BETTING PROSECUTIONS.

Taranaki Daily News, Volume L, Issue 57, 9 March 1907, Page 2

BETTING PROSECUTIONS.

Jlefore Mr \V. U. Kiddell, HM., on Friday afternoon, James Marsdon, Albert Champion, Clias. Saudow, Frank .Morrow, Win. Scanlon, Clias. Stone, and Clias. ltoekfellcr were charged with having on 27th and 28th February last, used the New Plymouth racecourse reserve, a public place, for the jnt.rpo.scs of betting. .11 r \V. C. Covett appeared for the informants, and ilr Koi.ert Spencc, of Stratford for live of the defendants. Win. Scanlon and Chas itoekifftller were and none of the defendants appeared in person. Mr Spence asked that 'the cases be adjourned until after the next sitting of the Supreme Court at New Plymouth, on the ground that during that sitting was to be heard an appeal against the decision of Mr T. Hutchison, S.M., in previous cases, wherein lines had been iullcteJ. To proceed with these cases now would mean a good deal oi argument, which would have to be repealed in the higher court. lie said there was authority for adjourning pending a Supreme rourt action. .Mr Covett said that there were several witnesses in Court, and he thought it unnecessary to go to the expense of summoning lhe.se for an adjourned hearing. He suggested that the Court should take the evidence of fact now, and then adjourn until utter the Sujil'eine Court had decided on the appeal. The Magistrate said there were two questions involved, of fact and law. On the law a decision had been given in this fjourl, and had been njepoaled ngain-l. That appeal had not yep been heard. He would hear the facts, but did not think it worth while 1o argue the law before ilus Court. After getting the facts he would adjourn the hearing until alter the Supreme I'our-, sessions. All- Covett jmi in a co r „f 11„. .\V,v I'lv nth borough l.\-!.= . . .■■ ~,,,<■ of the local Act governing .-■ rac-curso reserve, and the liurouvm Council's ceitilk-ate ol title. [ Mr John rikinnor. memorised sur- [ vcyor, proved that the defuudnnU were betting on pnrt of the reserve. Constable- Hud iy, of Inglewoo i, 0 ue evidence that he had the defendants belting on both days of Hie n--cut. 'meeting, f lc'bjiite the fact [that they had been warned before the lirsl race on the lirst day, and 'iliat they had been served with summonses on the lirst day. They were calling odds, and Cliainjiion, Scinilon, .Morrow ami Stone wore bags bearing their names. The others were clonks. '

.Mr S|i,-mv asked 11, ■ Conn (o nolo Hie |..l!.i\\ in- liH-is, which were admitted hv I he i-uiln-cl for l!.e olher s'de: Thai rhe defcialaiil. p..id lor admission to the i-our.se in Ihe ortlinarv wav: thai ■,!:.- Taraiiiiki dockey Olnl'i made no I n i ".nlnS'ons under the Governing Act: that no by-law or regala"tion was made by the Borough Council under the J'libl e Reserves Act respecti„e- the racecourse reserve, Mr G'ovelt would not admit thai no notices regarding the prohibil am of belling on the reserve was posted on (he reserve, awaiting evidence on the point.. The hearing was then adjourned .si :e di.e