GAMING CHARGES

Dominion, Volume 14, Issue 208, 28 May 1921, Page 8

GAMING CHARGES

HEARD AT MASTERTON

WILLIAM POWELL FINED £5O

TWO OTHER CASES DISMISSED By leleg-raph -Special Correspondent. , Masterton, Mav thl V J ’ l ro° J£ Se '' VC ' d for the Public'in he Magistrates Court was filled to its utmost capacity ta-day, when Ml . g> L 1 • I'roe. S.M., heard several eharoes under the Gaming Act of 1920. William 1 owell was charged with keeping a common gaming 'house. Mrs. Daphne I l '-',/'", cm 1 ,1 l) .'ee of Powell, was charged with being found on the premises of a common gaming house, and with assisting' in tho conduct, thereof. Charles A. Collins, a hairdresser, employed by J owell, was charged with being found on the premises of a common gaming house. Mr. Noble defended. It was *’Bro f d that the charges against Powell, Collins, and Clark should be taken together, as the evidence in each case was identical.

Constable P. lidwards, stationed at Mount Cbok, Wellington, said that on the morning of May 19 he wont: to Powell's shop for a shave. He was shaved by Collins. He asked Collins if he could get a card, and Collins'replied; “Oh, yes you can. See the boss afterwards.” Continuing, witness saiil that later he asked Powell for a card. Powell pulleel two or three from his pocket, giving witness one relating to the Wanganui races. Witness asked Powell what his limit was. Powell replied, .£7 10s. on the first horse. A2 10s. on tho second hor-e.” Witness took a. 10s. Bet on Tame Fox. He gave his name as Paul Hogan. Witness returned again to the shop in the afternoon, when Powell was there alone. Witness told him ho would take 10s. on Hyginas in the Kaitoke Handicap Hurdles. Powell look a eard from witness and marked the names of the winners on that day. He made an entry in a notebook taken from his pocket. Witness left the shop and returned again about 6 o clock, and asked how Hyginas had run. Powell said: “He ran first and paid .£3 55.” On the following day witness again went to Powell’s shop for a shave. Powell asked him if he wanted anything on at North Otago. M’itness took a bet on a horse running at the North Otago races. Witness received 325. fid. from Powell while he was in the hairdresser’s chair, this being half the dividend on Hyginas. He returned again to the shop at 2 o’clock in the afternoon, when a lady assistant was at the counter. Witness asked her if he could see the boss. She asked him if it was on particular business, and on his replying in the affirmative she beckoned Powell from the saloon. Witness asked Powell if Radical was running at North Otago. On looking at tho acceptances they discovered that he was, and witness took a het of 10s. on the horse. All this time Collins was in the shop. Constable Kane now camo into the saloon, and shortly afterwards prepared to have a shave. Someone knocked on the wall of the shop and called out: “Are you there, Bill?” Powell left the shop, but came back shortly afterwards, when witness took a bet on Master Strowan in tho Steeples and Multive in the Hurdles. He handed Powell a ..Cl note. No. B 534307, Bank of Now Zealand. All this time Constable Kane was being shaved, and could see and hear everything that took place. Next day (Saturdav. May 21), witness again went to the saloon and made a hot on Bonnettcr, giving Powell a I.os. note. Bank of Australia, No. 37641. Collins was shaving someone in the saloon and could hear everything. On Monday witness returned io the shop. Powell said, “You're working for the police, aren't you?” Witness replied, "No chance.” “Well.” sail? Powell, “there was a chap here last, week dressed in a brown suit, hat. and tie. Witness said, “I was dressed the same then as now.” Powell: “Mell, you re working for the police.” Witness said : “Not on your life! You surely wouldn t do a man out of a div., would you? Powoll then went behind the counter. Collins came in and Powell said; ‘Every, thing is hidden now. we go, such a fright.” Witness received his diviaenrts, rntff taler met Sergeant Sweeney in the Park. when the latter took all the money witness possessed. A^ a,n went to the shop. Powell handed him £4 15s Witness came out ot the shop and went to the Post Office private letterbox room, where he handed his dn idena.s to Sergt. Sweeney. To Mr. Noble: He was instructed aboutthe races before he left Wellington. He would swear that he made all the- bets with Powell. He remembered the numbers of the notes because he took t.iem down in his notebook. He was no tolling Powell the truth when he said that hi, name was Hogan and that he did not Ivoloiil' to the Police Force. STr.^Tsoble: Do you expect us to believe vou now? , . ~ * Constable W. Kane, at the Central Police. Station, Wellington, also gave evidence concerning his presence i the Shop during the incidents menhoned bv the previous witness. Sergeant Sweeney, in evidence, said that on May 21 he went to Powells shop to execute a warrant for -earch Ho was accompanied JD Co stable’Phillips- Clark and Collins we e present. Witness told them he would arrest l all throe of them and would search them. On Powell were found “double” cards relating to Manawn.u and Timaru race, meetings. Anot ei paper found showed the names of_phe<d horses and dividends paid at the I akara ga race meeting. On the counter near Clark was found .£3 15s. in «nd silver. Two of the notes wore identifier ns those which Constable Ldwards had oiven to Powell. Witness showed the notes to Powell and suggested that lie had received them that day in respect to bets on horses running at Wanganui. Powell eaid: ‘lt is not for me to say. Referring to a book containing initio.s and figures denoting money. witness said that when lie put it. to Powell that the entries referred to 'betting transactions, Powell again said : “It is not for me lo s;i v ” Airs. Clark on being approached said that it was none of her business. Similar hooks wore found which contained names of persons in some places and initials in others. In witness’s opinion some of the books referred io doubrn bribing and some Io single bets, while vet others referred to Betting by creuit. The total amount of money found in the'shop was A 59 Is. Witne.w showed Powell all the. documents and gave him every opportunity to explain them, but ho had said that “it wasn’t for him to sav anvthing.” AU the. doommeuts etc. allegedly relating to betting were found near wiiere Mrs. Clark sat. To Mr. Noble: Witness could not say for certain whfliter the accounts found in the books did not refer to the sale of razors, etc. He judged that they were in connection with 'betting. Constable Phillips, of Masterton. said that Powell was commonly reputed to bo n bookmaker. Mrs. Clark bad heen in Powell’s employ alxmt nine months. Constable J. Dovine, of Masterion, said that he had seen Powoll at Taratahi races during last meeting. Powell was warned off the course by a racecourse detective. He had scon two bundles of race programmes on Powell’s counter when he went to tho shop. Powell picked them up and put them in Ins pcickct. Mr Noble said that the police nad not produced a tittle of evidence, to show that, either Clark or Collins had any connection with betting transactions. Mr. Noble quoted legal opinions to uphold his contention. Clark was employed to attend to the shop, and no evidence had been produced Io show that she had taken any bgts in.

Air. Free: I am not prepared to consider your contention at present.

AViliiam Powell, hairdresser and tobacconist, was then put in the witnessbox. He said that he had a fairly large business connection. He valued his stock at £1250. His turnover averaged £2500 per year. He had never seen Constable Edwards before he saw him in court. De did not make the hets alleged. He had never seen Constable Kane before that day, despite Kane’s evidence to the contrary. He had never made a bet with Edwards. Regarding the marked notes found by the police, they might have been tendered by Edwards in payment for tobacco or a shave. 'I he books found related to transactions made twelve months ago—before ihe 1920 Act became law. AA’itness sometimes ’had a bet of a few pounds on the totalisator. To Sergeant Sweeney: He could not swear that he had not appeared 'before the Court in Auckland for a breach of the Gaming Act. It was so Jong since he was in Auckland that he could not remember. , , Sergeant Sweeney: Do you know whose handwriting it is in this book’—Witness: "I think it’s mine.” Sergeant Sweeney: And whose writing is this (referring to some other writing) ? Air. Noble protested that witness was being asked to give an opinion on handwriting. He was not an expert. Air. Free: Nothing of the kind, Air. Noble. He is merely being asked who mice entries in his on n books. Further questioning by Sergeant Sweeney failed to elicit the information desired. ... ~ Sergeant Sweeney (producing a slip of paper containing names of horses and dividends): What is this ’-Witness: I don’t know.” . , Sergeant Sweeney (holding up a double charF>: Do you remember me taking this from your pocket?—AVitness: "No, I d °Thcn you suggest I committed perjury now’-AVitness made no reply. _ Vou told Mrs. Clark to say nothingr“T don’t remember." Did you not tell Mrs. Clark to say nothing about the ease?-“l told her 1 would say nothing.' Mr Noble again submitted that no evidence had 'been produced against Clark and Collins. They were employed for ihe lawful nnrpores of attending to the counter and hairdressing rcspective--VMr Free said (hat there was no direct evidence to show that Clark and Collins were dirce.tlv concerned in betting business but. there were strong suspicions that they knew a good deni about tho fraiisociions. The information against fTiem would be dismissed. Regarding Powell the evidence was overwhelming. TTis statement that he had never seen Edwards or K«ne before was a 'lrliberaic perversion of truth. 'Hus made it impossible to believe Rowells siatemen that he was not, a boot-maker. He would be convicted and fined £5O Charges against Thomas Ludwig Gross of keening a common gaming house, and gains' J H. Cuff of being found on premises and betting will be heaid tomorrow morning.