LAW REPORTS.

Dominion, Volume 6, Issue 1693, 8 March 1913, Page 14

LAW REPORTS.

Lower court, CARD PARTY AT LYALL BAY. DETECTIVES ENTER MONEY FOUND ON TABLES. TECHNIQUE OF POKER. At the Magistrate's Court, before Mr. W. G. Riddcll, S.JI., yesterday, Jlitcliell Brown, an old man, who was represented by Jlr. T. AVilford, pleaded not guilty to a charge of keeping a common gaming house near Lyall Bay. Win. Staples, Stephen Nicholas, James Craig, Geo. Baker, S. Alexander, and F. Weaver, who were not. represented, od not guilty when charged with, being found on the premises. Brown's case was dealt with first, ami the other defendants were remanded to appear on Friday next,

In the course of evidence for the police, Sydney Hawle, detective, stated that in company with Detective Cameron he visited Brown's house on February 9. (a Sunday), at 3.15 p.m. On entering they found Brown, Weaver, Alexander, Nicholas. Staples, Baker, and Craig seated rcum\ tables. Each held cards, and in front of them on tho tables were little heap;, of money ranging from Gd. to 15s. 4d. With the exception of Weaver, each player acknowledged that the sum in front of him was his property. The totol amount: of the money oil the table .was .£2 12s. 9(1. When witness took Ixl. from in front of Nicholas, the latter said: "I'm going in on the blind," to which witness asked, "You're playing poker?" Nicholas said "Yes." Defendant Craig then said: "It's hard luck oil me, I have just taken a deal." A few minutes later Brown said, "Well, we must all plead guilty.' Wo were caught playing." Staples, who was sitting next to Brown, thereupon, said "Yes, that's right!" Continuing, witness was proceeding to state that, after leaving the house, Alexander overtook him and rem (irked ' Jlr. Wilford objected. He remarked that Alexander was not concerned in this case. Cross-examined by Mr. Wilford, witness stated that lie knew a little about the game of poker. Mr, Wilford: How <16 you know they were playing poker? • Witness: Well, each man had cards in his hand and money in front of him. Mr. Wilford: Could you swear that they were playing, poker?—"l can't Swear on my own knowledge that they were playing poker. Judging, however, by their " remarks they were playing." Detective Cameron gave similar evidence lie stated that lie had seen Brown on I'cbriuiry II), and Brown had said, "We only play now and again on Sundays. We play euchre and crib sometimes. AVc ploy on Sundays only - for amusement, anil mako Id., 2d., and 3d. rises." In answer to -Jlr. Wilford, Detective Cameron remarked that he was sure that the party were really playing poker. lie lad sufficient knowledge of the game to know that. To Chief Detective Brobcrg: Three complaints had been received by the police Ai , 01V11 111,5 «"gaged in gambling. Charles Janseu, fisherman, stated 'that he lived near Brown's place. He said ho had seen men (including Brown) playing cards for money. He had, noticed more than onco when passing Brown's house on Saturdays and Sundays. I'° Mr. Wilford: It was true that lie and Brown had had a quarrel, and wero not on very good terms. I Sir. Wilford: Did you }ell Staples that you were "going to have revenge on Brown" for something he did to you. l Witness: No.

Dill you inform the police that gambling was going on in Brown's house?— "No."

On being further questioned by Mr. Wilford, witness admitted he knew a little (but not much) about poker. JIY. Wilford 'proceeded to examine witness on the game of poker. And then asked: What is your reason for not speakin;; to Brown? Witness: I could tell you, but I am not here., to tell you. Jlr. Wilford: Aren't you hereto have your revenue on Brown?—" No." Jlr. Wilford: Well, what are you Riving evidence against Brown for? Were you shocked with the gambling?—" Yes,' I was shocked at the .gambling." To Jlr. Broberg: The real fact is that I was seen by Detective Cameron, and asked to appear as a witness. Detective Bailey was the next witness. He gave evidence on the game of poker, and said that the term, "I am going in on the blind," wasused in no other game but poker. Jlr. Wilford: Have you played poker? Witness: Yes. Mr. Wil|ford: How long is it since you have played? Witness (smilingly): Oh, about three years.. . Jlr. Wilford: Do you play for money? His Worship (smilingly): Oh, it really does not matter.

' This concluded tho case for the prosecution.

Counsel for the defence submitted thnt the information ought to be dismissed. There was 110 proof that the house kept by Brown was a common gaming house. A common gaming house was a place commonly used for gambling. Brown was a fisherman, living some miles from here, and had occupied 25 years , of his life in supplying fish for the local fish shops. Some twelve months ago lie quarrelled with Jansen, and for twelve months neither spoke to each other. Jansen had exaggerated matters in the course of evidence. Counsel then quoted one or two instances where it had been held that it was not illegal for a man to play one or two games of cards for money in his own house. His Worship remarked that he would give his decision on Friday next. OTHER POLICE CASES. RATHER DEAR TBAJI RIDE. Caroline Ford vas charged with failing to pay lier tram fare 011 a Newtown car. Evidence was givon to the effect that tho oonductor had called "Fares, please," twice in the compartment in which defendant was sitting, and she failed to hand over her fare. Defendant denied that the conductor had asked for her fare. In ordering her to pay .V witness's cxnenses 12s. Gd.. and Court costs 75., his Worship said 'to defendant: "It is your duty to hand your fare to the conductor." EVADING THE GUARD. .For travelling on the train between Wellington and Johnsonvillo 011 January 22, without paying his fnre, David Fislier was fined 10s., and costs Bs. For a similar offence Robert Cobb (travelling from Wellington to Otaki) was .fined 305., and costs 13s. CHARGE OF ASSAULT, Fitzgerald Clark, who was represented by Jlr. W. Perry, was charged with assaulting Edward Doherty so ns to cause him actual bodily harm. Accused was remanded to appear 011 March 12, bail being allowed in tho sum of XluO, or 'two sureties of J375 each. FIVE POUNDS OF TOBACCO. John AVatson, alias John Power, entered a plea of not guilty when charged willi stealing 51b. of tobacco, valued a! ,-Cl 10-., the property of Harriet Smith. His Worship remanded accused lo Jli\ 1 eh 12. HARBCiOR BOARD WOOL. Arthur Walter Tyenuan (Mr. P. J. O'Hejan) was charged with stealing, on February 20, Klin. ,;BP>. wool. v;ilur<! nl -Ids., tlm property of the Wellington Harbour Beard. Accused pleaded not guilty, and was re-

I inanded to March 12, bail being allowed in tlic sum of 4310, or 0110 surety of X'lo. BY-LAW CASE. How Lop, a Chinese gardener, l of ITataitai, .was charged wi'th using the hoso on his garden without having a water meter. The defendant was ordered to pay Court costs. BREACHES OF AWARDS. Edward Collin (Mr. Beere) was lined IG<„ and Court costs for employing on nssislant under II! years of age without notifying the Department. Ki-c. Chong and Co. pleaded guilty ro a charge of employing assistants' after hours, and ,wns fined 205.. in default three .lays' imprisonment. On a similar charge Wall Ken Bros, ivwo lined -'Us., in default three days' imprisonment. ti. H. Thornton, confectioner, was fintd 10s. for employing assistants after !uu:-s. SHE PREFERRED GAOL. Lilian Jukes was charged with absconding from the Salvation Army Homo, where she lia'd been ordered to stav fur n period of six months. Accused expressed a desire to go to gaol in preference to the home. His Worship sentenced her lo two months' imprisonment. COURT ODDS AND ENDS. ' John Derrick came up for sentence on a'diargu of rheft of .£l. His Worship sentenced accused to two months' imprisonment. ' On a charge of failing to provide- for the future maintenance of his unborn illegitimate t-luld at Timaru, Victor Sorenson, alias Spencer, was remanded to appear at Timaru. The following offenders were dealt with for failing to comply with the Defence regulations:—Charles Barton, ordered to pay Court costs, 75.; Walter Christophen, lined 10s., and costs 75.; Robert .\oble Bryden, ordered to pay Court costs, Ts.; Arthur George Hughes, ordered lo pay Court costs, 75.; H. Thomas Hicks, lined 10s., and cost's 75.; John Hickling, fined 55., and costs 75.; Carl R. Thomas, fined 10s., and costs 75.; Cyril M. Brown, lined os., and costs 7s.;' John Barrett, fined .V., and costs 75.; Horace Beck, ordered to pay Court costs, 75.; Charles Ureeurod, lined us., and costs 7s. Ris Worship said the remaining military cases would be adjourned until Friday next. Five first offenders on charges of insobriety were leniently dealt with, and on a similar charge Frederick Lyness was lined 205., in default three days' impi-is-oiunent.