.'-■ The ;.warrant' whichyon obtaifaed .ynis merely, a warrant to apprehend and bring him.' before'theiCourt,, iiot..a warrant,'to] search?—"A: warrant;-w:'-..atTest ; eivee power to' search."":■;' ~;'' •*.";;>■'■ ~■ '■ ■'.■ ■' '■ : Touknow that, the inspector' refused to hand over, i defendant's property fr-"The inspector told, me to show it to you," '■;. , N, ; All-Fair Love .and ;, ,-■ : iTon knew .'on'..December 25 that a\bot had' been made?—" Yes.". ! '. -V. '•Was that-not'evidence'enaugh?—''ln my, opinion it iWas hot." . ' ~ •'Therefore'you tesorted to these methods? 'r-VYes; everything is fair aud rwar."-."/.'V" ; .' "■' \ ! - : .r y '' '■; ■-.-'.'; j"; Is' that:your -conception of-the duty Loi.-.a; police..offioer?TT.'.'.Yes..v 1... know the .bookmakers. ■ Irknow how difficult it is | to/catch- themi'f.-'lt is fair-tactics to employ; against them.' ! have.done it:before;,'and I will'dp It again." ; Mr;'Myers;Pleads Guilty, But Attacks ;.,-! ;■' ; : ;,.,' : ;-::.The Police.- ," ! ■■ ' ■Mr. Myers stated, that : he desired- to enter, a': plea of .guilty. He would have done so.lsboner, but -that- he to bring-tho .facts 1 of tho, case, prominently ,ipof6re-'tho''publi6. i ,/''He had [ no,.hesitation in saying that the tactics were; an' outrage .on British justioo. ; The police had deliberately and unnecessarily adopted a course whioh, over and over again, judges of, the Supreme Court had deemed grossly improper. The least which an officer who went, in private clothes for the purpose of-.catching, a bookmaker could do was to conduct himself aa ton honest and honourable,; and truthful man. It was not in tho publia interest and it was a disgrace ' that police': should go :in plain clothes to try to get a maa to break the law. ;Then, .warrants should only . bo Sparingly nsed. They, should be issued only when there was some' real likelihood of difficulty in finding. tho man or likelihood of his clearing out. Tho police got an,: innocent J.P., who'relied upon them, and ho issued a warrant. The object of this was to take and detain documents from Young. The conduct of the police should be considered when the penalty, was being fixed, and in: Common decency tho police should not proceed with the second charge.-■,

His Worship paces the v His Worship Said that the evidence showed; that the methods employed in the case wore not proper. The warrant 6hould never have been issued.' There wa3 no suspicion that defendant would leave, tho district.' He'doubted if such a warrant would havo been issued by ,a magistrate if ho had know.n •'. defendant could be easily found. A Justice of the Peace was in another position;'ho did not know tho circumstances.-It was. hot to bs expected, that a Justioo of the Poace could distinguish every timo.' .between occasions which called for the issue of a warrant and those which t did ' not.' No doubt tho detective acted quite honest-, ly in this matter..

" "Tile othor question," continued his .Worship, "is as to the attitudo of :'■ the eonstoWe. Tho constable ■ stated quite frankly, that ho told oil untruth when making the bet, Of course in these cases thero is a difference to ordinary evidence. This kind of caso is somewhat in tho category of sly-grog cases. In these cases police officers in plain clothes, or in garments not usually worn by them, enter promises whoro sly-grog selling is supposed to bo carried on, and make-state-ments- by tho aid of which cvidenco is obtained. These matters ha.vo been commented on by judges, and it has been said that this is the only way of detecting such offences. There is great difficulty of detection. Of courso one cannot distinguish vory much between telling 'a straight-out lie (although it is repugnant to a sense of justice) and going in disguise and getting liquor. They are on n par, to my mind. They arc.both repugnant to ordinary men. However, these nro not matters which affect tho penalty, because the minimum fine is, fixed by statute. JDefendant will be'conjicted and the mini,

mum penalty imposed upon him. I think that this is amntter in which oneconViction should be sufficient. I think-r-"' ;■■■■;.,'■ Tho.Pencllior,:Fined £20. Sub-Inspector Sheehan: I have instructions to ask for a penalty; in each- case.' Numerous cases of tho kind have jieen'' brought before your Worship,' but the prosecutions have not been cll'eotivo. Tho nuisance—for it is a public ' nuisance— still goes on. ''•'.' His Worship: Yes; well, I expect it will go on till the end of Time. •'•.-■ ' ' ... '■;■"•' Mr. Myers: Thoro is no evidence of continued betting against this man; ■' ; ' His Worship: I doubt if. tho '•■'position would have been tho samo had tho defendant been proceeded against by. summons, oa ho should have been. Sub-Inspector Sheohan: It is only.fair that I should say that warrants of this kind have been made by magistrates quite, recently. His Worship: No doubt. But where a man is known and can bo found, the propor method is to proceed against him by summons. , Sub-Inspector Sheohan iHois a singlo ;mnn, and there was nothing.to prevent his getting away. , nis Worship: That is nothing'to do ! with it. Tho law is clear. Sub-Inspector Sheehan: I•' leave tho matier in jour Worship's hands His Worship: The second information will bo withdrawn by leave of tho' Court; On the first information defendant is fined £20. [ .

FLORIST OR' UNDERTAKER? Edward Morris, undertaker, was charged with having failed to close his shop' on a Wednesday afternoon. Mr. V. R. Meredith,..who .represented defendant 'Morris, stated that,- if ever there was a case which should not have been brought, this'was;'one.' - . In New Zealand oil the avenues of human energy were regulated by statute. Nature was not.so regulated; and peoplo died irrespective' of''half-holidays. 1 If. it was'tho fact that' the shop was open for the sale of artificial'wreaths which was objected to, the objection was ill-founded. If wreaths were, goods,, so were coffins, and all-were funeral furnishings.; If tho prosecution said that the shop was^open-solely for the sale of wreaths,' then they said the defendant; waca: florist; arid florists were exempt from, the' half-holiday restriction.-' ■! .'■•" ./ ■■ : ' ; ' The case'was dismissed. .;. ' '~; V.y other'cases. !: A charge against David Matthews of having assaulted Philip Albrecht was dismissed.'' ..'.:■■■ For having attempted to board a moving tram; Reginald M'llvrido was ordered to pay .the expenses of the proceedings, -JBI 35..; ■ / •'','■ Alber.t Meyer was fined j'M Bs. for insobriety. ■;..' '■'■ )• ■ Franz Arthur. Schmidt was brought before the' court charged with having deserted tho German warship Cormoran, but as'the. vessel has left these watershe was discharged.. . Archie Cameron, was fined jG2.for having assaulted Cecil Grahame Tonge. Harold Hugh: G. 'Deane was remanded till January 17 on a . charge of having deserted.his wife' in Sydney.!. .'.'„,',. Henry Peter Webster pleaded guilty ".to charges of the -theft.'of a suit-case "and contents,. valued yat ! £5,:\ from.. vGeorge M'Carter; a Gladstone bag and contents (£&), from Frederick Payne; and an over,'coat:C*s),- from FTank Brt&ley. He was sentenced to six.months', imprisonment.'' An order was made'for. the'-'return to: Sydney of Richard-,Storehouse, .who; was charged with deserted his wife. ) Louis:Reunie". was: sentenced. : to. ; pho month's.; imprisonment. on a- charge of 'ha-vingi-'deserted from the'steamer Otaki on December 28. ,'■ ' •, '•:',• '; ;Percy Bevis was fined M, with costs ,75., on a charge of his having failed to keep a wages and overtime book. Thomas Hitchcox was fined 10s., with costs 75.; for having left a vehicle unal> tended in Tory .Street, and was ordored'to payi,court costs 75.,., respecting. ; a_.charge, of 'li'aVing- alloired' '&& Vehicl6' to stand' without lights in the thoroughfare. ■ ;