The Alleged Gambling Den.

Manawatu Herald, 14 June 1894, Page 3

The Alleged Gambling Den.

■■■„-,. ' «. " T A TECHNICAL DEFECT. At the Magistrate's Court to-day, btfore Mr Martin, S.M., and Mr '■^Pickering, J.P., the cases of the thirteen men arrested on the charge Idf being found without lawful excuse * In. a common gaming-house, and of "Jbßdph Burke, charged with being *: the keeper of a common gatningIjbouse, were called on. ... Inspector Pender appeared to proßecute, and Mr Skerrett to defend all the accused persons. Upon Burke being charged, Mr Bkerrett took. a preliminary .Objection. He submitted that the * Court had no jurisdiction, inasmuch "Ififcfc" the accused had been apprehended under a general warrant. He contended that the defendants were entitled to be discharged, and rtfihr police decided to proceed, their proper course would be to issue summonses. '.' The: S-M* Ba^ Inspector Pender ' should a wear an information against defendants. Mr Skerrett presumed the police

would not require the bail to be renewed. inspector Pender said the police would certainly require bail. Mr Martin, S.M., said that clearly the Court had no jurisdiction. It was the duty of the Justice or Justices before whom the defendants wore first of all brought on Sunday to have appeared in Court to day and have heard the charges. The position was this ; If the defendants desired that informations should be laid against them, the Court could not object. The arrests on a general or search warrant were not sufficient. He would be prepared to grant summonses against the defendants on sworn., informations, and ... if the defendants did not then appear he would issue warrants for their apprehension. In the meantime, if the police had sufficient reason to believe the accused contemplated leaving the colony, they could apply for warrants to re- arrest. Inspector Pender did not suggest that the defendants were likely to leave Wellington. Ultimately the police undertook to swear separate informations against the accused, and it was arranged that the summonses should be returnable next Tuesday. The S.M. said the police were not to blame in the matter. — Post.