DEVONPORT "TWO-UP" CASE.

Auckland Star, Volume XXXVII, Issue 86, 10 April 1906, Page 4

DEVONPORT "TWO-UP" CASE.

j MAJORITY OF CHARGES ;

Five young men , Wffiian, ifaL John Lund, Herbert Howed, Richards and Herbert chained before Mr Kettle, Police Court this morning with ajft* and abetting a gambling game ofXj . up" at the Harbour Board Devonport on Sunday, October IS t«te The case -was the outcome o f * w*£tT charge heard against a including the accused, ■ m the-game, the charges ajrainsttt s present accused on. that occasion dismissed. Sub-Inspector secuted, none of the accused men lwSr defended by counsel. * **3 Constable Lowry recapitulated the 6r cumstances as previously eubMtt stating that on Sunday, Octblfei^rtS , the accused, among a numberof'Si men, -were standing round a. tw&tm i&» ■watching the game. There tween 50 and 60 of them present «ife[ gether, and he was positive about tk* identity of all of the accused.WitnVis approached to within a few yMife v them. Biehards was acting as which he himself afterwards tdnaW to witness. Lund and Waters *«» there pretty -well all the arierhdoa, aM the others were round abbifrflw on and off. Thompson was thtte i 2, together perhaps hali-afi-hour. . ' Constable" Roberts" cortoboiatei tAa evidence of Constable Lowry.' , He; *i»; also positive about the identity of Qβ men. He could not positively stafefktr vreTe actually engaged in the was impossible for him to wio"Tru playing, and who looking on. r 4 .' William Waters, one of the said he had strolled across tie fisld gone over to the ring to see-tteini. : Be had taken no part in the game, nor &. couraged any of the dtneis engaged ia it. To Mr Kettle: He had played but not on this occasion. He s»t 4owa near the scene of operations beerae k« felt a bit tired. '-, • Herbert Howard denied even looting on. Hβ did not get a chance; to, m fact, there were too many theft wfcet fcq arrived at a-qaarter past five.The Sub-Inspectpr: And you did »6 take whatever I A»Mfc over, like most of tlie restate eie tfer fun, but I didn't get near enough to see anything at all speaking on* • Lund said he was also over there, ksm ing a look rotrnd. The Sub-Inspectdri How-loag you two hours or 804 1 suppose. And what were you doing all 41*1 [time?—We3, 1 was ptoyulfiooflaillifi 'a knife on and off, and looking on ia between. . ] r ' Mr. Kettle: I suppose jfctffc* ' football with a doing mak harm, co you can iefi us *iat pened?—l don't know, I mignt M 3«*<* a harm.- I might be putting eo«i jof their pots on. . ; _.".." Richards admitted he was" scontag : h the morning, but denied liaving- done H in the afteraooß-. -• _ .:,-".;' The magistrate said that in kisopiion the men Waters, Howard, Lund, aid Thompson could not wae not dear "that any of tiem *as aiding, or ' sJje,JaTjr i3»t (spectators must aetajiily enepkage *», illegal contest or. game to make thraj guilty of aidirig pr abetting./ ISryStitSt then quoted the ease in which it was heStttaVa piiwiprt a the second degree is eae by: wnaei tne actual perpetrator of the feknsyjs aidid and abetted at the tbae what ill is- Thfe rabofdinate pn«apal may or may not be actually preset! at the scene of the crime; Instance tl j persons who aid and abet a iel<«7 **jj* place itself are afforded by aeeeeaife in a prize" fight which- eniff ; itfsiftr? «* eten by mere spectators il 4eJ ietwebi encourage such a contest." Bat * Bje* ator's presence' at a prize-fignt does Bβ* of itself constitute sumcient *3KM(igr ment to amount to an ting, and therefore does not.Bwes^- 4 make him punishable as a.pa^to* There had been no evidence,- m hs op* ion, to ptove that €he men were encouraging the gpßS.,Thif «* against them would therefore J*J% missed. Eichards , case **s He was clearly-involved fact of acting as scout; but as* w his first offence, he wonH ccgtt&m oraer him to come Sub-Inspector Gordon ?en«"?*hT** - Tinder the eirettmstances tI wouia probably be referreo; preme Coutt, as the , ■**** was an important one. ' : ~M J