A COMMON GAMING HOUSE

Dominion, Volume 11, Issue 158, 23 March 1918, Page 9

A COMMON GAMING HOUSE

HEAVY PENALTIES,

Mr. S. E. M'Carthy,. S.M., delivered reserved judgment in the Magistrate's Court yesterday in respect to the cases in which Garnet Harold Lawler was charged -with assi&ting in tlie conduct of a. common gaming house at No. 9 Ghuznce Street; John Ambrose Sullivan with using tho premises as a common gaming house and entering vnto a bet with Constablo Le Sueur; and ! Michael Henry Fitzgibbon witb permitting tho premises being used »s a common gaming house by Sullivan. The Magistrate reviewed tho' evidence at somo length, describing tho visit of Constable Le Sueur to the premises and the bets made with Sullivan. The latter and Fitzgibbon had .previously carried 011 a blacksmithing business at tho promises named, but this was now solely oonducted by Fitzgibbon, who, however, knew that Sullivan went there for the purpose of betting. The constable made the bets witb Sullivan, and received the dividend from Lawler. In paying over the money Lawler acted agent for Sullivan. While the constable was on the premises there were several men in the office discussing betting matters and others playing cards, fitzgibbon was on tho premises only 011 one ocoasion when the constable called, but he habitually worked at the forge. His Worship referred to the betting material found on tho premises, and went 011 to remark that Sullivan had followed the occupation of a bookmaker for twelve months previous to February 6. This was a matter of public notoriety. There could be no doubt that Sullivan, with the full, knowledge of Fitzgibbon, made the premises a regular place of call, and there transacted tho business of betting on horse races, and that for that purpose tho premises were connected with the Telephone Exchange. Fitzgibbon not only_ took no steps to prevent these happenings, but actually connived at them.. Tho evidence was plain that Lawler acted ss Sullivan's agent, and the fact that Sullivan made one bet made the conclusion irresistible when viewed in conjunction with the other evidence that the premises were freely used to tho knowledge of Fitzgibbon for betting. ■ Sullivan was fined £30, Fitzgibbon £2A, and Lawler £10. At the hearing Mr. M. Myers appeared for Sullivan' and Mr. H. i). O'Leary for Fitzgibbon and Lawler.. In all the cases security for appeal was fixed.