A GAMING CHARGE

Dominion, Volume 10, Issue 3014, 27 February 1917, Page 9

A GAMING CHARGE

A FINE OF £40 . NOTICE OF APPEAL GIVEN _ Mr. L. G. Reid, S'.M., yesterday delivered his. reserved judgment in the case against William Ham, who was charged with having loitered in Mercer Street for the purpose of betting. At tlio hearing, Chief Detective .Boddam appeared for tho police, and Mr. T. Neave for the accused. His Worship said that Mr. Noave had contended that the defendant could not be convicted of loitering for the purpose of betting unless some betting transaction were proved to have taken place. His-Worship could not seo that sucli proof was necessary if there were Bitch circumstances as led to the irresistible conclusion' that the accused loitered for the purpose of betting. .In this oase, tlio accused had loitered about Mercer Street, had spoken to numbers of men, and at the time had something like a betting card in his hand. Accused had also hold a roll of notes and passed some of that money to one of tho men. . He had roiio from Mercer Street, then returned, and gone into a right-of-way. There he had been in possession of a betting card, which tie was using while he talked to a man at the same time. Tho man, when accosted, had not answered, but tho defendant had said he. came to ask for somo information. Evidence had been given that on the date in question races were beinsr held .it Gisborno and Ohristchuroh. It also seemed that on previous occasions the defendant had j been senn in Mercer Street on race i days. "Dais evidence had been objected to by_Mr. Neave, but it was relevant, } as evidence of previous similar actions could be given to prove motive The defendant must be. convicted, and the only that of penaltv. There was. very St little exouse for the defendant, since lie must have known ■what be was doing. Chief Detective Boddam said that the defendant had been previously convicted of similar offences. Men of bis olass were a menace to society, and thero was very little doubt that his calling was a very lucrative .one! The detective asked for a heavy penalty. .. His Worship inflicted a fine of £40. Mr.'D. S. Smith, on behalf of the defendant, gavo notice of appoal.