BOOKMAKERS PROSECUTED.

Taranaki Daily News, Volume XLVII, Issue 8025, 11 January 1906, Page 2

BOOKMAKERS PROSECUTED.

VALIDITY OP BYE-LAWS TO . HE QUESTIONED. The charges laid by I lie Taranaki Jockey Club against a number of bookmakers for betting at the Christinas meeting, were called at the New Plymouth Police Court on Wednesday before Mr T. Hutchison, B.M. The defendants, Henrv Hue, John McAnally, Patrick Conway, Patrick Flannagan, Steve Faliey, and Daniel Campbell, were charged that they did, unlawfully, use a public, place—the New Plymouth Recreation and Racecourse reserve for the purpose of betting, contrary to the provisions of the New Plymouth borough bye-laws. Mr Quilliam prosecuted on behalf of the Jockey Club, Mr Spence appeared on behalf of the defendants Flannagan, Campbell and Faliey. Hae, Conway and McAnally were not present or represented by counsel; but Mr Spence said he understood that Flannagan had been asked by Rae to engage a solicitor for their defence, ana it might be advisable to adjourn the cases against the three latter defodarts. He r ipl : e:l for an ndjo. v nn ent of the eases in which he was appearing also, as he hau only been instructed the previous r : gl:t. Mr Quill-m said he was instructed to proceed, but he was agreeable to an 1 adjournment of the cases in which Mr Spence was appearing for the defence, j The Magistrate intimated that ho , would take the undefended eases ex parte, and the ease of Henry Rae was iirst called. ' Mr Quilliam said the informations ' were laid under Section 10, sub-Section I 26, of the New Plymouth borough byej laws, which provided that any person s was guilty of an offence who used any public place on behalf of himself or '■ any other person for the purpose of book-making, or betting or wagering. ° A ' public place' was defined to inelude squares, gardens, racecourse, recreation grounds, and places of publie resort which, for the time boing, were open or used by the. public, y whether by payment of an entrance fee •> or not. These offences were alleged to S havo been committed on the property ■■ known as the Recreation and Race- '• course Resorve which was vested, under a special Act passed in 1887 as a ref serve for the recreation of the people, S in the Mayor, Borough Council and Burgesses of New Plymouth. Under s the Act the Borough Council was given power to make regulations for : the proper control of the reserve, and '■ provision was also made for the Tara- ™ uaki Jockey Club holding race mectltl iugs on tho reserve on certain days of 8 the year. Tho Jockey Club was also empowered to make regulations regarding the reserve, but had not done so. II The by-law under which the informs--0 tions wero laid was made under Section ,e 403 of the Municipal Corporations Act, 1900, under which mthori'y was given to make such by-' nv< as should seein necessary for !'e;;.p I ing and controlling, among other things, all recreation reserves. The sruidstand enclosure att'.e racecourse being the freehold property of the Jockey Club, no betting was permitted there, but the bookmakers took their stand on the adjoiuiuing reserve, and openly plied their calling during the two days of a the meeting. If an offence were proved, the by-laws provided for a ' penalty not exceeding £2O in each * case. John Skinner, surveyor, produced j. certificate of title to the reserve. Witness was present on the reserve on December 26th, and saw six or seven different bookmakers, the defendant Rae being ono of them, and during the " day was engaged in calling odds on the various races. Detective Boddam produced copy ' of the Borough by-laws. He was pre- " sent on Decern!):?!' 26th and saw de- * fendant on the reserve. Witness j previously knew Rae, who followed the occupation of bookmaker. Rae was carrying a bag inscribed " Henry Rae, Wanganui," and was calling the odds in the usual way during the whole afternoon. Witness saw several persons g.) up to Rae, pay ~ioney and receive tickets, and some afterwards present tickets and receive payment. Mr Spence, in reply to the Magis. ■t trate, said tiie defence dealt with the f validity af tho hj-'aw. '• The S.M. inti .lated he would ren serve judgment until tho other eases '■ had been heard. Tho case of John Macinally was if then taken. 0 John Skinner and Detective Boddam gave evidence regarding the alleged offence. Macinally was belting under the name of " Jim l'ercival," that name being inscribed on his bag. j The Magistrate asked whether the defendants had been warned. Mr Quilliam pointed oat that the , borough by-law and tho Jockey Club's notice wero advertised in the papers. Detcotivo Boddam stated ho served t the summonses on the second day of >' the races. 1 Patrick Connolly's case was next called. The evidence of the prosecuf tion showed the defendant was wearing . a bag inscribed "W. Eager." t Detoctive Boddam saul he had known defendant under the name of Patrick Shcehan, alias Conway, 1 The S.M, adjotirnod the hearing of i thp olwrgos against Flanmgan, Campp bell and Faliey until Friday, lllth inst., when judgment will also be given iu the cases already heard.