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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 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 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. * *'

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

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

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