CHARGE OF BOOKMAKING

Dominion, Volume 14, Issue 127, 22 February 1921, Page 6

CHARGE OF BOOKMAKING

JAMES PATTERSON ARRAIGNED THE JURORS DISAGREE COURT ORDERS NEW TRIAL James Patterson was yesterday tried in. the Supreme Court on a charge o carrying on the business of a bookmaker. Ho was defended by Mr. H. FO’Leary. - Tho Chief Justice (Sir Robert Stout) occupied the bench. Tho following jurymen wore empanel led:—William Joseph Connor (foreman), Samuel Brown, Walter Adams, James Pears, Frederick Nevill, Frederick AA 11liams. Ernest George Hughes, William Vincent Morris, "William Keating, Thomas Stuart Robertson, Beit;am z • Staff, "William Parkinson. Mr. P. S. K. Macassey, of the Crown Law Office, outlined the case for the prosecution. He told the jury that accused kept the Star Private Hotel in Cuba Street. Evidence would be called to show that Patterson made eeven beta with two constables, and was found to have on his premises books and records relating to betting. Constable M'Cullough said that ne joined the force about October 27 of last year. On November 29 last he saw accused in Cuba Street. After a few words about the prospects for the Feilding races, accused produced a double card, and asked him what he would have with Sweet Memory. •Witness said "Marqueteur.” In the evening, witness went along to Patterson’s again, and told Constable Murphy, who was on the premises, what he was going to do. Then he saw Patterson, and asked for 10s. on Sweet Memory and Marqueteur. If he wanted any more, Patterson said, he was to call next day. Witness went upstairs for Murphy, and, coming down with the latter, met Patterson again. Witness produced a double card, and asked Murphy if he "would have any.” The upshot of that interview was an arrangement for Murphy to have 10s. on Matatane, and pay the money next day. On December 1 witness saw Patterson in the Star Hotel, and asked him for a double chart. Patterson replied that the charts would not be out until 11 o’clock. Then witness asked for 10s. on Admyra. Patterson made a record in a book. Later in the same day witness saw Patterson, and asked if he could have a double. Patterson said ho was too late, and lie had a straight-out bet on Lovematch. lhe odds in these transactions were "tote odds. , , , Constable Murphy stated that he was a boarder at Patterson’s place from November 22 to December 9. He also gave evidence of various betting transactions with accused. On one occasion, l;e stated, he gave accused a marked pound note. . „ , ~ , , Detective Torrance testified that he had searched the accused, and found the note mentioned by the previous witness. Witness had given that note to Murphy, with certain instructions. Among articles found on accused’s premises were books and papers recording bets. These witness produced to the Court. To Mr. O’Leary, witness said he knew Patterson well. Accused had a good, legitimate business as a boardinghousekeeper. Almost invariably he had between twenty and thirty people residing on his premises. Witness could speak well of Patterson’s general character. Constable Revell said that he had accompanied Detective Torrance to 1 atterson’s place, and had there answer ed four calls on the telephone. They were all for Patterson, and all related to betThe Crown case was closed. Mr. Macassey did not address the jury. Mr. d’Leary submitted that the case of the accused was deserving of particularly careful .consideration from the jury. Patterson was a man of good character, and the crime with which he was charged was in a- different category from ordinary offences. 1 hough accused was brought to the court on a criminal charge, as a result of his connection with betting transactions, the conduct of similar transactions was legalised in the case of racing clubs, and was a profitable source of revenue. His Honour- interposed with the remark that the jury had no concern with anything but the evidence in this case. It ' had not to consider the totalisator and racing. , , , Mr. O’Leary said that he had merely been emphasising the necessity for the most careful weighing of the evidence. Ho proceeded to submit that the jury must bo convinced that accused had been engaged in the business of bookmaking, and had not merely made a few isolated bets. The evidence given by Constables Murphy and M'Cullough related to only seven bets, made in a period of some His Honour observed that the books produced by the police showed records of about one thousand bets. Accused did not enter the witness-box. In the course of his summing-up, His Honour said that unless the jury was prepared to brand Constables M'Cullough and Murphy as men who had committed perjury, it must find Patterson guilty. He discussed at some length the entries in Patterson's books, which he had before him. t When the jurors, after four hours retirement, announced their inability to narco upon a verdict, His Honour commented: “I am very sorry for the sake of the jury system that this has hapP< A e< new trial was ordered for 10 a.m. on Friday. Patterson was again released on bail.