Folding S.M Court.

Feilding Star, Volume XVIII, Issue 146, 19 December 1896, Page 2

Folding S.M Court.

AN IMPORTANT CASE. Friday, December 18, 1896. (Before R. L. Stanford, S.M.) The ease police v. William Ryan, for trespassing on the Feilding racecourse on December 3rd was continued after we went to press. Mr Sandilands appeared in support of the charge and Mr Jellicoe for the defence. J. H. Pollock deposed : Waa the honorary secretary of the Associated Bookmakers ; the document produced was brought by witness to the secretary of tbe Feilding Jockey Club asking the Club to grant licenses ; had not authority to address the Jockey Club on behalf of Ryan and others whose names were attached to the letter ; Ryan did not attend the Feilding races on the second day as witness' agent, had no recollection of giving Mr Ryan any written authority to act as witness' ageut ; gave instructions through Mr Byan on the first day to pledge witness' credit with the totalisator proprietors as witness was not allowed on the course ; read an advertisement in the New Zealand Times and knew bookmakers were not admitted to the Feilding races; did not take it to apply to him as he was not a bookmaker ; was accountant for Ynille, if he was a bookmaker. To Mr Jellicoe : Attended on the first day of the races ; purchased a ticket of admission, at the ontside gate ; presented the ticket to the man at tbe gate, who took the ticket ; passed in on to the race course ; after he bad got in Parker went to him and told witness he had instructions to keep witness out ; went to the steward's room where he saw Mr Goodbehere, whom he informed he (witness) claimed the right to remain on the course ; produced an opinion from Mr Jellicoe which he (witness) said he had previously obtained ; told Mr Goodbehere that he was there for the purpose of backing horses on the totalisator ; Mr Goodbehere said he would consult the stewards ; did not trouble to take notice of what was said in the conference between the stewards ; Mr Sandilands told witness the stewards had decided to expel him from the ground ; they instructed Parker to remove witness from the ground and Parker forcibly removed him ; was not tendered his money back ; have brought an action against the stewards for the recovery of damages for expulsion and assault ; it involved witness' right to remain on the conrse and transact business on the totalisator. Re examined : Was told by Mr Sandilands that the course was private property and bookmakers were not admitted ; made use of a ticket purchased and not of a trainer's ticket ; Parker told witness at the gate, just inside, that he was not to be admitted. Edmund Goodbehere deposed : Was a land agent at Feilding and secretary of the Feilding Jockey < Mub ; was one of the lessees of the Feilding racecourse ; put an advertisement in the New Zealand Times giving notice that bookmakers would not be admitted, and posted a copy to Mr Pollock ; tbe notice was, also, published in the correct cards and official calendar (the Cbristchurch Weekly Press) ; produced the certificate of incorporation and the rules of the Feilding Jockey Club. Mr Jellicoe objected to the rales being put in as they were not relevant. Mr Sandilands replied that the rules provided how persons may be admitted and it was a person's duty to make himself acquainted with what terms he would be admitted on. His Worship decided to receive the rnles but it would be necessary to show how they were relevant before he could accept them as evidence. E. Goodbehere's examination continued : Saw Ryan on the course both days ; instructed Parker to prevent any bookmakers going on the conrse ; Parker was engaged by witness from instructions from the stewards; Pollock was brought to witness by Parker ; was not present when Ryan was interviewed by the police although he saw them together. To Mr Jellicoe : Could not say he addressed the letter containing the advertisement himself, bnt bad signed it ; his clerk may have addressed the letter ; the correct cards were circulated and sold in Feilding before tbe races ; some people were admitted on payment of Is and some people free ; Naylor and Spriggins worked and provided the totalisators ; wonld not awear that Ryan did not pay for an admission ticket on each day ; could not say whether Ryan paid to go on the lawn ; could not say if the money was repaid to Ryan ; __ the totalisator was worked on commission ; 1£ per cent on the gross investments was paid to the men who worked the totahsator, also, half the odd money; did not know that Ryan claimed a right to be present ; knew they were goinp to try ; Parker was employed to prevent bookmakers going on the conrse. R. W. Parker deposed : Was an acting private detective residing at Christchurch ; was employed by the Feilding Jockey Club to keep the bookmakers off the course on December 2nd and 3rd ; knew Ryan whom witness saw on the racecourse on the second day ; believed someone got a ticket for Ryan ; was at the ticket office at tbe time keeping other bookmakers from going on the course ; first saw Ryan on the conrse inside the gate ; later on saw Ryan on the stair of tbe stand and told him to quit the coarse ; Ryan refused to leave in the presence of Constables Tuoby and Griffiths ; made a report to some of the stewards. To Mr -i ellicoe : Refused to say what - bis business waa [Mr Jellicoe here tried to force witness to answer, bnt he promptly refused.] Mr Sandilands submitted the counsel for the defence had not any right to go into witness's past career. To Mr Jellicoe : Still refused to answer. To the Bench : Was a private detective, employed to do detective work for private individuals. To Mr Jellicoe : Carried on his business wherever he bad to go ; lived anywhere ; refused to say what be was doing in Wellington, it was his business ; bad seen Ryan oa the Christchurch racecourse ; did not say to Constables Tuohy and Griffiths that Ryan was not a bookmaker in front of the latter ; told Ryan to leave the coarse ; gave him five minutes notice to leave; bo steward spoke to Ryan in witness' presence. James Griffiths, deposed : Was a contable stationed at Palmerston ; saw Ryan at the Feilding races on the second day ; was present when Ryan was told to leave the course; Parker and Tnohy were present ; was sure Parker spoke to Ryan, but waß not quite sure of the words used ; Ryan objected to leave ; Ryan was asked to go before the stewards but refused. To Mr Jellicoe : Thought it was about 2 o'clock in the afternoon when Ryan Was told that all bookmakers were being ordered off the course ; Ryan claimed a right to remain ; it was after Ryan refused to leave the course that he was asked to go before the stewards. Constable J. J. Tuohy deposed : Was a constable In charge at Feilding, on December 3rd, and saw Ryan on the Feilding racepourse ; made a com,mnnica> tion to Ryan on tbe authority of th,e secretary and stewards of the Jockey Club ; told I^yan that if he did not leave within five minutes he would be summoned hut if he went then foe would get his trjoney refunded'; when witness first spoke tQ ] Kyan, he (fcyan) spoke as if ho were an 1 investor; witness then asked Ryan to go 1 before the stewards add he replied " How t dare yon "in an offensive manner ; then 1 went to see tho steward* and told Mr'

Sandilands about Ryan ; beard Mr Sandilands tell Ryan to leave the coarse as it was private property ; then laid the information at Mr fcandiland's request. To Mr Jellicoe : filled in the informations on the coarse the same day, about [tn hour after Ryan wae told to leave ; Parker pointed oat Ryan aa a bookmaker. Mr Jellicoe, in opening the case for the defence, submitted that the offence charged, for wilful trespass and refusing to leave must fail, as the defendant had paid for admission and was admitted to the course, being allowed to remain on till between three and four o'clock, when be was told to go by Constable Tuohy. A demand to leave and refusal was not an offence in itself, for he had a license to go on by the purchase of a ticket. This offence was not wilful in its inception, and was not the offence aimed at by the Act, for the original entry was by leave and license. The case for the prosecution was on the revocation of that license and the subsequent refusal to leave. Therefore, he argued that no offence was proved within the section of the Act ; also, that this court had no jurisdiction to decide between his client and the Jockey Club, but it was a case for a higher court if he (the defendant) honestly believed he had a right and asserted that right to go there. There could be no question but defendant supposed he had a right to remain on the conrse because that belief was substantiated by the opinion of a counsel of some standing. The Feilding Jockey Club had ejected Pollock and would have to justify their action in the Court. His Worship had first to decide whether bis client's belief waa absurd and unreasonable, and then he had no right to decide this case. The bookmakers had received a legal opinion on the advertisement appearing in the New Zealand Times and then went on in defiance of the Club. An offence involving wilful trespass from the inception was different from where it waa from leave and license, which could not be revoked at the will of the Jockey Club. Mr Sandilands replied to the point that there was not sufficient proof of trespass, that as soon as defendant was told to leave there was a revocation and the license was cancelled, and from this time the dafendant was a trespasser and might be removed if he was not a trespasser before, He, as owner, told Ryan to leave. Mr Jellicoe's opinion was given by Pollock, bat if it was given by Ryan, the latter must bave been aware that bookmakers were not to be admitted. < Ryan knew he had not right to purchase the ticket and gain admission to the course. Mr Sandilands quoted an authority showing a license conld be cancelled. Mr Jellicoe contended the construction of the Act was that the offence must be wilful in its inception. His Worship held that the defendant Ryan was a wilful trespasser ab inilio, if not then he was after the revocation of the license. He thought the case waa right and properly brought and felt no difficulty in coming to the decision that there was some claim and title and that the opinion given by counsel, on which the bookmakers went on the conrse, was absord and unreasonable. The evidence for the defence was— William Ryan deposed : Attended the Feilding race meeting ; had himself obtained an opinion from E. G. Jellicoe ; a copy was produced ; lent the original to Pollock ; was not aware that a copy of the opinion was to be sent to the Feilding Jockey Club by Pollock; paid Is admission money at the ontside gate; gave the ticket to the man at the gate; purchased a ticket of admission to the lawn, paying 7s 6d ; this ticket was taken at the gate ; made- investments on the totalisator; bo objection was made to his presence on the first day ; on the second day purchased tickets the same as the first day ; on the afternoon of the second day was told by Parker that he had instructions to order all bookmakers to leave ; had money on nearly every race that day ; Constable Tnohy said " You are a bookmaker " and wit* ness* name appeared in Tuohy'e book; Parker said " Scratch him out, he's not a bookmaker " ; Tnohy scratched hii.name out, and said " I will enquire into it " ; someone, he believed Mr Sandilands, told witness he had no right there and witness eaid "On what grounds " ; Mr Sandilands said witness was a bookmaker ; a race was coming on when Mr Sandilands told witness to go ; asked Mr Sandilands to go to the totalisator and verify what witness said about his backing on the machine. To Mr Sandilands : Weat to Mr Jellicoe to get the opinion for himself; saw the advertisement in the New Zealand Times. Mr Sandilands : Yon knew bookmakers would not be admitted. Witness : What is a bookmaker, a man who binds books ? To farther questions witness said he was a bookmaker and a backer of horses : believed he read the opinions obtained from Eipenberger, Solomon and Berwick to the effect that a license could be can* celled ; saw Parker at the gate on the second day ; at the outside gate Parker did not tell witness he was not to be admitted ; purchased the ticket himself; conld not say what it was like ; believed Parker was at the ontside gate for the purpose of keeping people off; came np determined to come in ; went in while Parker was at the gate preventing others from going in ; could not swear that Parker saw witness ; waa requested to leave, bnt didn't know who Mr Sandilands was ; mostly waited till afterwards to " square up " with the machine and it was not necessary to remain there ; it was on December Bth when witness paid Naylor ISO 12s ; they usually settle np the same night as the races ; couldn't invest money on the totalisator if not on the course as he couldn't get the inform* ation he required. To Mr Jellicoe : No money was ever offered or refunded to witness. Frank Naylor deposed : Worked fcbe totalisator at the Feilding races ; Ryan had invested money on the totalisator on both days ; on the first day Ryan yave instructions on behalf of Pollock for the investment of money ; debited them all to Ryan as Pollock said ho would pay; there may have been a telegram from Pollock, bnt if it waa given as instructions to invest it would have been put down, in the book. In summing np, Hi 3 Worship had no hesitation in coming to a decision as the whole evidence was conclusive. The racecourse was private property and the lessees had given authority to the Jockey Clnb to refuse admission, and they gave notice that they would not allow a certain class of persons on the ground. One of these persons had paid the admission and sot a license to go on the course, but after that the license was revoked. It was open for a Jockey Club, where it owned the groqnd, tQ withdraw leave to go on the conrse immediately after it was given. The defendant evidently was determined to, go on and test the case, knowing tne Jockey Club objected to the class, one af which he was. He refused to leave when told to by a person authorised by the owner, and he (tho defendant) wag guilty of wilfully and deliberatly ties-, passing. Defendant would be fined Jt'lQ with court costs 7s, witnesses' expenses £2 4s 6d and solicitor's fee £% 555, Mr Jellicoe gave notice that he would appeal 014 points of law and facts and would, also, apply for an order of prohibition on the grounds that His Worbad no jurisdictiou to decide tbe case, md that it did not come within the lection of the Police Offences Act under ivhich the information was laid. The defendant was allowed seven

days in which to appeal and fim security. Bert Champion was charged on thi information of the police with a simila: offence as the previous defendant, viz. with wilfully trespassing on the Feilrfinj racecourse on December 3rd and refusing to leave when asked to do so by th< owner. Mr Sandilands appeared for th< prosecution and Mr Jellicoe for tb< defence. This being a case similar to tb< previous one, the evidence of H. L. Sher will, E. Goodbebere, and J. H. Pollocl was admitted so far as it was relevant R. W. Parker deposed to knowiDf Bert Champion, whom he saw at Feilding ; prevented him from going on the course the first day ; on the second day saw defendant on the course and gave him notice to quit the ground ; defendant left the ground and came back again. To Mr Jellicoe : It was between 11.30 and 12 when witness told defendant not to go in ; it was about three o'clock on the second day when witness told de fendant to quit ; Mr Burnett, one of tbe stewards, was present when witness told Champion to go ; Mr Burnett also told Champion to go ; saw Champton about a quarter of an hour after outside the enclosnre, bat did not speak to him. C. H. Burnett deposed to being a steward of the Feilding Jockey Club ; on (he second day told defendant to leave the course as he (witness) believed he was a bookmaker ; gave him five minutes to leave ; defendant asked for time to be allowed to go, but witness would not consent. Constable Tuohy was present and witness asked tbe latter to issue a summons against defendant if be did not leave within five minutes. Cross - examined:— Defendant might have aeked for permission to stay to put on £5 on Leda, and witness replied that he did not know what he was going to do but he must leave. Recalled for cross-examination Edmd. Goodbebere deposed : The committee arrived at the conclusion some time before (he races that they should keep bookmakers off ; did not arrive at any resolu(ion that day expelling bookmakers ; did not consult any person as to what steps should be taken ; did not know on whose advice the stewards acted in the matter of issuing the summonses. Constable Tuohy deposed: Told Champion he would be summoned if be did not leave within five minutes ; got one of the stewards, Mr Burnett, to go with witness again and warned defendant off. Mr Jellicoe submitted the case must fail as it was not proved a warning had been given. Mr Burnett was not one of the lessees, neither had it been proved he was the agent of the lessees. There was no agency proved. The question was whether the warning was given by a person directly authorised by tbe lessees. The agents of tbe Club had sold a ticket to defendant and allowed him on the coarse on both days until 8 o'clock on the second day, when it was alleged the license was revoked. There was no evidence to show that an agent of the Jockey Clnb had ordered defen ant off. He, therefore, asked that the cose be dismissed. His Worship said the question of agency for the owner was an important point, and that this was a totally different case to tbe former. Herbert Champion deposed: Saw Parker at the gate bat did not know be had authority to prevent anyone croing on the course ; purchased tickets of admission to go on the course on both days ; collected his dividend on Leda and went off the course to the railway station where he arrived at 3.30. To Mr Sandilands : Saw the advertisement which appeared in tbe New Zealand Times ; came up to back horses ; had no connection with the Associated Bookmakers, and did not authorise his name to be inserted in the list of names produced ; did a bit of bookmaking, did not leave the course immediately he was asked, but soon afterwards; would swear he did not come back into the lawn enclosure; it was a little after three o'clock when he left ; Parker told witness not to go on the course. Bicbard Essex, of Palmerston North, deposed: Was not a bookmaker; saw Mr Champion on the railway station at 8.80. To Mr Sandilands: Had never had cards printed with his name and odds on. J. F. Olsen deposed to seeing defendant on the railway station at 3.30. His Worship decided to reserve judgment in this case until January 7th. The Police v. Christopher Higgms, a similar charge to the two previous ones, was adjourned sine die, the date of hearing to be left until the first case (against Ryan) was decided in the Supreme Court. The Court then adjourned. Cricket Club concert at Fowlers tonight.