BETTING CASES

Dominion, Volume 10, Issue 3107, 11 June 1917, Page 7

BETTING CASES

.\ . $ TWO CONVICTIONS HEAVY FINES IMPOSED ■The hearing was concluded in the S.N. Court on Saturday, before Mr. L. G. iCeid, S.U., of the charges against Albert Vaaoe Stewart, Cornhill Street, p£ keeping a comabn gaming-house, and tieorga who was charged with assisting id, the conduct of a common gaming-AMae. Chief Detective Boddam prosecuted, and' Mr. M. Myers npiwnrcd *or Tjoth accused. I'ji opening: the case -for the defence, J»r. Myers said that in order to convict '.itewart the prosecution * should hiivo shown that the place was used as a 'gaming-house'. The most that could be isaid wag that the circumstances indicated suspicion. None of the paraphernalia which, wns usually found in a bookmaker's establishment was found on. these"premises. There were no books, corres•pondence, or race-cards.; all that. wa6 discovered were certain entries which may ihave referred to netting, but nothing .referable to the racing that was going OU that day. The charge was not against 't.he man tor betting, but that on this particular day he kept a common t'aminpihouse. The most that could bo snitl Stewart was that'a constable went =vnd made a bet at the premises. Mo contended 'thnt some tangible evidence i Rhonld have been produced to show thnt More than »n. occasional use wns made ■of the premises for making a bet. With Tespect to Dyhrberg, to convict, him of the charge of assisting in tho conduct ■of a common gaming-house, it must be proved that tho place was a common ■gaming-house. George Dyhrberg, in giving evidence, said he had taught and sold goods on behalf of ■ Stewart on commission, nnd Msited the business premises practically every_ day. Hβ had the <freo use of tho premises, Hβ carried about with .him Stewarfs business cards for business purposes. He met tho two constables in a .oilliard-room, where he mado bets. They .wanted to know where they could find him later on. Witness said he would he at the billiard-room; the constables pressed him to know where else' they could find him if he were .not in tho. ■■billiard-room, when he gavo ithem istewart?s business card, and told them they \ would find him there. Stewart had nothing to do with his betting transactions. ."Witness 6aw the two constables shortly after noon on. June 5 at Stewart's. Wit- ' -3ies3 was standing in tho doorway of • the premises; Stewart was in his office engaged with Ms foreman, and conld ' lardly have heard the conversation, that • ■witness had with the constables. Bets v ivere made with tho constables, and wit.sesa put tho money in. his pocket. He gave one of the constables a race-card which he took from his pocket. ■■ _ Albert Vance Stewart eaid ho was in 'his office on June 5, and was talking his foreman. Ho knew that someone came to the promises, and that Dyhrberg ■was talking to them. Ho could not see '.them, and could hardly hear their con- . versation. He received no money from 1 Dyhrberu on that occasion, and did cot hmd out any racc-cord to him. He had no race-cards in his possession at the time. He scarcely knew that Dyhrfcerg was betting. When the constables came baok after 2 p.m. and wanted to ; make a bet, -witness said to them, ""We ere not betting here." Ono of the constables then said, "Are we too late?" Witness eaid "Oh, no, wo aro not betting here." Hβ absolutely denied receiving 2s. fid. from Dyhrberg, or handing out a. race-card to him to give to the con■Etables. The iragistrata raid he was Batiefied from lio evidence for the prosecution that the premises were used as a comanon gatning-houee, and that Dyhrb.org assisted in the conduct, of it. He therefore convicted both accused. Stewart was fined ,£25, in default one month's Imprisonment, and Dyhrberg was fintd J2lO, with tho option of one month's imprisonment. On' the charge of bettinp in .i public place, DyhrberK was fined -£25, tho alternative Being one month's imprisonment.