ALLEGED GAMING-HOUSE

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

ALLEGED GAMING-HOUSE

Michael Henry Fitzgibbon was charged that, being the occupier of No. 9 Ghuznee Street, he did knowingly and willingly permit the same to bo kept nnd used by John Ambrose Sullivan as a common gaming-house. John Ambrose Sullivan was charged with using "tho shop and office at No. 9 Glnraice Street as a common gani-ing-b'ouse; also that ho did bet with Herbert James Lo Suour on the Timfini Handicap and Flying Handicap at the Taranaki races, the money to_be paid being dependent on the working result of the totalisator. Garnet Harold Lawler was charged that he did assist in conducting a common gaming-house, No. 9 Ghuznee Street, kept and used ae snch by/John Ambrose Sullivan. ~„,;• Mr. M. Myers appeared for Sullivan,

and Mr. H. I' , . O'l/cary for the other twu defendants.

Herbert James Le Sueur, constable, stationed at Uliristchuich, stated that, (icciug under instructions from Uβ Superintendent of Police, lie came to Wellington on special duty and assumed the name of Jidwurd Parsons. Oil February 6, at 12.35, he went to the blacksmiui's shop at jS'o. !) Ghuznee Street. He saw Sullivan, who asked witness who sent him there. . Witness replied that he had come to make a bet. Sullivan handed him a race-card of tho I'aranaki Meeting. Sullivan marked the second race and said witness could make bels on any of the subsequent races. . Witness put us. on llubur for the Timaru Handicap, ss. on Housewife- for the- Flying Handicap, and it any funds os. on Pergola tor the Okatu Hack Handicap. Witness gave Sullivan £1 and got his change. Sullivan booked tho bets, and said that his limit was £10 with £o for second horse. Witness went back the next day about 1 p.m. to collect his dividend, as liousewifo carao secoud. When he got to the shop there : were several men in the office, and witness asked the man w;io was sitting 'down at the table if Sullivan was in. The man replied that Sullivan was out, and whether he could do anyfliing. The man who said that was Lawler. Witness said be had come to collect some money, as the horse he backed, Housewife, had run second. Witness gave his initials, and Lawler looked at a paper, on which, were initials with sums of money against each. Witness's initials were halfway down the paper, with 2s. against them, and he got tills amount. Ho root there a man named Burnett, who knew him under his proper name in Curistchurch. Fitzgibbon was not noticed by witness on the first occasion, but on the second occasion Fitzgibbon was working at his forge. Witness never saw him in the ,office, and had no business with him Cross-examined: He saw Sullivan only on his first visit io the shop. He paw Fitzgibbon tho second time he went to the shop, and he was then working at his forge. He saw Lawler on several occasions in tho office at No. 9 Ghuznee Streot. When he saw lawler, when, he went to collect liis dividend, he asked him if he was a Mr. Sullivan, thinking that he might be a. brother of the man he had betted with on the previous day. 5 Detective-Sergeant Cox said he searched the premises under a warrant, and found a race-card iu the office under some horseshoes.. The racecard was for the Dannevirlre races to h<> run that day. It was tho usual practice of a bookmaker to mark off on a race-card the winners by making a circle against the name of the first horso and a cross against, the second horse. The card fouud \\ f as so marked up to the time the police raided the premises, which was at 3.40 p.m. Fitzgibbon denied that any bets were made ou the premises. Fitzgibbon was arrested, but no bettiug papers were found on him. Lawler was also arrested, and no betting documents were found on him. Sullivan was arrested narly on the following. When searched, Sullivan had £7 9s. Pd. on him, but no betting documents. Detective Carney, who made the search of the premises, produced various papers and documents relating to betting. Plain-cloflies Constable Black also gave evidence. Mr. Myers, speaking on bohalf of Sullivan, said that the making of the bet was admitted. With respect to using the premises as a common gam-ing-house, the evidence, for the prosecution showed that ho was only there on one occasion. He quoted a case decided in England .in which it was held that using a house on oifo occasion for gambling did not. constitute it a common gamiug-houie. One bet on one occasion did not make a house a common gaming-housp. He _ quoted other cases; bearing on the point, ,and. contended that his client could not be convicted on the chargo of using the premisos as a common gaming-house. Mr. O'Leary contended 4'uat a condition precedent to the conviction of his clients was that Sullivan must bo convicted, and if ho was not ; then Fitzgibbon could not be convicted of permitting his. premises to be used as a. common gaming-house, and Lawler could not be convicted of assisting in the conduct of a common ' gaminghouse. Garnet Harold Lawler, also known as "Spud" Lawler, said he.was a waterside worker, and had been injured. Hβ was still under medical treatment. He had nothing to do, and was a frequent visitor to the blacksmith's shop owned, by Fitzgibbon. Ho never made a befor paid any bets for Sullivan. . . / The Magistrate ■ reserved Jus decision. '