MAGISTRATE'S COURT

Dominion, Volume 7, Issue 1985, 16 February 1914, Page 3

MAGISTRATE'S COURT

MAFiTINQALE BETTING OASE. ' DEFENDANT CONVICTED. .'. , lleservctl decis-ion was given by' jtr. E. W.-Burton, S.M.,;on Saturday in tho Martindhlo betting case. The;.main facts a'r§ that the jwhse prosecuted Henry, Jlartmdale, of ffeiiiiigkm, for the alleged publication of a doeuntent which con» tained notification on bclialf of S«)tt anr! Martindab as to- betting oil horse races at Auckland on December 26, 1913'. Tho case was heard last Tuesday, a larfjs number of witnesses giving eridence. Detective J. M'tlveucy institute tho proceedings. Ch.ief-'Detcc.* tive Broberg conducted the case fof the police, and defeirfaiit was represented, by Mr. Myers.

His Worship, in a lengthy judgment,, stated the- facts, appearing from the o.vMeitco adduced oil behalf of tho informant, briefly- were:—(l) The ant has for years past, and up to the. date of/.the hearing, carried on business as a bookmaker in. Wellington;. .(2) Bertie Porter, wife of David Edmund Tort?r,..of Koputaroa, received a telegrnni on Dcccnibef 1 containing t))e word ."Boake'd," and signed "Scott ond 'Martindalc'." This was in response to n telegram sent to'the firm, wbidi rr-ad; "Stott a Mid Maftii\dafc, A?eliinjcon.— Three Lady Louisa, to-day.---E I'c-i----ter" ; (3).0.ii December 3 Mrs. I'orter received at hfir jhtsband's -es ; -Joilco an r.nveiepe coJitaiiiiiig a double nhart, an account showing, a 'credit in Mr. Porter's favour .ef £13 2s. 6d., and a cheque signed by Scott and Martindalo for the anwiint mentioned. "In this case," said His Worship, "t-hero is not tbe difficulty that existed in Scott and Martindale v. Kemp, -of proving whence the double chart catne." In that case tin? contents of the envelope received by a client were three, double charts with- the■'■ letters•'"A.'B.C." in-a corner, and a eardou trhieh was'printed "Seott aiidifartiiuTalo, wool-btoicers, Welling ten." In the present case the double chart; account, and cheque were sent in one ■ envelope, aiid the cheque, being signed by. defendant and subsequently met. by his bankers, -tttus sufficient prim'a facie that defendant was" the sericlsr of the card, and "I hold as a Fact that ho did send it." There were ix-asotts why Mr. Porter might have kilowa or assumed that tho card came from ,'defendant, "Having arrived ■ot tlie conclusion that the double -chart was forwarded in tho manner above ifaontioned, by the defendant,,.whom the ftvidenco showed to be a bookmaker . . ,

; it was open for me (said ; Jlr. Burton) to conclude also that the : card had been printed/for de-faidanti and that ho ivas J still oarrjine mi ■ business as a maker."' His Worship quot-ftd the judmmeiit of Mr. Justree Sim in. the case of Boss r.Cassells,.where it Was stated : ''If he- was still. carrying on business as a bookmaker,-then rt is quite Unreasonable to suppose' that he would nrrf© gone to the trouble and expense of compiling and wtuting tho card, unless it was ■ intended for circulation amoiiffst his customers. . If it was intended for circulation hi that way, then tbe Magistrate is justified .'in "finding that such circulation had taken pbco, -and that there had been, therefor,©, d publication of the circular within the moaning of the section," The contention that the envelope containing, 'inter alia, ths> double chart, was'intended for Mr. Por<fcr, whom it never ■ reached, and thattherefwe, there was no ptiblication of the chart, in that Porter's wife, who was not- a- customer of defendants, opened tho -envelope, and kept the contents other than the cheque a- secret from her husband, fras completely answered in the judgment in Scott and Jlartißdala y. Kemp. *Tt was stated therp :—"Tljis document is, in effect, a circular. If its circulation "is illegal, it is publislied to those to whom it is' sent; nml boyond them to such as in- the ordinary covtrsc may and do sop it." The. Magistrate held that tlw pnblicatinn had hoeia fully proved, and convict-■ p(l defendant Upon tho charge laid in the information. A fine of £20 wns ininosed, with costs amounting'to £t Bs. 6d. Tho lipariiig ef ji secant! similar rharae agftinst tho. same defendant will be taken on a date to be arranged. ■pftOHIBITBD iJIMJGHANT. Chsigsd with Tseifiga- prohibited ha*

migrant, Axel Hertig, in consequence of : I'oing tin able to comply with the education lest., as 'aid-down, in the Immigration Restriction Act, was 'ordered to lie placed on board the steamer Otaki, sailing this week, and tobe coin-eyed to the pla.ee '.ivlißiloe .ho came. Nothing was .Jcnmrii against the man's character. A VALUELESS' CHEQUE. William .Abbott was charged with haying-isewed a valueless cheque, drawn on February 7 S for £5, on the Bank of Australasia, to. Abraham Whittaker, and.getting £4 in. change and £1 in goods. He Was. also charged with issuing a cheque for £5 on flio sntio bank ai*d getting £2 in.-money and goods to the value of 3s.'9d. from Nellie George. Accused pleaded, guilty to both charges. Inspector Uendrey stated that there- was a probability of several other ehai'-gcs rf a similar nature in the AVairaTflpa. Abbott had made a statement to the poliee saying that ho arrived in the Dominion three years ago, whereas in 1905 they found that heliad served a sentence of six months in the- .Napier Ga01... In various places ho went under different nemos. On the application of Inspector Hondray the accused was remanded ua.til Wednesday.. . ' ' ' NEIGHBOURS , QUARREL. ' Cornelius O'Connor, a'property, owner living in Wallace Street, gave evidence that a strong-looking young man,, named Michael Bovre, an expressman, living in the same neighbourhood ami who had been ejected from property belonging to ; complainant, had-made use of insulting language to him tending to. provoke a breach of the peace on January 19. He asked that suffioSolit snretiw be found by the defendant-to keep the peace. Evidence was given by seveiral neighbours of the complainant,'Jfh* was an old man of 70 years, all testifying to'the provo- i cative eondnet of B?wo. His AVorship who remarked tliat the case was merely ■ a neighbours''eduabbleV and-that itshould not ha .-o , ten brought- to court, said that he thought the ends of justice would be met by' dqfenSaiit being bound ; ; over to keep "tho peacft far twelve: months.-and ordered to enter into a, bond of £100 for himself and to find two sureties of £60 each. Ho was also ordered to pay £3 55., the costs of the proceedings. Mr J- J- M'Grath, appeared for complaiuant, ■ and Mr. F. Kelly for defendant, ALLEGED THEFT OF A SUIT. Robert Gray, charged with stealing a suit of cloUieSj , vaUiefl at £3 10s., the property of Gsafße Steel, was oho remaiidcd vmtil'WoaneEda.y, ba.il being allowed tit the sura of £100, self in £50, and one surety of £30, cr two of £25 each, MINOH CASES; , ' , Eat* \Sween«y : was 'charged with drunkenness and witli' wilfully dsmtag* ing a lie-lnict, valued at Bs. CtL, the property of the New Zealand Government.- She pleaded gviilty a)fid was fined 10s. s or 48 hours-. imprisonment, on the first ehargßj and £1, or 48 hotirs' imprisonment, on' tfib 'eccoii.i. flic value of tho helmet was abe to bo jiiade good. On a charge of being oil idle and disorderly person, Mary A ndersou was convicted and ordered to <Sbme up for , sentence when called upon, i pi-oliibition order, with her own consent, to be issued against her; .EdnMHid Barlow was sentenced to one month's imprisonment oiva similar offence, rind also'for having been found in a 'house frequented by reputed thieves in Frederick Street. For drunkenness, John. P.rico and ArthurManning were each fined 10s., iu defaalt 48 hours'' imprisonment; I'cttr liul-cahcy,-£l, in default three days' imprisonment; and William Kennedy, both ■ for drunkflniics3 and for having used obscene language' in Manners Street. w,45 fined os. on the 'first ciuirge B nndon tho sccoiid £o ; an;!' fls. costs, default twenty-one days' imprisonment!