MAGISTERIAL.

Gisborne Times, Volume XXVI, Issue 2240, 11 July 1908, Page 1

MAGISTERIAL.

FRIDAY, JULY 10. (Before Mr. W. A. Barton, S.M.) DRU-NKEXNESSS. James Smith, an olderly man. was fined 10s, with costs 2s, . for being drunk on Thursday, and William Hogan, who did not appear, had the amount of his bail, £l, estreated. VAGRANCY.

William Johnston, a smartly-dres-sed young man, pleaded not guilty to adiarge of being all idle and disorderly person, having insufficient means of support. Mr. Blair defended the .accused.

Sydney Rawle, detective, said lie had known accused for the last four or five years; and during that time he had never known him to do any work. He hid seen him frequently attending race meetings, and -lie simply earned his living by what was known as “guessing.” He invariably kept company with spielers and convicted thieves. When arrested yesterday accused had 7s in his possession, and was in company with a convicted vagrant. The system of guessing was that these men see what number of horses are starting in a race, then they give tips, recommending a different horse to each client. One of the horses must win, and then they go to the man who wins and ask him for a “cut in.”.

To Mr. Blair : Ho had not seen the accused in Gisborne before Wednesday last, but had seen him in other places. He had no personal knowledge of what accused had been doing for a living during the past six months. I Janies Walden, racecourse detective, deposed that -lie had known accused for five or six years, and usually saw him on racecourses. Accused was a “guesscr.”' Witness had had to eject him from -racecourses on a number of instances, viz., this year at Pahiatuix in June, Palmerston North in April, and Hastings in May, besides previous occasions. Witness did not have to eject him from the local course yesterday. Ho had not known accused to have been in any legitimate occupation during the last six years. i Mr. -Blair submitted there was no evidence to warrant a conviction, and asked that the information bo dismissed. „ The Magistrate said he wdnkl call upon tho accused to show that he hid lawful ways of earning a living. The accused, sworn, stated lie had been working for a horse-trainer named Johnson, at Wanganui, for £1 a week and came to Gisborne t 0 .look for work- He did not go to the races oil Thursday. He did not owe any money. He had been convicted of vagrancy at AVanganui,. but- had not done any “guessing” since then. Cross-examined by Sergeant Hutton. the accused admitted a conviction on a charge of vagrancy at AVelliiigton in 1906, a conviction for theft at Palmerston North, and a conviction for assault. Mr. Blair reminded the Bench that since the last conviction Johnston had been earning an honest -living. The Magistrate, in dismissing the information, said he would give the accused a chance to earn his living and keep away from the racecourse. Another young man, Henry ICilgour, pleaded not guilty to a similar charge.’ Air. Blair again defended. Detective Rawle said he had known the accused for flip 3nst fopr .or five years, but had never known him to do any work. He was keeping the company of convicted and reputed thieMr. Blair said tho accused could not get rid of the associates, who persisted in coming up to speak to him. Detective Walden al, d , Constable Doyle also gave evklonco as to the accused being a vagrant. Sergeant Hutton submitted a long list of previous convictions, and Ivilgour was found guilty, and sentenced to three months’ imprisonment in the Napier Gaol. JUDGAIENT. . Judgment was given for plaintiff

in tlm caso of J. G. Nicholls (Mr. Finn) v. 1\ J. Lewis, in a claim for £UB 17s for breach of contract in tho s,ilo of a. boarding bouse at Kaili. Plaintiff was awarded £G2 Is Gel, with costs £6 2s.