MAGISTERIAL.

South Canterbury Times, Issue 2265, 21 June 1880, Page 2

MAGISTERIAL.

—— TIMAIUJ—THIS DAY

[Before R. Bcellumi, Esq., UAL] “ UNDER AND OVER.”

George Ulecson was charged with playing a game called “ under and over” on the racecourse on Juno 18 last, such game being of a gambling nature and contrary to law. Mr White appeared on behalf of the accused who pleaded not guilty.” Austin Kirby, Detective stationed at Timaru, deposed that he was on the racecourse on June 18 and saw the accused with a table in front of him on which was the cloth produced. He was playing “under and over.” 'Witness repeatedly cautioned him to desist, and shortly before d o’clock, finding be was still playing (although he removed his table on witness’ approach), be arrested him. The way lie was playing ho was winning eight times out of ten, and it appeared to witness as if bo threw only one of the dice out of the box on to the

cloth, keeping the other under his finger. By Mr While—Gleason -eras the only man on the course who was running this particular game. The game certainly favors the proprietor of the table. Have no ill will against the accused. Have had the dice he was using examined. .Nothing wrong was discovered with them. Mr Jonas, one of the stewards of the Course, deposed that ho saw the accused at the races on Friday, but did not see him playing ‘' under and over.” The game, if honestly played, was, in witness’s opinion, fair enough. The only way in which the proprietor of a table could cheat at it would be by keeping the one dice under the finger. Mr White, for the defence, contended that altl lough “ under and over ” was a game of chance —this was not for a moment denied—still it was a fair and reasonable game of chance, and the accused was by no means 1 lie only proprietor of games of chance present on the course. If there was any graver suspicion against the accused than this, he should have had a charge of swindling or of obtaining money under false pretences, brought against him. His Worship said the law on this subject was perfect!}' clear ; by it no games of any kind were to be permitted. It was a great pity that more stringent rules were not enforced with respect to the admission of proprietors of games of chance to racecourses and similar places. The usual surroundings of a racecourse were not of a desirable kind. He considered the present charge fully proved, and lie would nut bo doing his duty if he passed it over. The accused had rendered himself liable to 12 months’ im; rlsonincnt with hard labor. Taking a very lenient view of the case he would be sentenced to seven days’ imprisonment with hard labor. ax artkk-I>ixxr.n xii’. Alex. Gordon, Francis James, and Fetor Kennedy, throe rather dissipated looking characters, were charged with stealing two bottles of Old Tom gin. valued' at 12s, the properly of John McJielh, of the Wnslidyke hotel.

John McHelh deposed flint flic accused, Francis James, came to his hotel at the Vv ashdyke on Saturday, lie was quiie sober, and remained as a boarder. Kennedy and Gordon eamcfo the houscyesfcrday (Sunday ). Thctbree were sitting in the billiard-room about half-past three yesterday afternoon. There were several cases of Old Tom lying loose in the room, similar to the one produced. The men were served with nothing but a pint or two of beer each during (bo day. Towards five o’clock witness noticed Kennedy and ■lames lying in the billiard room. The}' botli appeared to be drunk. Witness (old them to clear out. Francis James said something about bis swag having been stolen, and witness went to the stable in consequence, where he discovered Gordon lying on the ground drunk. Told him to clear out 100. After Gordon left witness picked up (lie bottles produced (the bottles were both three parts empty). Witness afterwards discovered that a case in the billiard room bad been broken open and two bottles abstracted.

Detective Kirby deposed as to the arrest of the accused. They were all more or less drunk at the time. Gordon said he went into the billiard room about 3.30, and that the others handed him a bottle of Old Tom. They wore drinking the contents of a second hot (Ic.

Thu accused denied all recollection ol: taking the gin.

His "Worship said there was too much reason to suppose that these men had been supplied with liquor hy McPetli while in an intoxicated state. Now this olnmce was positively monstrous and the cause of nine-tenths of the crime in the colony, lie also considered that (lie landlord had been very careless in leaving these cases of spirits in the way of the men. Drunkenness was, however, no excuse for their conduct, and they would each be sentenced to seven days’ imprisonment with hard labor. The Court then adjourned.