MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1742, 6 May 1913, Page 3

MAGISTRATE'S COURT.

GAMING ACT AGAIN. ONE OFFENDER IS FINED £20. In the Magistrate's Court yesterday Mr. W. G. Riducli, 8.11., delivered judgment: hi several of the betting cases which were heard by iiim lu-t week. His Wor--sliip dealt with Hie charges of slrcet b^tLiny ag-mitt James Andrew Smith and Samuel Rogers. - His Worship said that the caves against Rogers and Smith wore not 011 a par with those in which bookmakers had been charged willi making bet- in a public sireer. Tlie aetion of Buddy and Con--11 .lilv governed these eases, ill that ease Hi", evidence wiio stronger than the evidence i:, the cases against Smith and Rogers. Although there was cvideucc of a lift having bteu made, lie did not think Illicit w;.s strong enough to convict the lendauts, theretore liie informations ■i,'"'list Kr.gers and Smith would be dismiss'}!.

Salvatore Salvey Fined £20, His Worsnip said that the ease against Salvatore Salvey, of having made bets in the Duke of Eciinborough Hotel was in a dilierent position. Salvey not only made a bet, but lie paid out on one, and was prepared to mal;e another. He would lie convicted ami lined the minimum penalty, J:2O. inspector Hendry said that there were six iiilormatkms against Salvey, but ho only asked for one conviction and one penalty. His Worship: Very well, the other intorma.tiLns will be withdrawn by leave of the Ct-urt Mr. K. ,T. Fitzgibbon, defendant's counsel asked that Salvey should bo given se-'on lays' time in which to pay tho tine. The Court agreed to this. Tho Two Hotel-keepers. His Worship aiso gave judgment in tho cases in which Christopher Jausen (licensee of the Wellington Hold) and Richard D'.vyei (licensee of the Duke of Edinljoro".,'li Hotel) were charged with having poiir.itteu and connived at betting ou their premises. His Unship said that there was no evidence of any knowledge on the part of tin publicans as to whether any betting had been c.uried on on their premises. E\on th'ruch it were admitted that bc-t----linj had been carried on in the hotels, delendants could not be convicted. There were, seveial authorities oil that ,>oint, and these had been cited by Mr. M. Myers (couascl for the defendants) at the hearing of the case. The main contention was that "betting" was not "gambling." " Gaming and "gambling" were synonymous terms, but "betting" was not "gaming" within the meaning of the Act. The charges wculd be dismissed. Mr. Myers remarked that if the decision on the legal aspect had gons against his clients there was still open to them a defeiico on the facts, lie did not think that tho police even suggested "knowledge." Inspector Hendry: I liavfc no doubt that the wlyile matter will be gone into before tho licensing Committee.

Charge Against Joseph Richards. Joseph Richards pleaded not guilty to tiro charges to the eh'ect that, being a bookmaker, lie betted in tho Dominion billiard-room on March 29 and April 3. Mr. 11. F. O'Leary appeared for Richards. « Detective-Sergeant Cassells stated ill evidence that Richards was a recognised small bookmaker. He was so lucky with his betting that he was known as "Protected." Richards frequented the Dominion billiard-saloon. Constable Thomas deposed to having seen Richards in the .Dominion billiardsaloon handiug a card to men and taking money from them and noting something in a book. Witness look two double bets' with Richards on difierent dales.

Mr. O'Leary submitted that a 1.-illiard-roum was not a public place, bccauso it was not a placo where (he public might assemble, lie submilted Umt "public" in this case meant. "Ihe members of tho community" fa definition drawn from the Oxford dictionary). A .billiard-room was not open to people under IS years of age, inebriated or disorderly people, and was not frequented by women. His Worship reserved decision.

OTHER CASES. ROBBED ST. PETER'S CHURCH. Stephen Golding and James Lyndhurst v>ore accuscd of having stolen money boxes valued at. 3s. (id., and containing sixpence, from St. Peter's Church, and with having damaged boxes valued at ss. at tho sanie church. Mr. H. F. O'Leary appeared for tho accused, who pleaded not guilty. Evidence was given by Mrs. Brindlo that she had seen the accuscd men go into the church oil tho night of the robbery. They were both intoxicated, so sho informed the vicar. Detective-Sergeant who arrested the men, said that, he had seen them under the inllucnce of liquor on the day referred to bv Mrs. Brindlo. Mr. O'Leary said that if the accused wero guilty of tho offence alleged against (hem, they deserved to be punished, but there was really no proof against them. His Worshin" said that as the accused had failed to" go into the witness box and give evidence, ho held that they had not discharged the onus which lay upon them. The accused were lined .£2 each on each charge.

ALIBI NOT PROVED. Ernest Hunter, Albert Robinson. and William Newman wore each lined X 1 on a charge of Hie Iho It of a bag of chaff belonging to E. E. Tonks. Evidence for I'm prosecution was to the cfi'ect. that tlio chuff had been stolen from a stable and taken o.wav in a trap. Mr. V. B. Willis, who appeared for the accused, called witnesses who swore that two of the men in the dopk were at home oil the day of the theft, and that one of the pair was ill in bed. His Worship dismissed the caso with the brief observation; "The defendants must bo convicted." FAMILY AFFAIRS For having disobeyed orders for maintenance Normar Ellis was sentenced to two weeks' imprisonment; tind Alfred Edward Laney to seven days' imprisonment. Catherine Riordan yas ordered to pay 4*. towards (ho support of each of two children. Charles John Hill was ordered to nay 10s. per week towards a child's support. William Kirkpatrick was ordered to pay 10s. per week towards the support of his wife and ss. per week towards the support of his child. John Berg was adjudicated the father of an mi born child. DKTNIC CASKS. For having broken prohibition orders, Louisa Beard was it;K"i .C_; Edward .Moiiau, ,C 3; and -John Pr.vse, .til. For insobriety Annie deary W'ns fined .El, Mnv Gibbons 10s., and Patrick Burns, 10s. . DISOKDERLINESS. Frederick Lyness, who was deemed to lw an idle and disorderly person, was convicted and ordered lo appear for .-euience when called on. John Campion was fined 10s. for having broken a pane of jrlnss at (lie Salvation Army barracks; also, lie was ordered to make rc-titutioh (Ms.).