THE TWO-UP CASES

Manawatu Herald, Volume XLIII, Issue 2238, 12 February 1921, Page 3

THE TWO-UP CASES

ADJOURNED FOR LEGAL ARGUMENT.

The local court house was crowded yesterday, when the “two-up' cases came on for hearing. In all thirty-five persons were charged, and Mr 11. R. Cooper, of Palmerston North, appeared on behalf of all I lie defendants. Detective Qnirke conducted the case on behalf of the police. The defendants were as follows: —C. MeArtney, H. Ilamer, Sam IToterini, Pino Moses, John Parker,Thomas Goldsmith, Pakaru Kipa, R. Heppner, A. Burr, Ilonipnki Kingi, Tommy Tuna, F. Aller!>y, W. Robinson, Matu Huruku, G. Edwards, A. G. Donald, 11. 0. Sinclair, E. T. Yule, Roy Coley, T. Elers, Pahi Haledone, IV. Bryant, E. Bryant, J. R. Sherlock, F. Spiers, Jas. Campbell, E. W anklyn, S. Smith, S. Mansell, C. Quarterman, Fred. Robinson, C. Coley, G. Ruffe]], D. Mclntyre, and Robert Coley.

The charge against each defendant was that on December 19th, in a public place at Foxton, where the public assembled, did play by way of wagering a game of: chance known as “two-up.

Mr Cooper suggested that one of the charges be proceeded with as a test ease, as the circumstances were similar in each case. This suggestion was acted upon, and the case against Charles MeArtney was called, a plea of “no! guilty” being entered. Detective Quirke briefly outlined the circumstances, and then called William Trueman, town clerk, who produced a plan of the Borough Rifle Range Reserve, on which the game was played on December 19th. He said the reserve was leased to Messrs A. King and Co., as (lax bleaching paddocks. There was a proviso in the lease that the rifle range was to always be available for use.

Mr Cooper asked that the lease be produced, but Mr Trueman said that at present it was in the office of the District Land Registrar for the purpose ot having a IranGei of a small portion registered, and there was no ropy ot siuuc.

Mr Cooper said that it would he necessary to have the lease, as the result of the eases might be determined by same.

The Magistrate: Probably so; if I Ih> lease reserves a right to the public. Mr Cooper suggested that the evidence should all he taken, and I lie lease could he forwarded to Palmerston N., and legal argument mnild he heard there. This course was a greed to.

In reply to.a question by Air 'Cooper, Mr Trueman said that the Rifle Club had no lease of the range from tire Council, hut at a recent meeting the Council had passed a resolution giving the Defence Department: an assurance that the site would always be available as a rifle range. lie couldn I say il the Defence Department got permission from l ho Rille Club to use the range. Constable Owen stated that on fhe afternoon of Sunday, December 19th, in company with Constable O’Donoghue, lie went through the racecourse property, and from there saw a number of men assembled near the rifle range, about 30 yards away from the actual range. They proceeded to within 42 yards of the men, and concealed themselves, and saw the men playing the game of two-up. Accused was one of the men who actually tossed the coins. Four others also tossed, and he saw the rest of the men, with the exception of four, betting and passing money from one to another. Ihe four whom he did not see betting were D. Mclntyre, Fred. Robinson, H. Mansell and C. Quarterman. He did not know these four were present until the raid was made, and I'ouiuPthem sitting down outside the ring. Whilst he was watching the game he heard: “A liver I head 'em,” “Thirty hob they’re tails,’ and similar remarks made by the men playing. Was watching the game for something over an hour. In addition to the four mentioned, A. 0. Donald was another whom lie did not see playing. To Mr Cooper: He measured the distance from where he was concealed to the ring, but did not measure the distance from the ring to the actual rifle range. It was common knowledge that two-up was played there. On one occasion he (witness) had been invited along. The men were not actually in the lupins, the' ring being in the open. The men could not be seen from the road.

Constable O’Donoglme corroborated Constable Owen’s evidence. In reply to questions by Mr Coopci, witness said that G. Ruffell was not present whilst they were watching the ring, but that same evening in the street he had remarked how lucky he was; that he had made a “tenner” and got out of it before the police arrived. There were lupins near the ring, but they did not surround it. The men could lie seen from the racecourse, but it‘could not be seen from there what they were doing. The charges against Mclntyre, Donald, F. Robinson, Quarterman and Maunsell were withdrawn, and the others were adjourned until the next sitting at Foxton, on March 11th. In the meantime legal argument will be heard in Palmerston North.