DUKE PROSECUTED

Rotorua Morning Post, Volume 3, Issue 690, 16 November 1933, Page 5

DUKE PROSECUTED

(Press Assn.-

A CHAR1TY SWEEP . LtyU ALLEGED ATTEMPT TO EVADE v. LAW REGARDING J LOTTERIES ■;# : • if DECISIO.N RESERVED

-By Telegraph — Copyright).

London, Nov. 14. The Duke of Atholl 'was ; charged at Bow Street with an alleged infringement of the Lotteries Act as a sequel to the distribution- of money from the Dulce's lottery fund. The prosecution, basing the charge on a ticket sold to Arthur Chappell, of Bournemouth, said apparently.-the Duke honestly believed he had, invented a metliod of evading the Act which had stood the test of 270\years. The Duke originally intended a sweep on the St. Leger which he abandoned. He later asked a million people to subscribe 10s to charity, not promising prizes, suggesting that would kill the Irish sweepstake. He used the original tickets with the word "Cancelled" printed on the front and back, and surcharged with a statement saying that the. ticket was a memento of an effort to assist British charities, The proceeds would be disposed of at the Duke's discretion. * The prosecution added that only mentally deficients could have doubted that the Duke intended to allot prizes. Mr. Norman Birkett, in defending, said the Duke had not offered a eontracual right to chance in the distribution of the proceeds, which hitherto had figured in previous convictions; consequently his conviction was impossible. The prosecution had not proved that when a man paid 10s, he bought a chance in the subsequent distribution. ... Chappell recalled, gave evidence that he decidedly thought he was'pnrchasing a chance. The defence did not call evidence and judgment was reserved. The Duke received £152,000 in re-^ sponse to his appeal. The prize winners received £38,000 and charities £59,000. The expenses totalled £57,000.