Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
This article displays in one automatically-generated column. View the full page to see article in its original form.

ALLEGED SWINDLING AT THE RACES.

At : -the- ReHlcl.e«t ■ Magistrate’s Court [this | unixning, d' "-Before Mr Nugent ’ Wbbcl, R.M., John Goldburg . iwasj •bharged with being an incorrigible ‘rogue witlpn/ the. iptent 1 and, meaning] of, ’tkb“Yagrant Act',• IpTtVforithatjh?, on the igthday of June, 1879, at Ashburton aforesaid, | wp?i. duly convicted ofgambling /With .false dice, and sentenced to three (tfgontW imprisonment, with hard labor ; ,{indi thej 27th day/of-May; unlkwfully play at a pretended game of. with a box and fifteen balls in a ,ip.ubli 3 .Tiiytvild steeplechases, to secto| 7, clause 4, of 'the aamovagrapey. .ii '-i 1 ; , r Felton conducted the prose;cution,!an4 jVsy[.J4w*iaflt« the ;accused»!r.v‘KT * noino'H : J«» •«">' . 1,1 ' J > Thp following evidence was taken : H. : Sergeant Felton deponed—Ye&terday.,

steeplechases. I arrived ahMf?f§"tifolock, there anuftt o'clock. I call out “ Ewm I layyeven I iffe black and ‘epr, ’and on the white?” 1 did not cffteli what odds Q« the table .m-, front of him !sis ■ the ' ’There was a ■'shilling di£sti«*fipf thp,squares|aud two 'ofl; another. ' ®* had the box ;pi;bdUmdiiD’efore hbpr ["The int&lfeW Sijuares of, ! cliffei%it colors,Ftwo being’black, two rcd,pmd ohe white. ] I went tip to him and asked Kira what he was doing, and he replied “ playing Sergeant, its perfectly fail - .” il r , iJr«*Q§op r pbjeptedwto.vtho. accused's observations previous to his being charged • being given in evidence. , ■ His Worship noted the objection. s ]”WithWs cofitmucd I said give' tne the arid lot me see. It contained the seven red, seven black, and one while ball produced,tried the balls and found vihat they'were of j sizes, the red being the smallest (all of one size) the black'"ffioTieXt and the white

the; largest.. here explaned that by means pf a shifting door to the box co\’«rii)g the,hole t.hrough which the balls were allowed to drop the accused could Coritrdl the jilay] /the positiHn -of the fame indicating the size of the ball’in the orifice.] I handed 1 the accused "into the custody, of •constabledSeill, telling him he was ■ arrested^ ■■ under‘’the- Vagrant 'Act 1 and charged with 1 Iplaying a' false gahie.' [The Sergeant here requested the ruling of the Bench regarding the admission of evidence asto a former conviction.]Mr Branson objected very strongly to such a course of proceedaro. ■■ > i! ' •

- The Bench decided to hear the facts o: the case first. • ■'

:; :Gr6Ss-examined by Mr Branson—l believe-the land on which the same was played was; Mr Garter’s. - i Ttwas ■ not a ■ strdetf afoad, or a high way.? ’ ■ ■ '|tyfyßrans(pi,gu;bpiit!ied under these circumstances the case must fall to the ground, the information being worded as that the game was played in a pubb’c piace ; but,.the act specified, that, .it must bo a street j a]rp{id|a4high?|y ) of ip, public ana open'place. His Worship decided the case should be proceeded with., , He was not prepared: to dismiss the case in the.face of previous convictions under |;he Act. , _ n ; ■ •,■• - v , 1 Withers continued—l know the‘land |>s in the occupation of Mr Carter. I cannot say if it is Crown property, hut to the best of my belief it is Mr Carter’s. Northing beyond.vyhat I havpstated.qcctp'iied. ; I saw the public enter by a gateway leading from the road, and races were run for public money. There was a booth on the ground for dispensing licensed liquors-,, and a refreshment b.opth, A ;grpnd [stand:,, lor the use of the,,publip to “view r< .the;,, faces from, and a portion of the ground' , fepceff off pa p.raee-cqurse...,;; j;; >q ■•] ?Rober£ Neill I am a , constable siatibfted at Ashbuftori: I Va& off dutyi in plain clothes 'at . the/. Ti nival d f Steeple:-c chpsps pt l about .a , quarter, t.p, yesterday afternoon. I saw the accused* Iplaying .at a’game'bf clianceu.i . There were., a pumper of tables and wheels at wqrk on., the ' ground'. He shifted ,ffis .table;, from whefe l'fifst’sffw Hfin to bppositaj .the- Grpn.d s Stand .where! ..the > tbiggesfe, croyvd , wps. He, sfar,tedy;.-,• playing directly Tic ] liad fixed his r saying, ! “'fi vffri l H ! lay ; ’ 'etch 1 ' ‘ I ; p»ay g 12 to lon the white.” I saw him play,.;

' seven or eight games. . I saw nipney on". the;table'on edcn Itrrie! ‘ a mait- , a;paftnejr. pffacdus'eiTsj: who took f a mtprqst; ‘bind was' tvirining,'as was also another mattj ■neat the'COtneriiof ,^Ke,: talfte. u ‘ : When! ,^jVnaUe4 T r (Sergeant .Felton) pre : ; Viotis' td* your cbfriitig - tip/ t J had been- ; ■ watching OaccWed : , for ’2t) imihlito37' ' On* 1 ..the,.fray, .sta^p-.a'pbnse^ skid, “ You might. square the matter witli£ - ‘ ffrA Sergerifft ; t '<l , ’d ybir LlOr than a lawyer L2. ” Mr Branson :. That shows his utter want of appreciation. Witness continued : I told him hp could '• fo it WNM to '4<T 'rifithhne. 1 found, on searching accused, Ll 7 odd and o pack of false cards t i. Mr Branson objected to such evidence being.admitted. . This, had nothing, to do with the case. iniThe BertMihvetrulbd thfehhjfeb'tidnv !! , ; // WitppEgj cpnj.jp u,a4 ,»• .tojxian&a. 'pair of dice. ' , r „y. ,*> Wjri , Mr Branson poihl’e&’buV'tJidt wat' dras i found, ip thp.ppsßesai9n pf.- th 9 accnpedihß;4 nothing.to do,with thecqse at point. . H, frahprejndiiiing fhe'Benclb' and' wfU 'ton-* f t tia.Ty.-ito i'then spirits ,?Abtl'df Parliament. , V v ;d<; d -T. jo Evidence continued : .A bag containing, 1 the cburiteffc and ifriothbc set of bards'.“ *•’ ‘ .. ■;Bergekht). r Eelton'requested' to be petmi ttqd to slip w ho\y the cards • were t ,false, r and give evidence of the previous cohviq- ! 'tipn; ‘' ‘" r ! : ,l ° _ ‘ His* • Worship > decided >to : admit: isuqht evidence. -ti'. - Sergeant Felton said : On the 3rd May, • ' IS??, the accused, was avtefctbd at 1 the . Ashburton r Hotoj. v -a .Oj i: ; . r Mr Branson pointed put that, the copYictibri rritist bh jiroVcd' by- V’efcbftß -' ■ •’ Deponent.continued : He was arrested for gambling with false dice. His leg i was-.brokon/ i durjng..th3 arrest-:;. ; Hp was, ' brought before IVtr Mellish c pn tlje Uth of ■ •July 'folldwihgi arid' cPWHbted - And 1 ' shri- ; ' tendedrtat threobmonths'’'; jmprisomnent,My ,Mellish that opty far hif . liaa*his' leg broken," lie woulfl have, peon , sentenced to 12 months. j«< ,J > ;; ;To Mr Branson,:■ J; cpftduct.9c( I tIW.P ro - .. secutiop., I did not see th,e reebrd. ,pf the convictibri. !•' 'dnfy-heatd ’ Bentehce : passed. This was the case for the prosecution. Mr Branson, forithe;dofence, contended _thJtHh'e,;ihfoimatibhJlvaa' faulty in that it specified that thp, offence was committed r in a -public pl/ibeiiistead of in ail Opfeff-and • public place as required mid or the wording of the Act.' The defendant also could not;be”convicted, of playing, in, a, public . place, for the ground wis the'privafe pro*' ‘ perty*of‘Mr Carter, and therefore,, not similar to a racecourse vested; in 'trustees, , 1 by the Grovcrnineht. oh behalf bf', Wife public.- ' Ho T|ubted frbrntlie 1 Au'slrdlliin, Juries Report, vol. ’6, the decision in the;' case pf Morgan y; pri'appeal p ■ ihb deferidarit having hcbH ! ,• ‘the Petty' Sessions, Barnsdalc, under the r - Public Offences Statute, 1865, Hop 265/' Sec. 26, : pf using'thfektenirig' atid ihshlt-;,;; ihg words and behanour’ih' a public'place towards the complainant,'the app’eaTbeing i made ;on the ground'that a room in ifin'vVas hbt a-public place; As fol!6Ws- ! :‘ ■ -—Mr Just ice'Barry in Swan v. McNinnan ] the justices thought that the bar of a i public house could not, under any. circjum- ] 'stances, be a public place. This court - ] held - that ( it was not proved to have 1 Mm’ij 'so # ‘. it m%|t be so , under - ' some circumstances.' A pub- i SRfc Jiohse is riot' alptlblic;place \ riyfthin- t]ie meaning; of.this a dpar distinction between a public .place .t and-'i>, place pf public BpSQ£t- A i!qo#i in ( T .a publip or private house may be either c according to circumstances. If a Court c .were- held ■ in, ,a.,public house thq -room jc inb whiqh it- was held would pc PfßribUo s place,, if after that purpose had been t served an auction qale wcre held in the 0 same loom, 1 it would then be a place of t public resort. A public place is a place l] wheroiajl jb)\e ppbjip/.ayq ( al) o 'vp4 ll < >1 apd, yamas? |at any hour of the twenty- a four- There is an obvious distinc- p

tiqia,.,, IjptyopjKv• ,( w4r ,j fifr 21 *£U which the public j: maw | rpaorf for pai&MM oenaimhours only. pWe+and although it had been called a thore,;|sruq,pretence; that /dt;wa?i tPivW..tJ»u ;^nae ; ip, whlAl\,:dho !; word;. IjOh o ?PWSb' f Wi< ,ia. dpqv.. ppt< a “ times. It SKfflt* fibwoftseW*

resort. All the cases are reconcilable*! [Case v. Storey, L. R. 4, Ex. 419; SkinndW v. Usher, L.R. 7, E.B. 423.] The factS

in each differ.” Appeal allowed, v.itSi] costs. r . ~ ; His Worship reserved, decision 'sll P-m- ''"4 J % USj His Worship, on the Court'j-esoiaing,-, said —This case is brought U after 7 of section 4 of the which provides that “ any pttjSßrk.pSjrin®' or betting in any street, road, highway, or any other open or public place, shall bo deemed a rogue and vagabond.” The question raised by Mr Branson is that the - Ashburton Steeplechase course was not a public place, being the property of Messrs r Wilkin and Carter,'and was merely lent for the occasion j and au'SKoritrS'’'“land“'reading" Mr. justice Barry’s interpretation' of Hie term,

“ public place,” as given in A.J.R., vol. 5 page IGS, in the .appeal case Of Morgan v. Smallman, and the other cases cited in the same _c sea, I can comp, to no conclusion 7 / but' ’ that the steeplechase course was not .a.public place, biit merely a place of public resort., The prisoner is, dischArgecr. * *'

This article text was automatically generated and may include errors. View the full page to see article in its original form.
Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18810528.2.11

Bibliographic details

ALLEGED SWINDLING AT THE RACES., Ashburton Guardian, Volume 2, Issue 356, 28 May 1881

Word Count
1,546

ALLEGED SWINDLING AT THE RACES. Ashburton Guardian, Volume 2, Issue 356, 28 May 1881

  1. New formats

    Papers Past now contains more than just newspapers. Use these links to navigate to other kinds of materials.

  2. Hierarchy

    These links will always show you how deep you are in the collection. Click them to get a broader view of the items you're currently viewing.

  3. Search

    Enter names, places, or other keywords that you're curious about here. We'll look for them in the fulltext of millions of articles.

  4. Search

    Browsed to an interesting page? Click here to search within the item you're currently viewing, or start a new search.

  5. Search facets

    Use these buttons to limit your searches to particular dates, titles, and more.

  6. View selection

    Switch between images of the original document and text transcriptions and outlines you can cut and paste.

  7. Tools

    Print, save, zoom in and more.

  8. Explore

    If you'd rather just browse through documents, click here to find titles and issues from particular dates and geographic regions.

  9. Need more help?

    The "Help" link will show you different tips for each page on the site, so click here often as you explore the site.

Working