ALLEGED “TWO-UP.”

Manawatu Herald, Volume XLVII, Issue 2837, 24 January 1925, Page 2

ALLEGED “TWO-UP.”

CASE DISMISSED * UN TECHNICALITY. At the local S.M. Court yesterday six men, John Dwyer, James Campbell, Charles Quartermain, M. P. Connolly, James Harper-and Charles Carmont were each charged by the Police with playing “two-up y in Avenue Road on Christmas morning. Mr Hollings appeared for the defendants, who pleaded not guilty. Constable Ryan, in evidence, said that on the morning in question, at about 9.45 a.m. he noticed tye six accused in front of the Manawatu Hotel. Dwyer was standing in the roadway about eight feet from the curb, on which the other men were seated. He tossed two coins high in the air. After some tosses he approached the others and appeared either to receive something or to give something to the seated men. After a while Campbell took a turn a: tossing. Later Carmont and Quartermain took a turn, but in doing so remained seated on the footpath. This went on for about a quarter of an hour. Constable Owen and witness then approached the group and the former accused the men of playing “two-up” which they did not J deny. Witness knew all the men and served the summonses. When serving Campbell accused said “I’ll stir up a lot of dirt over this ease. I did not get a fair spin last time, and in any case we were only playing for pennies and ‘trey-bits.’ ” To Mr Hollings: Witness was standing in the police station gate wav about 150 yards from the men while they were playing. He cbuld recognise the men from that position and see the coins beiug tossed, lie did not see any money change hands.

Constable Owen corroborated previous witness’s evidence and said lie could not distinguish what the coins that were being tossed were. They were probably pennies. Mr Hollings: They might have been two shilling pieces or halfcrowns. The S.M. Well, two-up can be played with half-crowns. Continuing, witness said he dicj not see any money change hands, but lie saw something passed. Mr Hollings suggested that the tosser may have been showing the others the result of the toss. Mr Hollings considered the case for the prosecution had not been proved. There was no evidence to show that the accuseds’ had been playing for a wager or stake. It- was not an offence for any person to toss two coins in the air nor play any game unless for stakes or a wager, if ih is were so it would be an offence against the law every time two i a plains tossed for sides at a football match. The defendants had not been playing for money, but had probably been amusing themselves by trying their skill at tossing coins. The S.M.: Would yoh keep it hp for fifteen minutes? Continuing, Mr* Hollings said that the men had had breakfast on the morning in question and had nothing to do and — The S.M. Naturally played a game they were accustomed to. (Laughter). Mr Hollings said that they had just been idling their time away. Campbell had been undecided as to whether he should go to Auckland or remain in Palmerston N. for Christmas and had tossed up to decide the matter. The S.M.: Why with two coins? Mr Hollings: There is no harm in tossing two coins. The S.M. Probably all the mischief lie did last time he was caught was to toss two pennies. Mr Hollings contended that there was no evidence to prove that the street was a public place. Evidence for the prosecution should have embodied this fact. The S.M. said that the point was a fatal one. There was no evidence to prove the men were in a public place. He would dismiss the case on the grounds that no proper evidence had been submitted that the men had been playing' in a public place.