MUST CATCH 'EM AT IT

NZ Truth, Issue 1147, 24 November 1927, Page 8

MUST CATCH 'EM AT IT

Telegram Mystery

Police

Seek But Do Not Find In Billiard Room

(Prom "N.Z. Truth's" Greymouth Representative.)

Unless a bookmaker is caught m the act of taking a bet, and the taking of the said bet can be clearly proved, a conviction cannot be registered on* a charge of keeping a common gaming house, despite the fact that acceptance cards, betting slips, and telegrams are produced. 'So decided Magistrate W. Meldrum at Greymouth recently, when cases were heard that caused widespread interest on the West Coast.

THE police waited until the Christchurch racing carnival was m full 'awing before they jumped out of a motor-car and into a billiard-room m Albert Street. The news of the raid spread like a bush fire, and there was a large crowd outside when the police marched the seventeen men they had arrested to the lock-up. Simultaneously, a raid was made upon the residence of Jim Hassall, m High Street. Has-sall is well-known on the Coast and since a serious accident m a sawmill some years ago, he has occupied himself m light jobs, one of which was the running of 'the billiard-room. About a couple of years ago, he handed it over to Fred Chunn, who is still the head man there, and employs James Bernard Heffernan to mark the scores. The police alleged, however, that more business was done m the t room than the mere playing of billiards.

When Hassall, Chunn, Heffernan and eleven men found m the billiardroom appeared on remand before the magistrate, the court was packed with keenly-interested spectators. It transpired that while Sergeant Smyth and his '

men\ were busy at • the (billiardroom. Detective Muroh and Constable Paddy made

an uninvited call

upon Hassall. They did not go to the front door, but made a bee-line for the back grate, just inside which was a whare, which the police suspected was a gaming depot. ' Mrs. Hassall was at the house door and when questioned, informed the visitors that Jim was not at home, but was down at- the billiard-room, Detective Murch took a peep through the whare window. There, sure enough, was the man himself. He asked what the detective wanted, and was told that there was a search warrant In order, and that, if the door was not opened unto, them it would be broken m. Hassall, It is alleged, said; "Do what you like!"' The detective brought a lump of timber into play, and smashed the door. J Well equipped, the whare provided an interesting example of modern furnishing. It was fitted up with an eight-valve radio set. A telephone 'and typewriter being also m evidence. The receiver of the 'phone was draped over a gas bracket, but the detective could not get the exchange to answer his calls. He discovered later that a piece of lead had been placed on the hook, so that a telephone connection necessitated the removal of the lead. There were about a dozen notebooks on the fable, two copies of a newspaper and a card on which were marked the winner and the secdnd horse m the first race at the Christchurch trots on the day of the raid. k A number of telegrams m the fireplace were sent' from Christchurch to "Sligo, Box 96, Greymouth." Sligo was said to be Hassall' s business alias. The telegrams were alleged to have been sent out by the Christchurch Bookmakers' Association. They gave the first and seconi horses m each race, and the dividends were m code, represented by the signature on <the telegram. The detective also searched the . residence, but found only one old betting slip. He declared that he knew Hassall was a bookmaker.

Constable' Paddy said he had been stationed at Greymouth for five years and knew Hassall was a bookmaker. Detective Murch contended that it was not necessary for the prosecution

to prove that actual betting took place on the premises, but only that they were used for the purpose of betting. There was, he said, cumulative evidence before the court to prove it, and he quoted authorities m support. For the defence, J. W. Hannan denied the establishment of a prima facie case. The prosecution had not proved that Hassall's premises were used as a common gaming-house. All that had been put before the court was evidence that certain media used m bookmaking had been found on the premises, and that was not sufficient to prove that the premises were used as a gaming-house. There was nothing to prove that any bets were made there, and the Appeal Court had held it must be proved betting was done on the premises. Localisation of betting ' must be proved. The betting might have been done anywhere m Greymouth, but there was nothing to prove that Hassall used the whare other than as his office. "The question I have to decide," said the magistrate, after reviewing the evidence, "is whether the papers found are sufficient to prove that the defendant used the premises as a common gaminghouse. "There ls no evidence of any people frequenting

the house. -to make bets with the defendant, nor is there any evidence that on the particular day the raid was made any bets were received by the police over the telephone.

"There is no doubt that bets have been made. The telegrams show that they were made, but there is nothing Inconsistent with the fact that defendant has made bets for himself and other people, made bets with bookmakers, probably.

"There is no proof before me that he laid wagers to any other people. No names are mentioned of persons with whom he has made bets, and there is no evidence that the telephone has been used fdr the purpose of mak» ing bets by any other people. "The question for me to decide is: Whether, on the evidence before me, a jury would convict defendant. The evidence does not prove that, and the case is therefore dismissed."

Detective Murch: Does your worship hold—

"I have given my judgment!" interrupted the S.M. His worship also dismissed the informations against Chunn and Heffernan. The counts respecting the men found on the premises were withdrawn.