THE BOOKMAKER'S LIABILITY.

Wairarapa Age, Volume XXXII, Issue 10063, 9 June 1910, Page 5

THE BOOKMAKER'S LIABILITY.

IMPORTANT DECISION. By Telegraph —Press Association. WANOANUI, June 8. A decision of great importance to the betting fraternity was given by Mr Justice Elwards at the Supreme Court, this afternom. At the March races a bookmaker named Barns was plving his caiiinsr. He sclented what was describe 1 as an absirl .price about the f lvnurite, Lady L'icy. The favourite won, and Barns drc'ared that he was "broke."' Uf>. offered to r3p.iv the deposits to the est mt of the mon?v in bis bacr, and tn rav the balance at the Rutland Hotel in the evening. H a p-jid out t*e available money, and was then arrested on a charge of theft. Previous tn the race starting, but after the "betting closed, Barns was seen to hand a bundle of notes to his clerk, Coakley, who then disappeared. Coakley and Barns were brought before theS. IW., who sentenced them to one a T :d three months* imorisonment respectively. They appealed, ar.d th* aent?ncp.s were held in abeyance pending the appeal, which waa heard to-day. Mr Justice Edwards said no jury would convict on such evidence, and quashed the conviction without cal'ing upon the defence. He said that in order to succeed the Grown must prove that Unaccused, at the time of taking the deposits, hpd formed ari intention ot stealing them. The Crown Prosecutor: There would be great difficulty in this case were it not far the fact that the accused was making away with his money. His Honour: He had rot the money on him, but it does not matter where it was. In concluding, his Honour said that when a depogitor's money went into ?, bookmaker's possession it really became the bookmaker's property. The depositor risked the bookmaker's solvency; not necessarily his respectability.