WAITARA GAMING CASES.

Taranaki Daily News, Volume LVI, Issue 210, 5 March 1914, Page 7

WAITARA GAMING CASES.

SEQUEL TO POLICE RAID. ADJOURNED TO NEW i'L-YMOUTFI. Tlic sequel to the raid recently madeby the New Plymouth police ou t'.it premises of Roy Jury and Thomas Hellier was heard in the .Magistrate's Court at Waitara yesterday, when Hcllier and Jury appeared before Mr. A. Crooke, S.M., to answer to charges of having kept common gaming houses, and ct having received moneys for liets on | racehorses. Senior-Sergeant lladdrell prosecuted on behalf of the police, while Mr A. H. Johnstone represented Hellier, and Mr. l'\ E. Wilson appeared for Jury. The cases were heard separately, liellier's being taken lirst. At the opening' of the case against Hellier, Mr. Johnstone explained that he proposed to enter a formal plea of "not guilty," and to ask that the ease be adjourned to New I'lymonth for the hearing of the case for the defence. His reason for doing so was that he had not had an opportunity of seeing the information and other papers. He had been given to understand that these were at New I'lymonth. but on inquiry from the police there he had found that they were not available, and although the-Scrgeant had supplied him with the gist of the case, he wanted further time to look into the technicalities ot the charges. It might he that at a later stage of the proeeedings he would advise his client to plead "guilty," but at present he could not say so delinitely. After reference to Sergeant lladdrell, this course was agreed to, and the case against Hellier proceeded.

POLICE EVIDENCE. Constable Lapouple, stationed at Waitara. stated that, under warrant, lie searched the premises of Thomas Hellier on February 28 in company with Constables lioiilton and . Brown. His companions remained in the billiardroom occupied by accused, while witness searched. He found accused in the shop talking to one Ernest L»vwidge. He called accused to the billiardroom and told him lie had a warrant to search the premises and arrest him if necessary. Accused fainted, and was lifted into the billiard-room and brought round. Cash and cheques amounting to £4l 8s were found on his person. Amongst the cash was 10s in halfcrowns, which witness had marked on the previous evening and given to Constable Brown. Witness and Constable Brown then searched the premises, and on a counter near the window they found a book with several entries relating to horse racing. The book was produced.

At this stage Mr. Johnstone objected to the production of any books or documents found on the licensed, stating that he would argue on that point at a later stage. His objection was noted. Continuing, the witness said that on a chair behind the counter he found race cards relating to races at Wanganui, and these had the names of races and race horses on them.

Mr. Johnstone here also objected Lo the production of these curds, and to witness' statements rcgardiiis them. CdXCERXIXfI A IiOOK. • Continuing, witness said that just prior to entering the preinhcs he saw accused place a book where witness had afterwards picked one up. ilellier was the owner of (the premises searched, and had been previously warned. Mr. Johnston: ] object to these statements. They should not be allowed at this stage any more than a statement of previous convictions (if nny) would be.

This was upheld by the magistrate. Sergeant Haddrell' then proceeded to ask the witness to explain the nature of the hook which lie found in Hellier's premises.

Mr. Johnstone objected. There was nothing to show that the constable was an expert in such matters, and none but expert evidence should be admitted, lie hoped the witness was not a bookmaker. The nature of the book was for the court to detenu ine.

SPECIMEN ENTRIES. Senior-Sereant Haddrell rejoined that the constable was an expert in thesfl matters. He asked the witness to read some of the entries in the book. This the witness did, stating that in his opinion they were records of bets made on racehorses. They were as follow: "Thorn])— Tiresome, 'ids; Moutoa Girl, as; F. Marr, Sir Solo ss; Aust.; Sea King, us; St. Gate os—W. .Jones." All the horses named in these entries, said the witness, were those of horses entered on the race cards for the Wanganui meeting, which was in progress at the time of the raid. These cards were produced. He knew a man in Waitara named William Jones. To Mr Johnstone: He knew several men named "Jones'' in Waitara. He entered the premises at about 2.50 p.m. on Saturday last. It was about three minutes before accused recovered from his faintinf fit. Saturday was a busy day in Waitara. He arrested accused after he had searched him.

DECOY BETS. Constable Joseph Brown, stationed at New Plymouth, stated that from February 21 to 2S he was in Waitara and paid several visits to llellier's premises. On February 2(1 he was there in company with a man named, as far as he know, William Jones. lie made his acquaintance in Waitara. When they visited llellier's shop witness went into accused's barber shop followed by Jones. Jones asked accused if lie was doing any betting that day. Accused walked into the billiard saloon, followed by witness and Jones. Jones put 5s on Tiresome for the Wanganui Cup, and wit- | ness did the same. Accused produced a small hook and made an entry in it. The book produced was the one in question. Witness then said to accused that he would like 5s on Patronale for the Stewards' Handicap, and accused made the bet with him. taking ss, and writing again in the hook. On February 28 he visited accused's premises again and bought some small articles. Then he asked for a bet on Tiresome in the Wanganui Stakes, but accused said: " No, I hear there is a'tec' about. I have to be very careful." Witness then said it was all right, as he had had a bet on ,the previous Thursday. Accused said "1 don't remember you." Witness then recalled the circumstances to accused, who then said "all right, what do yon want?" Witness replied: "Ids on Tiresome on the Wanganui Stakes," and handed accused four half-crowns. Accused made an entry in the same book. Witness gave the name of Thompson. All the coins he gave accused were marked. The book appeared to he kept on the counIter, where it was subsequently found. After the bet was made, another man came into Hellier's shop and asked Hellier if he was busy. Accused asked him to wait. Witness went into the billiard-

room i'.nd sat down. Then t'on-lei/Y-i Lapoule and I'nullon came : n lr. She hack door of (he billiard-riio-:. . : .- ;.'cn corroborated the slory of I In, -eee. e ami arrest as told liv the previous witness. To Mr .Johnston- When Hellier collapsed, it was some Utile lime h'-m----he recovered. Darin;: that linn- wi;ncss went through his \m: Lets, but he >vas not wholly unconscious, and was locking intelligently at witness. Tiresome was a favorite lior :.:> of witness' but had never won anything. Tie had ■■ little difficulty in making the bet on the Saturday. Accused would not take the bet until witness allayed his cnpicions. All the coins he gavo Hellier on February 2S were marked on the Crown side. He never met Jones until he came to Wnitar,!, where in: became friendly with him. The purchases he made at liellier's ehnp wen: all designed to allay his suspicions. The case was then adjourned till !1 a.m. on Monday, at Now Plymouth, bail being renewed till that date, on the previous surety.

CASE AGAINST JUl',7 Roy Jury then pleaded not "iiii ,y to similar charge?, Mr Wilrin making an application for adjournment similar to that made by Mr Johnstone. Senior-Sergeant lladdrell deposed thai, on February "28 lie visited ivciised's WHard saloon and hairdresser's shop, with. Constables O'Neill ami Wroblenski. Jury was attending to a customer in a 'earner's chair, and wilne-f told him he had a warrant to search hi-> premises. After the search was made, Jury was arrested, and on him was found £l9 2s sd. Accused asked witness to keep separate 10s of this, which he said belonged to the billiard saloon moneys. Witness agreed to wrap it up separately, and for this purpose accused handed him a telegraph form. When opened, this proved to have written on it a message, which accused had apparently intended to send, addressed "P. Flai.rgan," ami reading, "Did not Cheddar pv 13s fid?" Two racing cards were ;i!so found—one for February 20 at Wanganni, and one for the second day's -raiing there, which wa a in progress on that day. These cards, said the witness, were marked with the names of winning horses and code indications as to the dividends paid. Mr Wilson here asked the witness how he knew this, as he had previously said that he knew nothing ol , icing." Sergeant Haddrell rejoined that theie were matters of common knowledge.

A FRIENDLY WARNING. Statements of account, said the witness, were also ■found, these being, apparently, between witness, and his principals. A letter was also found, which read as follows:—"Just a few lines to ■tell you to be careful, as 1 know they will try to catch the lot of us this week, (f anyone is caught, it is sure to be me. Los. told me he might be out before Thursday, ami would explain.Bert."

To Mr. Wilson: lie did not know how many pockets Jury bad money in. He did not ask Jury how. he came with so much money. July did not say it was for change on Saturday. He asked him what the cards were, for his own information. He bad only seen a racing card once, and at a distance. The cards found, however, spoke for themselves. He! asked Jury what they were .because he bad not then studied them at all. Constable Wroblenski, stationed at New Plymouth, corroborated the previ-

(His witness's evidence as to llio search. He produced other Wanganui race cards and statements of account. Accused said to Constable Jlrown, who was. also searching: "H's just as- well you didn't get that bet on with me this morning.' To Mr YVison: lie tliouj.ht Jury wan arrested before the search was made, but witness was not in the rcoai when the arrest wax made.

A FRI'ITUCSs: ATTEMPT. Constable Brown was then called, and stated that he visited Jury's premises several times during the week ending February 28. On that day, at 11.30 a.m'., he had a. hair-cut and shave there, and during that time two men came into the saloon, stayed there about two minutes, and went out. Immediately afterwards a man came into (he shop from the billiard saloon, and said: "Here, put that on Mcrrie Frank, in the iirst race," handing ,lury some money. Jury took the money, and put it on a towel'on the shelf. Tie then lifted up a book from \ small ,box on the wash-basin and maie an entry in it. The man then left the shop. After witness had paid for his shave, he asked Jury if there was any chance of getting a bet on. Juryl said: "No, you .may get it on up the road. That's where I have to take any bets I make." Witness then left the" shop. He was also present at the search, as related by the other witnesses. He found on the premises the book in which he had seen Jury make an entry, also other papers, which he produced, including old Tattersall's tickets and racing charts.

To Mr Wilson: lie had told the Court all the conversation which took place in the saloon. The hairdresser's shou could not be entered except through the billiard saloon. The man who came into the shop did nut ask for a card. He did not say "Here is the £]• I owe you." He did not know how much money the man gave Jury, lie was sure the'book produced wa.- the one in which Jurv made the entry. He told Jury he bad been informed he could make a bet there. Mr Wilson: Then you didn't tell the Court the whole of the conversation which took place? Witness; I had forgotten that part. AN KXPFIiT COX ST ABU?. Constable Lapouple was handed some of the papers found in Jury's premises, which he said he took to be racing memoranda recording .bets made on horses. The last entry referred to horses which were competing in the last New' Plymouth races. Tie read some of the entries. Tin; witness then stated that one of the cards was n "double chart'" showing the odds obtainable on any tws horses. These odds he explained fluently by various examples. These referred to the. two days' racing at New Plymouth. To Mr Wilson: He had had' a. vast Australian experience in racing matters, and his .evidence was given. from his own knowledge. He knew these charts referred to the New Plymouth races, because all the "doubles'" mentioned were starters in the New Plymouth races. Sergeant lla.hlrell, recalled, told Mr. Wilson that Jury was nrrested after the search of his ncrsoh and the premises' had revealed what ho considered incriminating evidence. This closed the case for the prosecution. The previous bail was extended unti 1 Monday next.