MAGISTRATES’ COURTS.

Globe, Volume III, Issue 242, 19 March 1875, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Friday, March 19. [Before G. L. Hellish, Esq., R.M.] DRUNK AND DISORDERLY. Edward McCourt, charged with drunkenness, was dismissed with a caution. Flora Martin, a very old offender, was sent to gaol for three months with hard labor as a vagrant. John Kelly was fined 20s and cautioned, DRUNKENNESS AND ASSAULT. William McLean, charged with being drunk, assaulting, and tearing the clothes of a Mr Peter Duncan, and assaulting a boy named Ernest Green, was fined 20s, to pay damage to property £2, and 20s fine in the second case, and allowance to boy £1 ss. ASSAULT. George Peters was charged on remand with assaulting his wife. Mrs Peters stated that since her husband was last before the Court he had joined the Good Templars, and had been very kind to her. Case dismissed. LYTTELTON. Thursday, March 18, [Before W. Donald, R.M.] DRUNKENNESS. Wm Walker, charged with drinking and damaging property, was ordered to make good the damage. REFUSAL OP DUTY. John Petersen, a seaman, was charged with this offence on board the John Knox. Mr Nalder for the captain. As this was the third offence, accused was sentenced to one month’s imprisonment with hard labor. BOROUGH COUNCIL RATE, The Borough solicitor, Mr Nalder, was in attendance. The following persons were summonsed and judgment was given as follows ; R. Boyd, judgment for 15s and costs ; J. Green, do, 20s and costs ; M. Barton, do, 12s and costs ■, Peter Elam, do, 25s and costs. CIVIL CASES. Hawkins v Barker and Porson, claim for dishonored acceptance of £3l 6s; judgment for full amount in default with costs. OBTAINING MONEY ON FALSE PRETENCES. Patrick Carey, on remand, was charged with this offence. Mr T. I. Joynt for accused. The former evidence was read over at the learned counsel’s request. Sergeant Maguire, recalled, said—When I searched prisoner in billiard-room I turned his trousers pocket inside out, and looked all over his clothes. There was no possibility of the dice being in his pockets. I found notes and gold. After I had finished searching, I handed him the notes and gold, and told him to put them in his pocket. He took the money in his left hand to put them in his left hand pocket. George Pierce called out that he had something else in his hand, and on searching his left hand pocket again, I found the die produced. The die could not have been in his pocket when I first searched him. Prisoner kept his left hand between me and the wall while I was searching him. I have taken possession of a portmanteau and overcoat that the prisoner states are his property. I got them from from the s.s. Taranaki. I examined the contents of the portmanteau in the presence of Sergeant Major O’Grady. Mr Joynt here objected to the evidence being taken, as not bearing on this particular case.

The Court ruled that if the evidence was irrelevant, it should not be admitted. Witness re-examined, said—l found fourteen dice in the portmanteau; two out of the fourteen are loaded dice, they are loaded either with quicksilver or lead; they are very large. By picking the ace, one can see the metal let in. The result of throwing these dice is that five times out of six the six turns up. Four of the rest are small ; there are two threes, two twos, and two ones on them. One has two twos, two ones, a three, and a four on it. The seven others are ordinary dice, but different sizes. I also found a box containing fifteen marbles and a parti-colored cloth, Ido not know if it is used for gaming. I also found two packs of cards. They are ordinary cards. I also found some racing cards with two different names on them.

Cross-examined by Mr Joynt—l have been in the police fourteen years. I don’t know much of dice; I know there are differently sized dice for various games. I have only seen one die before marked with sixes, fives, and fours, and the man who had it was arrested, George Brown gave me the other die; he took it from the top of a water tank. There is a difference in the two dies; one is

of a different color to the other, and newer, as the edges are sharp in the one I found, and rounded in the one George Brown found. George Pierce, recalled, said last evidence I stated I was throwing dice with prisoner. Accused and his mate first proposed it. I mean by his mate the man who came into the room with him, A short time after prisoner left. After dinner, when I came back, prisoner was in the billiard room, and he said “Are you on fo" a throw? ” I got the dice produced from the bar for us to play with. I don’t know who threw the dice first. I was no party to any change of dice. We were playing for money at Yankee grab, the highest throw to win the money. That is the usual way to play Yankee grab. I have before stated I lost £2l, the prisoner won nearly all the money. By the Bench—We were throwing about half an hour in the morning and a quarter of an hour in the afternoon.

By the Police—The dice you show me are unusually heavy, and these others are not the ordinary dice ; they are differently marked. I had charge of the billiard room that day. The dice are usally kept on the side shelf of the bar. There were no dice of the kind produced there that day. Cross-examined by Mr Joynt—l was quite sober that day. Prisoner’s mate proposed to play that day. I had not played before that morning, I have played dice frequently before. I have won and lost. I lost a good deal of money to one man lately. I always play fair. I never saw a crooked die before I saw those belonging to prisoner. lam not given to drink. I noticed the false dice the last throw in the morning, but did not speak of it to prisoner. I never told prisoner I had lost a lot of money by dice. I lost £l4 in the morning, I lost both by side bets and by throwing. I was betting equally with him and his mate. I did not bet after dinner. I did not speak about the strange dice to prisoner, but did to the barmaid. lam nearly certain it was accused that played with the false dice in the morning, and not his mate. I detected his using one false die the last throw, There is some difference between the straight and crooked dice. When one is excited by playing for money they might not notice the difference. I swear he used one of the false dice produced, but cannot swear which. I noticed the 4,5, and 6 on it as he picked it up. All dice have 4,5, and 6 on them. I cannot swear it was either of these two that he played with. I first saw a die that had two fours, two fives, and two sixes on it, when Brown handed it to me. Brown is not the man I lost the large sum of money to. Accused and his mate both won from me, but I won a throw now and again. Ido not know any games they play with two fours, two fives, and two sixes, and I don’t want to. The numbers he counted out as the dice were thrown were correct enough. When he had finished his throw of seventeen he picked one die off the table and let another fall, I played with him after dinner because I wanted to find out if he had played fair, I put James Payne on to watch him after dinner. We did not have many throws after dinner. There was nothing to prevent him walking away. I kept on playing to bring him to justice, Payne was pretending to play billiards. He was about twelve feet from us. He was in a good position to see. I watched him carefully till the last throw, and I lost the £7 before I detected him. Payne detected him first. 1 saw nothing. I swear I never asu-ed him to throw again. When he was going away in the morning I said that I did not mind if I lost another pound or two as I wanted to detect him.

By Bench—l noticed a strange looking die in the morning, but it was picked up so quickly I could not say anything. By police—The side bets were for the highest thrown. We began by throwing for drinks, and then for a pound, and I won the first throw. He had the first throw when I detected him. His throw then was seventeen. In the yard I accused him of throwing falsely, and detained him, and he struck me. Brown was in the yard. There is a tank there.

James Payne sworn said—l recollect Bth of March last. I was in the billiard room of the Canterbury Hotel that day. I know prisoner. I saw him there. I saw him shaking Yankee grab with dice with George Pierce. From something I had heard I watched prisoner. I cannot identify dice produced. I thought the money was changing hands remarkably quick, but could see nothing at first, but afterwards went closer and looked over prisoner’s shoulder, and saw them playing with the dice produced. Prisoner said, “ It is very strange we cannot take two pools at once.” No money was won when I was looking on over his shoulder, though they threw seven times. I then went back and went on playing with the balls by myself. I noticed prisoner on two occasions substitute dice out of his pocket for those they were playing with. On each occasion I saw him substitute the dice, prisoner won. I then told accused to clear out. George Pierce caught prisoner by the two shoulders, and said, “ No, you wont.” I charged prisoner with having dice in his right hand pocket, and he said, “ I’ll bet you a £ they are not,” and when he saw I was willing to bet a £, he said, “ I will bet £5.” I agreed, and prisoner backed out when he saw I was in earnest. I told Pierce to keep his eye on the pocket whilst I went out, I could see no one about I knew. I went back and saw prisoner and Pearce had had a collision. Prisoner was rising out of the coal hole when I came in at the door, and then another young man hit him, and he tumbled into the coal hole again. I then saw Sergeant Maguire come in and cleared out. I have seen dice and shaken them for drinks, but never saw dice of the description produced before. I lent some money to the prosecutor Pierce. Cross-examined by Mr Joynt—l will not say that you could recognise the difference in the dice playing at Yankee grab. 1 could put the dice in such a position that you could not tell the difference [Mr Joynt—l’ll bet you a £ you can’t.] [Laughter.] Looking along the table one could not see the difference in the dice. I have heard of false dice, but never saw one before. • When I went round and put my hand on prisoner, and said, “ Clear out ; give the man his money back, and go,” I swear I saw him put the dice into his pocket. He had money in both hands, and kept putting it in and out of his pocket; it was notes, and as he could not have changed them in his pocket, I wondered what he kept putting the same money in and taking it out of his pocket for. I did not see the actual amount he put in his pocket and took out. I believe he put the dice in his pocket with the notes. He was using three dice of his own, and they were different dice from the'bar dice, because the three true dice were not cut straight. They

only played about nine minutes after dinner; the luck wan variable when I looked over accused’s shoulder. I did not hear Pierce say a word to prisoner till I did. The crooked dice were in the prisoner’s pocket. I did not see the dice come out of prisoner’s pocket when I offered to bet £5 as to the dice being in the pocket. Accused backed out and said he would not make a fool of himself. I did not take the prisoner’s part; I thought it would not be right to do so. 1 will swear to the the bar dice, but not those prisoner was using. It is a common thing for dice to have inequalities in them. There was no drinking going on, 1 had no drink that day. George Brown, duly sworn, said—l am a waterman in Lyttelton. I remember being in the Canterbury Hotel on that day. Prisoner was there also in the yard. Pierce was also there. I saw Pierce and heard him charge accused with swindling him. 1 saw no blows struck. I was having a glass of ale with Salt, the carter, and saw Pierce and the prisoner. I said to Salt, “ Don’t inter fere.” Salt said, “He has got dice,” I found a die on the top of a tank behind a flower pot, I heard Pierce say accused had swindled him, and looked for the die. Prisoner’s coat was on the tank, and that was the reason I looked there. I did not look at the marks on the die, it was snatched out of my hand. I cannot swear this is the die produced. I saw prisoner near the tank. I know nothing of dice, but I noticed there was no one on this. I swear positively it is neither of these false dice I found. I don’t know how many spots there are on a die. Those produced are not ordinary dice we play for beer with; these others are ordinary dice. Witness here, in reply to Mr T. I. Joynt, stated he should know the die it he saw it. and that neither of those produced was the die.

This closed the case for the police. Mr T, I. Joynt addressed the Court for the prisoner at length, arguing there was no case to go to a jury. Accused was committed for trial, bail being refused.