PROSECUTION OF SWEEP PROMOTERS.

Poverty Bay Standard, Volume I, Issue 29, 2 January 1884, Page 3

PROSECUTION OF SWEEP PROMOTERS.

(Melbourne Leader, Dec, 15th.) John Michael Cregan aud Robert Plunkett White were cd 12,1 i Deoeir-her brought up at the City Police Court, on remand, charged with having cstub’iHhed and sold tickets in the Victory Sweep and Melbourne Sweep Company Limited. Th magistrates on the bench were Mess.s. Cail. r.M.. M. M’Donald, P. Hanna, and Ball. The informations were sworn by Detective Nixon. ‘ There were seven against ‘each, viz., two for establishina-dot-teries, and five for selling tickets, both oeing offences against the Act No, 582. Mr. A. W. Chomley prosecuted on behalf of the Crown, and Mr. C. A. Smythe, instructed by Mr. Gillott, defended the prisoners. The only charge taken yesterday was that against the prisoners with having, about 30th October, sold a ticket in the Great Victory sweep to one Victor D’Alberg, of Wallan Wallan, such sweep being a lottery in which the prizes were to be disposed of by chance, contrary to the 31 st section of The Police Offences Statute 1865. The information was laid under the sth section of the Police Offences Statute No. 522, Mr. Chomley said that both the Victory and Melbourne Cup sweeps were originated by defendants for the distribution of money on the Melbourne Cup, and he would show from the prospectus that the affair was a swindle from beginning to end, as the defendants proposed, first of all, to distribute the whole of the money received, and subsequently to charge 10 per cent, for their trouble, whilst they allowed a discount of 12 per cent, to purchasers of tickets. Henry J. M’Whinney, advertising canvasser for Gordon and Gotch, said that i-i June last he saw Cregan and White at the American novelty shop in Bourke-street. and in answer to witness’ request he obtained an order for the insertion of Victory sweep advertisements in several country paper*. All three discussed the prices to be charged for the advertisements, and Cregan gave his sanction to the order being given. Advertisements were inserted in the Leader, Auktmlaeian, Sydney Town and Country, and other newspapers in consequence of these instructions, and Cregan paid him for the ad. vertisments. To Mr, Smythe: The adver. tisement was inserted in the Herald, but not at their request. He received payment for the various advertisements by a cheque for £25.

David Brown, clerk in the Argue effice, received an advertisement from Cregan respecting the Victory sweep on 23rd May, which was inserted in the issue of 26th May. Frank Davies, advertising agent, said that in May last Cregan called at his office, and obtained a list of prices for advertising in the Auckland Star. Witness consulted both Cregan and White with regard to the matter, and at a further interview received an advertisement, which was duly inserted until October, Cregan paid his account by cheque. Charles Hope, clerk to Mr. Marshall, printer, said that his employer printed prospectuses of the Victory sweep by White’s order, payment being made by Cregan’s cheque. Charles Anderson, carpenter, living at Wallan Wallan, said that in October last he wrote a letter on behalf of Victor D’Alberg. Mr. Smyth objected to any reference being made to the letter unless it was produced. Mr, Call thought that any evidence as to the letter or its contents was inadmissable unless it could be connected with the defendants.

Witness said that he registered the letter at Wondong, and received the receipt. He was present when Victor D’Alberg received the answer produced, two or three days after the letter was sent.

Victor D’Alberg, wood-cutter, Wallan Wallan, corroborated Anderson’s evidence as to the sending of a letter. He received an answer with nine Victory sweep tickets a few days after. Fred. G. Arkill, postmaster, Wandong, identified the receipt given for the registered letter sent by Anderson. The letter was numbered 21, and could be traced by the number.

Philip Owens, letter-carrier, said that he delivered a registered’letter, numbered 21, from Wandong, to White on 30th October, who signed the receipt as George Robertson. He had delivered various letters addressed to “Victory, care of George Robertson,” to both defendants. He produced an order signed George Robertson, on the strength of which letters were delivered to John M. Cregan. These letters were addressed 94 Bourke-street, but were delivered at 96 Bourke-street. At 94 there was a board with “ Victory, care of George Robertson, upstairs.” He received an order from White, Doth verbally and in writing, to deliver registered letters addressed to No. 95 at the novelty shop, No. 96. Chas. Anderson, recalled, said that in the letter he wrote to Victory, he asked for nine tickets in the Victory sweep on the Melbourne Cup. He put in the letter a pound note and six twopenny stamps, and signed the letter with Victor D’Alberg’s name. To Mr. Smyth: D’Alberg paid him half the money back when the tickets were received.

To Mr. Call: He did not get his money back or receive a prize. (Laughter). George Squires, grocer’s assistant, St. Kilda, said that in October last he was employed in Hughe’s store, in Inkerman-street, St. Kilda. He remembered Cregan’s shop being burnt on the 27th or 28th of October. Saw Cregan on the Saturday in that week. He arrived in St. Kilda about ten o’clock, contrary to his usual practice. On the following morning, about eleven o’clock, he saw s carpet bag and two boxes in the passage. Next day he saw some papers being burnt. Cregan lived there. The carpet bag was then empty. He saw further fragments of paper on Tuesday, and picked up some burnt prospectuses of the Victory sweep. On Wednesday he saw some fresh papers, amongst them being some partially-burnt letters. On Friday he found a half-burnt block of a Victory sweep-book. He had seen Miss Walsh at the fire burning papers. He believed Miss Walsh was now Mrs. Cregan. On 7th November he found the butt of a receipt-book. To Mr. Smyth : He began making entries on the 28th October, because he suspected something wrong. He showed the entry to Mr. Winter, of the Herald. He was not in the Herald's pay, nor was he paid to give his evidence. He received £5 from Mr. Winter for the information he gave. He was at that time in the employ ot Cregan’s brother-in-law. Could not say if he would be a paid witness in the Herald libel action. Winter did not offer any amount for the information, but witness stipulated for £5. He would not claim anything further from the Herald if prisoners were convicted, but would leave it to Mr. Winter. This closed the case ior the prosecution. Mr. Smyth, for the defence, contended that no evidence had been adduced to connect his clients with any lottery or scheme. The only evidence that told against them was that of Squires, and it was evidently given for the malicious purpose of prejudicing the public against Cregan and White. The sworn information was not explicit enough, as it did not disclose the particular mode of chance whereby the prizes were to be distributed by the act. Mr. Chomley, in reply, said that he had proved the existence of a sweepstake on a horse-race, and had connected the prisoners with it. The information could not possibly disclose the method of drawing, as not only had it never taken place, but it must neccessarily have been a matter known only to the defendants. Mr. Call said that a grosser case than the present had not been previously brought before him, and the utmost penalty would be inflicted. Each defendant would be fined £lOO with £lO costs. Mr. Symth gave notice of appeal, and asked that defendants should be allowed time to pay the fine. Mr. Chomley insisted on the line being paid forthwith, or, at the furthest, this morning. After much discussion, it was agreed to accept notice of appeal, together with £2OO from each prisoner. The money was produced and paid into court, and the defendants remanded until the 20th instant on the other charges, the same bail as previously being allowed.