NOT GUILTY.

NZ Truth, Issue 133, 17 August 1907, Page 4

NOT GUILTY.

THE CASE OF MACNAMARA. A Jury Says He Did Not Keep a "Two-up" School Wellington Supreme Court precincts were crowded this week with a motley assortment of persons interested m the outcome of the strange adversity which had befallen the two-up joint m the city. • Sydney Macnamara, alleged keeper of the school m Willis-street, where fifty odd persons were rounded up by the police and pleaded guilty to indulging m the gamble, was charged with keeping a common gaming house on Monday, and the hearing was continued" on Tuesday, when twelve good men and true brought m a verdict of "Not ptuilty" m ...the face of Mr Justice Cooper's strong summing ud against the accused. There were also on the list charges against Brewster and Dunn, alleged to be keepers of a school m Ellers-avenue; a charge of wilfully wounding Gustaf Grenberg, preferred against Dunn and Morrah ; and a charge of perjury against Grenburg, arising out of the assault case, so that "•the talent" was largely represented m and about the Court. The Crown's case against Macnamara differed little from that presented m the lower court. A seaman, named Walter Clements was called, and Mr Wilford protested strongly agaimst "the 'ncjgilect of the Crown to furnish him' with notice that it was intended to call this man. He proved a very unsatisfactory witness for the prosecution, ■ however, for his evidence did not confirm a written statement made by hlim to the police that when he visited the premises on the night of the raid, two-up was being played by nearly all those present excepting 'himself. On oath he stated that he had been m the room several times, when the amusements were OF AN INNOCENT CHARACTER, but on the night of the raid be was there for a few minutes only. and did not see what was going on. Mr Myers, for the Crown, obtained permission to treat this gentleman as a hostile witness. The most important witness was Allan Burnie, who said he had seen twoup played m the room on fifteen occasions. Mr Wilford elicited, m cross-examination" that- the witness had made this statement to Detective Rawles under a threat of prosecution, and on the understanding that he would not be called as a witness and would not lose his employment. Daniel Roberts stated that two-up was. being played on the occasion of the raid. Peter Chas. Kinsella and* George Williams had seen two-up played at Macnamara's on two occasions. In response to a request by Mr Wilford, his <* Honor ruled that possibly two games df,d not constitute . a room a common gaming house. Counsel for the defence made the most of this m his address to the jury, pointing out that all witnesses, excepting Burnie, had testified to seeing, at most, only two games. Burnie he regarded m the light of an accomplice who betrayed his mates, under threats, to save his own skin. Mr Wilford pointed out that m English Courts juries were directed not to convict upon the testimony of an accomplice, unless that testimony was corroborated by other witnesses. As already stated, his Honor summed up strongly against accused, holding that Burnie's statements were corroborated by the habitues of the room. He supplied an omission of the statutes by defining two-up as an unlawful game. The jury was absent a little over an hour, and when the electrical words, Not Guilty" were uttered, there was a slight demonstration at the back ot the" Co'irt, which wns sternly suppros sod by the usher-