ILLEGAL RACING.

Taranaki Daily News, 17 August 1917, Page 8

ILLEGAL RACING.

A FRIENDLY TROTTING MATCH, At the New Plymouth Magistrate's Court yesterday, 'before Mr. A. Crooke, S.M., John Barrett, of Pungareliu, and Allan Montagu Sims, of To" Kiri, were charged with having on Juno 27, between Rahotu and Opunake, committed an offence against the Racing Act, lOftf, by holding a trotting race between Rahotu and Opunake. Mr. A. 11. Johnstone appeared for Barrett, and Mr J. M. Quilliam for Sims. Mr. Johnstone said he must plead guilty on behalf of Barrett, as his clienl: had indicated to the police that lie would do so, and ho (counsel) had been instructed accordingly. Sub-Tnspcetor Mcllveney said Barrett's statement to the police was that he would plead guilty to save expense, but that he was ignorant of the law. Mr. Quilliam said his client had made a similar statement to the police, and he therefore was also bound to plead guilty, but what both parties really meant was that they admitted a trotting watch between the two horses had taken place. A question had arisen between the two men as to the trotting merits of their respective horses; it was agreed to test them in a race from Rahotu to Opunake, and the race did take place, but there was no money on it. Counsel submitted that the Act under which the information was laid did not apply, and was never intended by life legislature to apply to such a case. The title of the .\ct\vas, "An Act to Control Race Meetings" and was passed for the purpose of .suppressing unregistered meetings and so protect that national gambling machine known as the totalisalor. If it was held to apply to such a tc.it as bad taken place between the horses of the two defendants, then a ridiculous position such as the following might arise: Ij?» two young sons of a farmer were engaged helping to muster sheep on their pet ponies, and if after their work one said i to the other, "I'll ra.ee you to the fence,'' and the race took place, then both would be liable to arrest without warrant and to imprisonment for a term not exceeding two months. Surely the legislature had never contemplated such an absurdity. The fact that a trial of speed Iliad taken place was admitted, and the whole question for the Court to decide was as to penalty. | His Worship said that as both dejfendanls had pleaded guilty they must ; be convicted.

Mr. Johnstone said lie had only to add to what Mr. Quilliam had said 'that the defendants had given no trouble to Hie police and had pleaded guilty to save lexpense. Probably the men did not think they were doing ain harm. The Act was intended to deal willi unregistered meetings, so as to provide against races being held that were not under the proper control and supervision of licensed clubs.

Sub-Inspector Mellveney said his attention had been drawn to the matter by a paragraph in a newspaper that a trotting race had taken place for .-ClO a-side between two well-known settlers.

His Worship said it was not always advisable to rely on the newspapers. Sub-Inspector Mellveney said it was advisable when such statements appeared in the newspapers for the police to make inquiries as to their correctness, so as to avoid the asking of questions in Parliament as to what the police were doing to permit such things, as was •■omeiiiiios done in connection with ordinary gambling and book-making eases. In the prescrtt instance inquiries had been made, and it was found that the two defendants had been heard agreeing to tiie race, one of them having stated that his horse could beat anything in the district. 'One of the witnesses, who would have been called on had the ease been deii-ndcd, said he had heard them agree to :'J.3 a-side, while another statement was to the ell'cct that it was for £lO In their statements to the police both defendants admitted the race, but stated that there was no money on it. The race had been followed by motorcars, tuid there was a gathering at the Opunake Post Office to see the finish, whore both competitors were cheered, lie submitted that there had been a competition, and whether it took place on a I'oad or in a.paddock did not matter. The question of penalty was, of course, one entirely for the Court. His Worship said the case was a trifle more complicated than had been indicated by ecunsel, liecause the trotters had been accompanied by motor-cars and a number of people had congregated to watch the result. However, be thought the case would be met by a conviction and merely an order to pay costs— Barrett 4s Gd and Sims 12s.