PLAYING TWO-UP.

Shannon News, 30 September 1921, Page 4

PLAYING TWO-UP.

THE DEFENCE COLLAPSES. At this morning’s sitting of the Levin Magistrate’s Court, before Mr J. L. Stout, S.M., eight young men, named L. Broughton, C. Newport, A. Channings, N. Joll, R. Henderson, W. Poad, H. Cole and H. Wilson, were charged on the information of the police that on August 28, 1921, they did unlawfully play by way of gaming, in a public place, to wit, the Levin Domain, with v coins used as a means of such gaming at a certain game of chance, to wit, two-up, contrary to the form of the statute in such case made and provided.” Mr P. H. Harper appeared for' defendants, who pleaded not guilty. Constable Bagrie prosecuted, and stated that the information was laid under Section 8 of the Gaming Act. Giving evidence, he stated that on Sunday, August 28, at about 4.40 p.m., be was passing along Queen Street arid saw a crowd of men in the Domain near the baths. They appeared to be playing some game, and, by making a detour got within 20 yards of the players unobserved. He watched them playing two-up, and Poad diet the tossing. The conversation among the others was, “I’ll back heads, ” “Who wants to back tails?” He heard another say, “I want to back heads,” then someone said “Let her go.” He could distinctly see the coins in the air. Witness went from where he was among the trees and went over to the players.- Henderson was walking away, and witness called to him, but he did not come back. The others remained and he took their names. One of the number said “We 7 are only having a little fun playing for pennies.” Not one of them, denied playing two-up when witness accused them of it. He believed they' were only having a little fun, as they were only young fellows. He thought they were playing l'oiv'pennies and not large amounts.. Witness-saw Henderson next day, and -he said, he was not playing, and that the others were not playing two-up, but pifeh and toss. Mr Harper: The game of pitch and toss - has elements of skill. / . His Worship: Oh, rubbish, Mr Harper. If there was throwing of coins it was chance and not skill. • Mr Harper pointed out that .even the tossing of coins was not an offence unless there was wagering. The ''defence was a complete denial that two-up was played, but what was played was pitch and toss,, a game that was played by children at every school in the country, with the difference that match-box lids were used instead of pennies. / ■ WITNESS CROSS-EXAMINED. Mr Harper: Where was the party on the Domain? Constable Bagrie: Close to the.baths. Counsel: In full view of anyone on the • grounds? Witness: Yesy Counsel: Don’t you think if they were playing the game of two-up they would have gone to a, more secluded spot; in fact, they could have gone into a shed there? , i Witness: I don’t think they realised that. They did not expect witness to come out on a Sunday. ' 'H$-' ! Counsel: Do you know the game of pitch} and toss? Witness: Yes? ' Counsel: Did you see a kip used? Witness: No. Counsel: Did you see any lines on the ground such as used for pitch and toss? Witness: No. Witness: Did you notice if the ground had been prepared for two-up? Witness: No. I accused them oi two-up and they did not deny it. Mr Harper quoted a judgment ol the Chief Justice; who held that no. offence had unless wagering had taken place. Counsel submitted that if there was no wagering in the present case, there was no offence, The defendants had not dont anything illegal. A WITNESS FOB THE DEFENCE. L. Broughton stated, lie was in the Levin Domain on Sunday afternoon, August 28. With some companions tie went for a walk to the 1 Domain, and it was suggested ifhat. they have a game of pitch and toss. Two lines were drawn on the ground, and the the pennies were piteheid to the lines by the players. They Had played for an hour when Constable Bagrie appeared. , There was noj one using a kip. He did not kno w what a kip was. There was no netting. Constable Bagrie: Do you know'that it was all round the town the same evening that you had been' caught playing two-up? Witness: Yes. Constable Bagrie: Did you notice anyone in the grounds besides yourselves that day? Witness: No. Constable Bagrie; Then it must have been one of your party who put it round that you we?re playing two-up. The constable added that- lie was not

responsible for the statement being put about the town. • In reply to the constable, witness said that the players were not betting on the game they were playing. The next witness was Norman Joll, who said that after playing pitch and toss for about an hour they commenced to play two-up. Constable Bagrie: You say that after playing pitch and tcfss you went on to two-up. f Witness: Yes. Constable Bagrie: Was there betting on heads and tails? Witness: Yes. Constable: I am pleased to see that this boy respects his oath. Mr Harper (to his Worship): I was not aware of this, sir. It is useless to go on after that evidence. His Worship agreed that the case could not proceed. x Constable Bagrie pointed out that it was a most serious thing that one witness was prepared to come forward and deny the charge of two-up. His Worship: “That is the most serious aspect. Constable Bagrie has given his evidence very fairly, 1 and pointed out that he did not regard the case as very serious, but now on the face'of the evidence one witness has stated what is tantamount to perjury.” He,.could not overlook that, and Broughton would be heavily fined, as his offence was most serious. He would be fined £5 and costs, and the other defendants £1 and costs. “It pays to tell the truth in this Court, ’ concluded his Worship.