LAW REPORTS.

Dominion, Volume 7, Issue 1931, 13 December 1913, Page 3

LAW REPORTS.

MAGISTRATE'S COURT.

CHARGES UNDER CAMINC ACT. Tivo gamins charges camo boforo Mr. W. 0. Itirtclell at tile Magisti'ato's Court yesterday. Harry Wales was charged that 011 October IG, at Wellington, being a bookmaker, ho had hotted in tho Clarendon Hotel. A plea of not guilty was entered. Messrs. 31. ifyers and E. J. Fitzgibbon appeared for accused. Oetcctive-Sergeant Cassells stated ho knew Wales as >1 bookmaker frequenting tho Clarendon Hotel. Mr._ Myers: Havo you ever had any bet with him? —"Never in my life." Mr. Myers: Then it is only on hearsay that you know ho is a bookmaker? —"I know it well." Constnblo Charles Hurloy stated that ho had first seen accused on October 16. On that day 110 went to the Clarendon Hotel, Constable Ilevell accompanying him. Ho saw accused standing near a sido door leading into tho private bar, and talking to a man. When witness entered the bar" ho noticed a man say something to Wales, and tho latter pulled a race card out of his pocket-. Ho saw the man point to one or two places on tho card, and then hand money to defendant. When Wales received tho money he- took out a book and made an entry. Another man then came up and a similar thing occurred. Some little time later tho barman said to Wales: "I will havo 10s. 011 so-and-so, 10s. on 'so-and-so, etc." The barman then handed defendant money. Witness had asked accused if ho liad a double card, but accused had replied that he did not keep them. Constable Eevell, who accompanied tho previous witness into the bar of tho hotel and previous ones, gave similar evidence. Mr. Myers asked how many drinks they had had previous to entering the Clarendon Hotel. Witness: Wo might havo had two. A man can't go intj an hotel and stand there without having a drink. Mr. Myers: That is why I put it to you. You had a drink in every hotel you visited. Havo you told any one that you scarcely know what happened that day, you had so many drinks ? * Witness: I have never been drunk in my life. I did say to some one (but said it sarcastically) that I must havo been boozed at the time."

; This concluded the evidence. In addressing the Court, Mr. Myers called His Worship's attention to the fact that though the alleged offeucd had been committed on October IG, the summonses had not been issued until December 2. This was unfair. Ho atyo submitted that there was no proof that accused liad been a bookmaker on October 16. The evidence given by tho constables was, he thought, entirely unsatisfactory, while that of Detective Cassells was purely hearsay. The most that could bo said was that the ea-so was one of suspicion—one of strong suspicion if they liked.

His Worship reserved decision. Samuel ■ Isaacs had two charges preferred against him. One charge stated that on October 13, being a bookmaker, he had betted in the Grand Hotel. Another charge related to publishing a document containing notification as to betting on tho Flying and Spring Handicaps at Masterton. Accused pleaded not guilty to both charges, and was represented by Mr. E. J. Fitzgibbon. Detective-Sergeant Cassells stated that he. know accused as a bookmaker. Accused operated in the vicinity of tho Empire and Grand Hotels. .Constable RcveJl stated that on October 13 lie was in the Grand Hotel with a man named Flynn, when accused asked them to take some doubles. Witness had answered that ho did not have enough money, but that lie would seo accused that evening jit seven o'clock. Ho had .subsequently seen accused and had given him ss. for ,a double.

Constable Hurley also gave evidence. John Cook, boilermaker, also gavo evidence. He was cross-examined by Inspector Hendry. Ho stated that when he met Constable Revell lie (the constable) was perfectly sober. Witness admitted that ho had gono to the hotel to warn Isaacs not to give doubles as a constable was about. Witness had done this becauso Constable Revell had told him that ho had got a double from Isaacs the day before.

On tho application of Sir. Fitzgibbon His Worship consented to adjourn the caso to December 17. "TERRIFIC DRINKING BOUT." Three charges of theft wero preferred against a middle-aged man flamed Thomas Yates, alias Y'eates. Tho charges were:—(l) On December 2, theft of twenty yards of poplin, valued at £1, the property of Carter and Co.; (2) oil December 5, theft of one brief bag, one pair of trousersj ono shirt, one collar, and ono necktie, valued at £1, the property of Arthur Firth; (3) on December 4, theft of a ladies' rainproof coat, valued at 18s. 6d., the property of Messrs. Green and Davis.

Mr. P. W. Jackson appeared for accused, and stated that the facts wero entirely the result of a terrific drinking bout.

_ln imposing sentence on accused, his AVors'hip ordered a prohibition order to he taken out against him for a period of twelve months. On tho first charge accuscd was fined 405., and ordered to pay £1, valuo of the poplin; on the second convicted and ordered to pay 10s., and on the third ho was convicted and ordered to refund 2s. to a second-hand dealer to whom lie had disposed of the article. SHOP DOOR THEFTS. ' Charles Pearson pleaded guilty to three charges of thefts from s'nop doors. Two charges relate to tho tlieifc of overcoats, valued at £3 and £3 10s., the property of Yi'illiam Hornig and William Thomas Quinton, respectively. The third charge concerned tho iato of a glads Lone bag, valued at £2, tho property of Jacob Spolsky. Sentences of one month's imprisonment wero imposed for each offence. Daniel Patrick Cummins wa:t charged with stealing on December 11 a pair of boots, valued at lis. Gd., from tho Ghop door of William Alexander Gemniell. Accused, who pleided guilty, v.as fined 405., with tho alternative of fourteen flays' imprisonment. Two witnesses' expenses, amounting to Bs., were ordered to be paid. A sentence of one month's imprisonment was imposed on James Olliver Armstrong, charged with stealing a paeka'go of mutton birds, valued at £2 10s., from Thompson Bros., Ltd., on December 11.

"SKULKED OUT OF THE COUNTRY." Albert Gibbons, a young man, appeared to answer a charge of having left Now Zealand after a summons under the Destitute Persons Act, in respect of his illegitimate child, had been served on him. "This man, like other cowardly men, skulked out ot tho country to leavo tho poor girl to faco her shame and support the child as best she could," said Inspector Hendry. Accused, who is at present undergoing a sentence-of six months' imprisonment on another chargo, was sentenced to a further term of four months' imprisonment. OTHER POLICE CASES. J. Ilruce pleaded guilty to a charge of using insulting language to one P. Clohcrty, a railway servant, _ whijo in the execution of his duty. Mr. T. M. Wilford appe.'' V. for accused and said

there was no excuse to oiler ■ for. the j: words used. Complainant had 7.'. used j words to accused who had..retaliated with stronger IaiiK"RKP Ih?t. ln:- should | not have used. Aeciisi , (l- , ivas,-viiiicd>'J.Os.- , | with costs lSs. for insobriety Mary M'CuUcy;;tw;is fined ss. with the usual nlternatii-p. Four first offenders were r-isuilarl.v dealt with and one was convicted . andvl.dis-': charged. ■■"■r'yfiif" l'or failing to render •personal ; service under the Defence Act. Kichrml Arthur Sargent was' Sued us.,' 1 ■ avilli costs 7s. Hubert Simpson was convicted and ||E ordered to pay costs 10s., for drivin;; a | [il horse and cart on tiio wrong side of j j': tho intersection of two streets when |j; meeting another vehicle. ... j g