THE "TWO-UP" CASES.

Taihape Daily Times, 9 May 1919, Page 6

THE "TWO-UP" CASES.

o TWELVE PLAYERS' CONVICTED.)

EACH FINED £5 AND CASTS.

At the Auckland Magistrate's Court yesterday, Mr J. E. Wilson, S.M., delivered his judgment in respect of the charges against some twenty-four men who were accused of having parti-

cipated in "two-up," a game of chance, in a public place at Dcvonport, on Sunday, March 30, the place of the "school" having been the brick kiln of Messrs Duder Bios., near the racecourse. In the coin's,' of his decision, the Magistrate remarked that some of the defendants were observed to be actually taking part in the game, either by using the "kip"»ov by wagering, while the ethers, it could only be said, that they were present-in the ring. As to the contention that the place of assembly was not a "public place" in the meaning of the Gaining Act, he considered the definition intended to describe a [dace a: which the public did in fact assemble, whether or not money was paid for admission. After quoting judical interpretations on thje subject, Mr. Wilson added: "A considerable number of men habitually resort, to this place, and though the owners are said to object to their presence there they suffered Thern to do so and took no steps to treat them as trespassers. They have come and gone at will, and this seems to me in ' itself under the circumstances to bring the place within tiie definition. The defendants Francis Joseph Swind'ley, Norman E. Harris. A. and C. Morris, Elias Mandich. Reginald Benjamin, Samuel Henderson, Charles Howard, William Xeary, Bert Murphy, Walter Preston, and George Barrett are convicted and each is fined £5. and ordered to pay 15/(5 costs. With regard to Patrick Henderson. Donaldson, J. and M. Tobin. G. and A. Thomas, J. M. Angrove, K. Bennett. C. J. Marks, F. Pobrica, G. Delich, and A. McKcnzie, there is no evidence they actually took part in the game. Their unexplained presence is evidence of complicity in the offence, but if is not conclusive. As they were under observation for a considerable period Without any overt acts being noted from which it might be deduced that they at least aided and abetted the actual offenders, I think they are entitled ; ( .) ;■, dismissal of the informations against them, and they art- dismissed accordingly."