BETTING CHARGES

Dominion, Volume 11, Issue 145, 8 March 1918, Page 6

BETTING CHARGES

FURTHER PROSECUTIONS

' CHARCE AGAINST MARTINDALE DISMISSED. Yesterday afternoon in the Magistrate's Court, before Mr. S. E. M'Carthy, S.M., Henry Martindalo was charged that, being a'uooiiinaker, he did bet in licensed premises on February G (New Commercial Hotel) within the meaning of the Licensing Act. Chief-Detective Boddain prosecuted, and Mr. M. Myers appeared for Martindale. Constable Gustaver, of Christchurch, said he was recently doing special duty in Wellington under instruction from the Superintendent of Police, and during his stay in the city he assumed the name of James West. On February 6 he went into the Now Commercial Hotel, and met- a man whom he had previously seen in the Duke of Minbiirgb. Hotel. l*o.v had a drink together, and talked 'horse-racing. Later on Martindale came in, and witness was introduced to Martindale by the man he had been drinking with. He had no prior conversation with Martindale, but just made bets with him—ss. on -llobur in the Timaru Hack Handicap, run at New Plymouth; os. 011 Housewife in the Flying Handicap, and any hinds ss. on Lady Beaufort on the Okato Hack Handicap. Martindale entered the bets in his book. Witness "ave Martindale 10a. On the following, day witness again went to the New Commercial Hotel, and saw Martindale 1 in the bar with several others, witness , said to him: ''Well, how are things | tc-day?" and Martindale replied: Who are you?" Witness said: '"My name is West; 1 had a bet with yon yesterday." He replied: "1 never had a bet with you; I don't know you." Witness then said he was introduced by a friend, and recounted the bets made. Martindale replied: "Not with me; I never took a bet with you in my life." He agam saw Martindale on Monday, February /, 111 Lambton Quay. Witness stopped him and asked for his dividend, Housewife being second in tho Flying Handicap, and Lady Beaufort being second in her race He replied: "1 don't know you; I never took a bet from you in I my life." Witness told him his name 1 was West, and that he had made a lot with him in the bar of the New Commercial. Hotel, and that he expected his money on his wins, adding: •'lf you do not pay I will place the j matter before the police." Defendant I said lie would lay an information for I blackmail,' aud then walked away., He\had no doubt whatever that it was wiln Martindale. that he had the bets. Cross-examined: He.was out that day to make bets with various people. He gave his name to the man who introduced him to Martindale. That man was present when the bets were :i>ade. On each-occasion that Martindale saw witness ho repudiated having made the bets. _ Detective Carney stated that on February 13 he with another detective arrested Martindale in tho Central Hotel. At the tinio of the arrest Martindale was told that it was for Letting in the New Commercial Hotel, on February 6. He replied: "There must be some misunderstanding, as I was not there." When searched at the police station, he had £10 odd on him, but no betting papers. Defendant was a well-known bookmaker, aud witness had seen him going into tho j New' Commercial Hotel. . \ Cross-examined, witness said Martindale was an honourable bookmaker, .■■lid not the kind of man who would repudiate a bet. The day Martiiidalo j was arrested races were being held- at i Hawera. As a police officer, he knew tliat bookmakers had.been personated in hotel bars by swindlers. , j This closed the case for tho prosecution. Mr. Myers pointed out that there were some peculiarities. This constable was introduced to Martindale by some person unknown to.the constable, and it was peculiar that that person was not in Court. Further there was a bet made on a race at a time when ! that race had been run ten minutes ; earlier. When tlie constable asked foi ] his money Martindale immediately said 1 he did not know the man. There was j at that time no suggestion that the 1 constable was a police officer, and on j the Mondaj when approached again j Martindale threatened to lay an in-j formation against the man for blackmail. Counsel then detailed the evidence he intended to produce. , Henry Martindale admitted having seen the constable giving the name of West on February 7. It was not customary for bookmakers to make bets on a 'race that had already been ran. He made no such bet. He was not in the New Commercial Hotel between 1 and 2 p.m. on February 6, when the bets were alleged to have been made. He was in the Central Hotel, and saw Mr. M'Millan and Mr. Gilmer. He went into lunch at the hotel with M'Millan,. and was in the company of the latter I until after 2 p.m. Ho was not asked j by the detective where he was on February 6, but witness told the detective he was not at the New Commercial. He. saw the "trap" constable on February I 7 and again on February 13, and on I each occasion told him he had no bets with him. He could not place any man who had introduced him to a stranger | in the New Commercial Hotel. He had | no recollection of being introduced to : any stranger on that day (February 6). j Cross-examined: He-was not m the j New Commercial Hotel prior to 1.10 j j> ni on February 6. He thought there ; were plenty like him in persona appearance in town. He did not know that the man calling himself \\ est was a constable. There were no others at j lunch when he and -M'Millan. were hav- } ma, their lunch. John M'Millan, builder, said he had known Martindale for a year or two. On February 6 he saw Martindale in tho Central Hotel at 1.15 p.m.. ' and had lmioh at that hotel with Martindale. They went into lunch rather late, about 'Cross-examined: There was one other person at lunch and ho was seated at the same table as witness andMartifiMa""io O'Neil, housemaid at the Centra? Hotel, said she know Martindale; she also knew Mr. M'Millan, but not by name. She remembered Martindale and M'Millan coming into lunch; it was a Wednesday, for that was the only day in tho week she waited in the diningroom. It was 011 February 6. His Worship did not take very long to come to the conclusion that tho information should be dismissed.