MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1647, 14 January 1913, Page 3

MAGISTRATE'S COURT.

(Before Dr. M'Arthur, S.M.) . ON THE QUAY. ' THE CRUSADE OF THE POLICE, '. ' UNDER GAMING ACT. A At the Magistrate's Court. yesterday, James Scott was charged with having' oh' December 13, 1912, published a document relating to betting on horse races at Auckland on December 26; and with having beon.on Lambton Quay for the purpose of .betting. ... . Sub-Inspector Sheehan prosecuted, and Mr. M. Myers defended. Alfred Leonard Aussell gave'evidence to the effect that on December 13. last he was with Constable Winn and a man* named George Drown. When passing the Trocadoro Hotel he saw the defendant Scott. Ho went straight over to Scott and asked him for "a double card on the Auckland races." Scott took a card from his pocket and gave. it to witness, who then returned to his companions. The card produced in Court was the one used in tho transaction; ho knew that by the marks which he had made on it. After conversation with the other men, ho had fancied Bobrikoff and Gipsy Bello for tho Auckland Cup and ithe Railway Handicap, and had marked them on the card. /To Mr. Myers: He had not backed the horses. He was not a betting man. Neither lie nor Scott had mentioned betting. Sub-Inspector Sheehan: What is defendant's occupation? Witness: I do not know. Detective-Sergeant J. J. Cassells deposed that he knew defendant to be a bookmaker who frequented tho neighbourhood of the .Trocadoro Hotel, Lambton Quay, as a bookmaker. Mr. Myers said that under the Act of 1310 every person who frequented or loitered in any street for tho purpose of betting was guilty of an offence. But tho charge of this naturo against Scott would;ho submitted, have to be dismissed. Detective Cassells had said that defendant was a bookmaker. That was not in dispute. On tho other' hand, however, the charge was a specific one concerning a particular day. Was it not ludicrous to ask the Court to convict Scott? The other chargo was laid under tho Gaming Act of 1908, which prohibited tho printing, publishing, selling, or exhibiting in public of betting cards. There was, however, ■no evidence on the card that it had been issued by any particular person, and the circumstances wcro not such m to warraat a conviction,

"Whatever might havo been- said in another case," remarked Mr. Myers, "no suggestion of impropriety can lie made against tho polico in this case." Sub-Inspector Sheehan: Constable Winn had nothing whatever to.do with sending tho man for the card. Mr. Myers; I accept that. His Worship said that he would giv,e "judgment to-morrow. . ILLICIT GROG. MARY BAKER, TABANAKI STREET. Mary Baker pleaded guilty to two charges of having, on Sunday, January 5, fold liquor while not being licensed to do so. Sub-Inspector Sheehan stated that Mrs. Baker kept No. 17G Taranaki Street, as a boardinghouse. When the house was entered by tho police, nine men . were drinking beer in the kitchen. Most of tho men were strangers to the' place. Some of them were the worse, for liquor. Tltcro was no trouble in getting drink j it had only to' be asked for., lu the last four months Mrs. .Baker had had 46 dozen bottles of beer sent to herplacel After Mr. P. W. Jackson, counsel for tho defendant/had addressed .the Court, his Worship . remarked v thafc even if the boarders had taken liquor to the houso tho fact remained that defendant'had bought 46' dozen bottles of beer in four mouth's. ... v Defendant was fined £10 on each charge. John Weston, Henry M'llroy, George Barrett, and Edward Nolan were accused of having, been on Mrs. Baker's premises for the purpose of. illegally dealing .in liquor. Nolan did not appear.: Mr. p. W. Jackson appeared for the other defendants, who pleaded not guilty. Two of thede- ■ fendants said that they had gone to Mr 3. Baker's place for dinner, and were waiting there after the meal to go for a drive to Bellevue Gardens. Tho third said that he waa waiting to go for the drivo. After hearing. evidence, his Worship said that there was an clement of. doubt in the cases of Barrett and M'llroy, and th«. charges .against them would be dismissed. Weston and,Nolan were eaoh convicted, and lined £2. SHIP DESERTION. John' Thonins Tomlin was sentenced to one month's imprisonment for having deserted the steamer O'taki. Chief-Doiectiva Broberg said that Tomlin was .working on the Maori when arrested; '"BEHAVIOUR." , James Day and Andrew Larsen were each fined £i for having broken the - peace of,Taranaki Street by using threatening behaviour. Antonio Stuparich was sentenced'to one month's- imprisonment' oil a charge of having incited Larson'to resist-arrest. William Clark was fined £1 for having used threatening behaviour in Ghuznee Street. ' ' , ■ .ON LICENSED PREMISES. Daniel Doherty was fined £% for having been illegally in the Princess Theatre Hotel on Christmas Day,' ■•'.'. ■'• ■ > John Henry was fined £2 for having been in the Cricketers' Arms Hotel on December 15 when the premises were required to be closed.; ' RECEIVING HOME CHILDREN. William Handley was ordered to pay 3s. per week towards the support of three children in the Wellington Receiving Home. Bertha Lilian Tain'son was ordered to ■ pay 3s. per week towards tho support of a child who is in the Wellington Receiving' Home.' . '." ' ' . .. " OTHER CASES. , On a' charge of insobriety James Lloyd : was ; convicted and discharged. Walter Henry.Goodo sued his uncle Edward Goodo for alleged assault, and applied for sureties of tho peace against' Emily Green. The plaintiff alleged that ' Edward Goode had threatened 'him with ' a knife, and that Mrs. Green 'had used . provoking language to him. His Worshjp cautioned the'defendants and'dismissed i the 'cases. For breaches of prohibition orders Joseph . George Woods was fined '£2, ahdvJaines ; M'Grcgor .£2. . ~.;.;, ■ W. F„ Bell was fined '. 55.,: with, "costs ■ Hs., for having, allowed a horse to wander in Adelaide Road. . For having disobeyed a maintenance or- ■' dor Francis J. Hartnett was sentenced to one month's imprisonment,' the to bo suspended while 10s.. per week is paid off arrears. ; .'-.;.'■