WERE HAZARDS DICE LOADED ?

NZ Truth, Issue 1238, 22 August 1929, Page 3

WERE HAZARDS DICE LOADED ?

Action For Debt Payment Fails On Plea of Gaming Act

ALLEGATIONS OF CROOKED GAMBLING

(From "N.Z. Truth's" Special Christchurch Representative)

Allegations that dice used m a game of hazards were loaded were made m the Christchurch Magistrate's Court recently, when Victor David claimed from Joseph Black the sum of £100, said to be owing as part of the stakes he had won from Black during the game.

IT was alleged that David, an agent, entered certain premises and that during a game of hazards David substited faked dice for the genuine articles. The dice were said to have spots weighted and edges smoothed, and were alleged to be responsible for Black's losing £174. Black paid out £74 m cash to, David, and the following day he" gave him a cheque, post-dated, for £100. He discovered that the dice had been allegedly faked, and later stopped payment of the cheque. It was for the amount of this cheque, plus 16/- interest, that David sued Black. The claim was defended on the grounds that it was illegal under a section of the Gaming Act, and that David had defrauded Black.' The hearing consisted mainly of argument between Mr.. C. S. Thomas, who appeared for Black, ' and David's counsel, Mr. F. D.

Sargent. Mr. Thomas said that there was a notice of - m o - tion to have.

Game of Hazards,

the .settlement of the claim crossed out, as the case concerned an act. When the application first came before the Magistrate,' Mr. H. A. Young,' S.M., he had said the case could not be heard m chambers, ' and would have to be taken m open court. I Unless the illegality were shown j on the face of the proceedings, said Mr, Sargent, it wou|d be impossible for the court to say whether it were illegal or. not. Mr. Thomas held that as soon as any knowledge ,of illegality came before the court its duty was to strike out the proceedings. The' game played was hazards, he said, and it was played with a box and dice. There were a number of dice and two of them were picked out. There was an in-bettor and an outbettor, and the players bet against the out-bettor. It was not until the men left the room that it was discovered that the dice had been faked, alleged Mr., Thomas. "That is a gratuitous to, my client," remarked Mr. Sargent. ."There is no question as to the bona fides of my client," said Mr. Thomas. "He paid out £74 in' cash." • Continuing, Mr. Thomas said that Black had filed a notice of motion

to have the case struck out as an abuse of the court. The game was one of chance, and m its progress David had replaced the dice •yvith. others which had been loaded. As a result of this action, he alleged, Black had lost £174. He considered that m the circumstances under which the money had been obtained the claim was an abuse of the court, and should be struck out. Mr. Sargent thought that if Black were to go into the witness-box the case would be completed m a, short time. He submitted that his evidence should be taken. Mr. Young said that as it was not admitted by David's side that the allegations of fraud were true, the case should be proceeded with. David was' not m court. Mr. Sargent then called. Black to give evidence. * Black stated that he had given, the cheque to David some time before May

. ■ made allegations m respect to the dice. When did you see them?. . • Black: On May 3. It was then you thought that they were loaded?— I had an inclination the.y were. ' ' David, went to Invercargill, . and after he had returned you told him that you had stopped payment of the cheque ?-VYes. .-.■„■ • Black told Mr. Thomas that the ' cheque he had given David was m respect to the gambling transactions. He had found that spots on the dice were weighted and edges smoothed. At this stage Mr. Sargent applied to have his client non-suited. He said that Black had pleaded the Gaming Act, and could take advantage of it whether the transactions were dishonest or not. Mr. Thomas applied for judgment for his client. He considered that if judgment were given the case would reach finality, but if the plaintiff were non-suited such would, not be the case. -The Magistrate held that plaintiff was entitled to apply for a non-suit. Mr. Young non-suited the plaintiff. The costs of the hearing amounted to £5/7/6.

12. He had filled it m on May 4, the day following that on which they had played hazards. Mr. Sargent: You