BETTING CHARGES

Dominion, Volume 13, Issue 123, 18 February 1920, Page 2

BETTING CHARGES

CASE AGAINST WALLING .FAILS. - In the Magistrate's Court yestprday, baforo Mr. B. Page, S.M., John Uidlaw Willing was chargcdiVith having loitered in Willis, Street on December 27, '20, 30, and 31, and January 1, for the purpose of "batting'. ' Chief-Deteetive Ward prosecuted, and Mr. H. Fi O'Leary appeared for Walling. Plain-Clothea Constable T. E.,. Holmes said that he had known Walling for the past six months, and had never known him to do any work.' Oil Deceiiib?r 27 last lie saw defendant near the entrance to Singer's Avenue, aitd subsequently saw him go up tho avenue with different men. A couple of days later witness saw; Walling again at the entrance to.Singers Avenue, and witness/kept him under ob- : solvation. A man approached Walling and displayed what witness thought was ,i race caid. Walling handed ■ the man a pencil and paper, and the man marked the paper and. handed it back to '\\ ailing. Later Walling conversed ivitli a ' Clunaiu<m, among others. Witness gave similar evidence as to seeing-Walling on the other days mentioned in tho chiirge. On- those days Walling never i ppearcd l to be long absent from, the avenue, and \va3 seen to consult witn a number ol I persons over v.'hafc appealed' to witness to lio a double card. Witness arrcstft Walling on January.'22, on warrant; and when defendant wan informed that ho was charged with loitering for ihowrpose of betting, lie remarked: What! A. warrant for loitering! Why didn t you bring it on before? On the way to tho police /elation Walling said: j haven't laid Wds for years. I mnjlii. have been punting - ,for a bit. trying <o get JCSO for a .£l." There were found on Walling a few shillings, .a. weight' card of Hie races at Foxtoii, which were being run that day, and amongst other cards similar to those used by bookmakers a pie.-e of paper on which wo» written "10s. Starlight. c 1 To Mr. O'Leary. Witness snxl he. knew that Walling had been'a bookmaker some rears ago,' ami that lie undiS' charged bankrupt. Witness watched \\ ailing. from tho second floor of lung* Chambers. ' , '. Constables Marshall and Jar raid and Detective-Sergeants Lewis and linwln nIS' 1 gave evidence. The latter said 't was within his knowledge that Walling was 1 an operating bookmaker, /rtalnig ,wa? the feature of Willis Street. He could lie seen there every day., 1 his closcu tho case for tho prosecution. Mr. O'Leary said he thought ho nuts' be excuscd if lie snid that dragging mi Walling and chaining him with. loitering about to bet. was lib. dragging. Ji on Iron of tile Ark and making allegations against liim. Walling was a bookmaker when bookmaking was legal, and perhaps when it was illegal. Eight years ago Walling went to England to hot on, sculler. Availing made money at hrst, but when Barry beat Arnst he lost heavily. Some of the cards and papers fonnjl' nil him were those ho had used in wigiand, and were also records ot tfonie ot the debts owing to him. Ho came Inicic to Now Zealand and tried to retrieve ms fortune, but failwl lo do s). About tyro yenvf* ago ho"wns r.onvictctl of \is\ug a common, gaming-house a shop oecuwed by liis son. Subsequent to that l.e him been beforp tho Court on judgment summons, ana no order had been liinds, ami finally ho became bankrupt', and was at present an undischarged bankrupt, 110 was a man who was nearly (10 years nge. He was a widgwor, and lived <i' TColburn in a house provided by his sons. (To was unable to do any work, and wfl e allowed .02 a week by li s sons, IJaj aftor day Walling frequented \\ nils Street, and talked to ono and,.soothe' (for ho was well known to-a. pood, many people) about racing and athletics. During the timo ho was undiir observation by the police his housekeeper w>s in hospital, and Walling was. going lo see he'' thrco times a week, .taking her trim and (lowers. So far as beting was con cerned, Walling had no money .to hot. Defendant gave evidence on the lines of counsel's opening statement, . nd do pied absolutely that he was a.bookmnkt"' adding, "Who would bet with' nio? J havo no monoy!".' . : Albert James Walling, a son of dO' fendant, residing at liotia Bdy, and ou'i'.v'' iug on business as a carrier, said that iio and his brother allowed the father X"2 per week, and the use of a housi) in Kelburn. lis Worship eaid that there was not sufficient cvidenco to warrant a conviction. There was strong suspicion, 1.-ut that was not enough> The information was dismissed.