THE GAMBLING "RAID."

Auckland Star, Volume XXX, Issue 191, 14 August 1899, Page 5

THE GAMBLING "RAID."

ACCUSED BEFORE THE COURT.

At the Police Court this morning, before Mr T. Hutchison, S.M., Claude Reilley was charged with being on August Oth the occupier of a house situated in Karangahape Koad, kept and used as a common gaming house within the meaning- of the Gaming and Lotteries Act, 1881.

Sub-Inspector Wilson conducted the prosecution. Mr lieed appeared for the defendant, who pleaded not guilt}'. ■ Constable Johnson said he visited Reilly's shop on the night of August Oth in company with several other constables. Heard the rattle of dice and the jingle of coins from outside the building; the sounds continued till 1.30 a.m. A man standing at the door appeared to be "sentry." A few men came out about 1 o'clock. Had watched the place previously on the night of Saturday, .July 29th, and listening- outside the window had heard the jingling and rattling of coins and dice. Two men were admitted while witness was watching, and some came out about a quarter to twelve. Watched the place also on the evening of Saturday, July 22, till about 11.30 p.m., and heard the noise of dice

and coins. On that occasion men stayed in the place till 3.30 on Sunday morning-, the door being kept locked. A man was standing iii the doorway. Watched the place on the night of Saturday, July 15th, from 11.30 p.m. till 3.30 on Sunday morning, with the same results. The door was locked on that occasion also. On the night of July Bth similar observations were made by witness.

Cross-examined: The shop was divided into two by a partition; the back portion being- the shaving saloon. There was another room behind that and an upstairs. The front door was locked, except, to admit people. Witness tried the door at 11.45 and found it locked. A watcher came in and out of the door at intervals, locking1 it when he went inside again. Witness watched from the opposite side of the road, and on occasions stopped on the footpath in front of the shop, from where he could hear the rattle of dice distinctly, the sound coming from the shaving saloon.

Mr Reed: Well your cars must be better than mine for I tried it last Saturday night and could not hear the sound at all.

Sergeant Walker, who laid the information against the accused, stated that he visited the. accused's shop early on the morning of the Oth hist. Accused and six others were in the shaving saloon behind the shop on their knees, in a circle, on the floor. The room was well lit up. Search was made and a dice box was found containing three dice. The men did not get up when the police entered. Witness read the warrant and arrested the accused. Reilly denied the charge, and said they were talking football. He ordered witness out of the place, saying he could talk football as long as he liked in his own place.

Cross-examined: The defendant and foul1 or five others were kneeling on towels* on the floor. There was a form against the wall on which they could have sat. Th«f men made no attempt to run away. No dice were discovered on them when searched. The door was opened with very little delay when the police knocked for admittance.

Re-examined: One young man, Reginald Heath, had about £7 in his pockets; the others had about £1 among them.

Constable Douthett also gave evidence as to watching' the house, corroborating' Constable Johnson. On four consecutive Saturday nights they could hear the dice and money, but though by looking through the keyhole they could see people inside, the dice and coins could not be seen, the floor being below 'the line of vision. On the night of the raid Heath was watching at the door of the shop for some hours.

Cross-examined: The noise of the dice was quite audible from the footpath outside.

Detective Herbert gave evidence as to the "raid," corroborating in the main the evidence of Sergeant Walker. One of the men said. "The game's up, boys." when the police and detectives entered. Three men were kneeling on towels, the others were sitting or standing about the room. The dice box (produced) was found in the room with three dice in it. It had evidently been used a great deal, to judge from its appearance.

Cross-examined: Reilly was one of the three kneeling on the floor. No money was found on the floor.

Acting-Detectivei Mcllveney stated that the men found kneeling on the floor were Reilly, Morgan and Baker. The fact of five towels (produced) being found on the floor would account for their dirty condition. When the police entered Morgan said, "The game's up," and jumped up off the floor. Witness found all the towels produced on the floor. He collected none off the backs of the chairs.

Constable Waterman said that on the night of June 24th he paw (through the window) dice playing going on in the accused's front shop over the counter. The play continued until after 2 o'clock the next morningl.

Constable Finnerty deposed to finding the dice box on the floor near the form.

This closed the case for the prosecution.

THE DEFENCE

Clau Bielly, the defendant, was the first witness called for the defence. He said he had kept the hairdresser's saloon in ewton for does on three years. The dice box prodnced was part of the stock bought by him when lie started the shop. It was kept in full view of the counter. It had been used about once a week to toss for drinks. It has never been used after the shop door was closed. On Saturday night he never closed earlier than twelve. There was no gambling1 or playing with dice in his shop on Saturday rights. On the night of the raid the men in his shop were having i yarn about football and other maters. None of them were kneeling on the floor. None of the towels were used to kneel on. Detective Mcllvei ney pulled a couple of towels off the washstand.

His Worship: Then the evidence of he police is false? They say that you :ncl two others were kneeling on the ! oor.

Witness: It's not true you Worship; )t a word of truth in it.

Continuing, witness said the dice /ox was 1 used about half past ten

that night, two men using it to shake for drinks. Witness did not know what became of it after that.

Sub-Inspector Wilson: Is Constable Waterman's evidence untrue too? Witness: As far as I'm concerned, totally untrue.

Who won the toss for drinks?

Witness said he did not know. He wasn't taking any notice at the time.

Patrick Symonds, a sawyer, said he visited Eielly's shop nearly every Saturday. He had never seen any gambling there. The dice box was used on several v occasions for tossing for drinks (a shilling- in and the winner to shotit.) Witness and Baker used it on the night in question between 10 and half-past, afterwards leaving the box on the form in the saloon. It was? the custom of a lot of young fellows to call a.t the place every Saturday night and talk over football and rac-

Cross-examined: He had never told Constable Douthett that he was only looking on that night and not playing, because he had no money. He didn't look upon tossing for drinks as gambling. The winner of the pool would make a clear profit of sixpence a head.

The Sub-Inspector: How would you account for dice being shaken from eleven at night till one or two in the

morning? Witness: I can't account for it. Is the place haunted?

Not thQt I'm aware of.

Witness declared that he saw_ tio one kneeling on towels on the night of the raid. The latest he had seen the., tossing of dice was before eleven o'clock, when the hotels closed. Charles Boker, Edward Morgan, and others also gave -evidence to the same effect.

(The case is proceeding.)