A BAZAAR LOTTERY

Dominion, Volume 13, Issue 62, 6 December 1919, Page 16

A BAZAAR LOTTERY

ALLEGED BREACH OF GAMING ACT

PRIEST BEFORE THE COURT

Charges under the Gaming Act of having established a schema by which goods were gained., by a modo of chance and or taking'part in a lottery wero preferred against Iho Ecv. Father Patrick J. Smyth, at' the Magistrate's Court yesterday.

Mi-. 10. Pago S.M.. was on tho bench, Chief Detective Boddam prosecuted, and the accused conducted his own case.

Tho facts of tho case, as outlined by Chief Detective Boddani w.ero admitted. During tho period October 22 to November 5 a Catholic bazaar was held at tho Town Hall, tho function being prosided over by tho defendant. In connection with tho bazaar a lottery was established, and amongst the prizes were a racehorse valued at one hundred guineas, a 6iiit of clothes or a costume valued at Jill lis., and an eiderdown quilt valued at .£lO 10.?. In order to participate in the prizes it was necessary to purchase a ticket, and the namo of the recipient of the ticket was written on the butt. There was no suggestion that tho tickets were disposed of by other than fair means. At tho conclusion of the bazaar tho prize-giving took place at tho Sydney Street Schoolroom, where ticket-holders advanced to a stall and selected a scaled envelope on surrendering their ticket. The envelopes contained the slip intimatinir • the names of articles which the recipients had won. There were no blanks—every envelope contained a prize of somo sort. The defendant then gave evidence on his own behalf, detailing the circumstances which led up to the disposal of tho horse. Before deciding on tho scheme defendnnt took all measures to satisfy, himself that his action would be quite' legal. He obtained three independent legal opinions, and in fact ono j lawyer actually suggested. the scheme which now appeared had violated the law. He had acted honestly throughout the whole transaction.

At tho conclusion of his cvidenco tho defendant addressed tlio Court at some length on the merits of the prosecution, and claimed that there was an clement of chance in every purchase made. A case in point which appeared to bo on all fours with his offence wns that relating to.tho disposal of unclaimed postal packers. A number of these packages, each wrapped in brown paper, were auctioned recently, and defendant submitted that no one knew what ho was getting in tho package.* It was tho 6ame with the envelopes: no one knew what ho or she was going to get, but all got something. Ha went on to refer to tho law respecting gaining, and said that he was, being charged with an offence which the State had recently sanctioned, and ho referred to tho case of the Trcnthnm Art- Union Fund. In conclusion defendant 6tressed tho point that he had taken every' precaution and had acted in good faith, believing that his scheme would not be a violation of the law.

Chief Detectivo Boddam pointed out to tho Court that; fho auctioning of unclaimed postal packages, was authorised by. law. .

His Worship decided to tako time to consider his decision.