BETTING CASES IN COURT.

Auckland Star, Volume XXXVII, Issue 164, 11 July 1906, Page 6

BETTING CASES IN COURT.

DEFINITION OF "A PLACE." (By Telegraph.—Press Association.) DUNEDIN, this day. Mr. Widdowson, S.M., dismissed a case in which George Spiers was charged with betting on a kerosene tin on a road adjoining Tahuna Park racecourse. The magistrate held that the facts did not conclusively establish that the place was used for betting. The decision will apply to a number of other like cases.

DISPUTED PAYMENTS.

(By Telegraph.—Press Association.)

WELLINGTON, Tuesday. Dr. McArthur, S.M., to-day gave judgment in a case in which Wm. Millar, turf commission agent, sued John B- McDonald, sheep-farmer, for £51 10/, the amount of money alleged to have been paid by-the plaintiff to Mr. Cowan and Messrs. Scott and Martindale, turf commission agents, for the defendant at his request. The plaintiff put in two receipts from these persons acknowledging the payments of the sums of money sued for, and detailed the statement of claim. Defendant denied that he owed Scott and Martindale or Cowan any money, and also denied that he ever requested Millar to pay one farthing for him. The magistrate said either the plaintiff or the defendant was committing perjury, and yet there were men whose debts to one another were debts of honour. He held that money paid by one person for another, at lus request, to persons to whom the latter had lost bets, was money paid in respect of a gaming contract even though the former was no party to the transaction, and could not, therefore, be recovered from the party at whose request it was paid. The plaintiff must have known, and he had no hesitation in saying that he did not iknow, that the money was paid for betting transactions. He certainly could not recover such sums even if they were paid. The plaintiff must be nonsuited, with £2 11/ costi.

VOLUNTEER AND DEFENCE NOTES. (By RIFLEMAN.! -Vlajor-Utiieral iSabiugton, Commandant of the N.Z. Forces, arrived In Auckland last week, anil yesterday went up to Kotorua by the express in company with Colonel DaTies, C.8., to Inspect tlie East Coast Kegt. of the A.il.R. He begins at Opotiki tomorrow, at Wnakatane on Friday, and at Matata on Saturday, Inspections or the Te Puke M.K. follow ou the next Monday, and the Tauranga M.ll. on Tuesday. THe in each case Is marching order. Thereafter the General returns to Auckland, and on the lilst he inspects the whole of the Auckland forces In the Domain at a massed parade. The Uarrison and Field Artillery will parade in review order (full dresa), aniKtiie Infantry, Mounted and Foot, will both be In the service uniform. There will be the official Inspection, followed by a march past and possibly some evolutions In the field.

Captain E. T. D. Bell has resigned the command of the Wellington Navals.

The "A" Battery will be fully horsed for the big parade in the Domain on the 21st. The appointment of Lieutenant W. E. R. Mackesy as subaltern in the Marsden M.R. is gazetted. The Rev. W. E. Gray Dixon has bee-i appointed honorary chaplain of the No. 4 (Auckland) Engineers.

Surgeon-Captain JT Hardie Ne'.'. gave a lecture to the Garrison Officers' Club on South African experience on Friday night. The three Native companies held a combined parade on Monday night, and the musters of the Nos. 1 and 2 Co.'s were excellent. I understand that the Garrison Officers' Club intends to entertain Major-General Babiugton at a smoke concert during his stay in Auckland. Congratulations to Sergt. Dickey, of No. 9, G.A.V., on his election as lieutenant in No. 1 Natives. No. O's have lost an

I understand that the Garrison Officers' Club intends to entertain Major-General Babiugton at a smoke concert during his stay in Auckland.

Congratulations to Sergt. Dickey, of No. 9, G.A.V., on his election as lieutenant in No. 1 Natives. No. O's have lost an energetic N.C.O.

The exam, for N.C.O.'s promotion, which was to have been held on Monday evening last, was unavoidably postponed, and takes place at 7 on Monday next.

There was to have been an examination of the Garrison Artillery acting N.C.O.'s last night, but owing to an accident to the exam, papers, it was postponed till Monday night next.

The resignation of the late Adjutant of No. 1 Auckland Infantry Battalion. Captain Gaudln, has been gazetted, and It is also announced that he has been posted to the Active Unattached List. The No. 2 Natives held a meeting on Monday night to elect a lieutenant. Sergr. Dickey, of the No. 9 G.A., was duly and unanimously elected to the position, and enters on his duties immediately. No. 9 G.A. will devote this and next Wednesday evenings to practice in ceremonial infantry drill instead of the ordinary gun drill, so that the company may make a creditable show at the general parade on July 21. Tlie Nos. l and 3 Ohlnemuris held a match at Paeroa on Saturday—ten a side. The result was a win for the Walhl Company by a mutter of ."0" points. The weather conditions were not favourable, but fair shooting was done. At the parade of the Natives on Monday, Capt. Bartlett presented to Lieut. Atkinson the trophy which he was entitled to as the scorer of the greatest number of points In the Harris Cup competition. The cup itself, it will be remembered, was won by the No. 2 Natives.

The permanent appointment ot Captain ■I. I. Stevenson to the command' of the No. 3 Natives has been officially approved. The appointment of Captain A. Cautts to the command of the No. 1 Natives Is also confirmed in the last "Gazette."

Last week's N.C.O. social at the Hibernian Hall was even more than usually successful. The hall was well tilled, and a very enjoyable time was spent on a beautiful floor. There will be two socials during August—on the Ist and the 29th. On Friday next the postponed smoke concert will be held lv the Club Room. Capt.-Adjutant Harrowell, who has been out of town for some days. Is expected back this week. He resigns his position as adjutant of the No. 1 Infantry Battalion at the end of this month, and the colony loses the services of a capable and enthusiastic volunteer, as he proceeds soon after to FIJI to his position under the military administration. Major Andrew, of the South Canterbury District, has written a book on "Rifle Fire." It Is an excellent treatise, with a tine educational value, and has, I hear, earned the hearty approbation of such military authorities as Lord Kitchener and Sir lan Hamilton. The book is, unfortunately, not pro'curablc In the colony, being published lv India. The posiitlons of the G.A. companies of the colony in the late service tests appear in the last general orders. The Dunedin, Wellington (No. 4). aud Lyttelton (No. 7) Navals get lirst class positions; the Port Chalmers. Lyttelton (No. 5). Wellington (No. 6), second class; and the Nos. 8 and 9 Auckland G.A. third class; No. 1 G.A. not being classed, as they did not compete. The First A. M.R. Regiment Band is in negotiation with the Devonport Borough Council for financial support, and a conference was to be held between certain councillors and the Band Committee, as to vesting the Instruments in the Council, so that the latter might legally grant assistance. The Council granted the band the use of the Council Chamber for committee meetings on alternate Friday nights.

Owing to the removal of the local stockInspector from Ohaeawai, the Bay of Islands Mounted Rifles are losing Captain Graham, who took command about twelve months ago, during which time he has used his utmost efforts to bring h.'.s corps to great proficiency. A smoke concert was tendered to Captain Graham in the Ohaeawai Hall on Wednesday, and was largely attended. Captain Graham's departure is much regretted.

, Dieuit.rColonel R,eed—to give him his new title, which has been officially confirmed—who Is now in Wellington, Is expected back in Auckland on Friday. He will Inspect the Gordons on Friday night in the ceremonial drill. The three Native companies will be tested on Monday night, and the other companies on their particular drill nights. The colonel will be accompanied by Captain Bartlett, who will have charge of the rifle drill.

There was a good attendance at the No. 9 G.A.s minstrel troupe's performance lii the Federal Hall on Friday night, but I regret to note that the volunteers were practically, conspicuous by their absence! and although the affair was under the patronage of the officers, and being In aid of the N.C.O. Club funds—even they were absent. A fairly good profit is expected to be made. The performance itself was excellent, and was much applauded

The Battery people are wrestling with the problem as to whether It will be betSter to hold the annual ball, which Is to take place next month. In the gunroom or out .of tt. It was found last year that the expense of holding It In the gunroom was no less than If an outside hall had been engaged, in addition to which was the enormous trouble of fitting up and dismantling the gunroom. True it Is that the appearance of the room more than repaid the labour expended, but it none the less necessitated tremendous exertions.

The Hamilton M.R. are nothing If not gallant, and they recognised the assistance given the squadron by entertaining the ladies concerned at a big afternoon tea in Hamilton last Tuesday. Captain Bell. In expressing the squadron's thanks for the ladies' help, especially in relation to the Empire Day celebrations, suggested that they should form the nucleus of an Empire service league, which he proposed to establish In the Waikato. The ladles to a woman fell in with the Idea, and agreed to help along the scheme with all their native anthaaUsw.

Hi* Excellency the Governor has been pleased to approve of the transfer from the Active Unattached List to the Retired . List of the following officers:—Major John Whitney, Captains J. MacKay, G. B. Beere (late loth Foot), H. C. Tovey-Bennett (70th Foot), J. A. Wilson, J. B. Hay, and W. R. Robinson, Lleuts. J. Heron, D. Hutchinson, H. W. Vercoe, and W. S. Styak.

lv the latest General Orders appear the tabulated results of the field artillery volunteer service practices throughout the colony in 1905-18. The "Wellington (B) and Dunedin (D) Batteries both qualify for first prize iv the A (Are tactics and fire discipline, H.B. (fire effect) sections, with the Auckland (A) and Nelson (H) Batteries second throughout. The other batteries, except the Westport (which was not classed) got third places.

There is, says the Wellington "Post," a strong feeling among members of the House that rifle clubs in the country ar« receiving the reverse of fair consideration at the hands of the Defence Deparrtment (in respect to the paltry travelling concessions granted to riflemen), and several countryrepresentatives have assured Mr Hogg, M.H.R., that the will co-operate with him lv bringing the claims of the clubs before Ministers as soon as Parliament reassembles.

There was a large gathering of volunteers, past and present, last Wednesday, when the No. 7 Co. Garrison Artillery (Lyttelton), for many years known as the. N Battery, celebrated the twenty-first anniversary of the formation of the corps. Captain J. T. Brice, the commanding officer of the company, and the only one of the original members remaining on its roll, presided. Among those present were a few of the "Blue Jumpers," the earliest Canterbury volunteers, whose simple uniform gained them that now honourable appellation.

Sergeant-Major Morton lectured to the "A" Battery on "Duties and Discipline" last week —a short but instructive address. It is intended to hold a series of these lectures, each of the non-coms, being expected to deliver a short lecture on some subject bearing on their duties. This week—to-morrow night—Sergeant Spragg will give a lecture on details concerning the horse in his relation to field artillery, and I hear that it is to be illustrated by means of a real live horse. Rather an Interesting project, which should at least have the effect of keeping the N.C.O.'s up to date.

Regulations for conduct of competitive tests between squadrons and companies of regiments and battalions have been Issued by the Defence Departrment. For infantry a nine-mile march is prescribed, at the end of which 30 rounds of ball cartridge are to be fired at various specified distances. Judging distance, entrenchment making, drill and training, duties in camp and bivouac, are also specified in the regulations, which allot marks to each division. For mounted rifles slightly different conditions have been allotted, the principal change being a marching route of 18 or 20 miles, and a varlatloa In the conditions respecting entrenchments. Full details appear in General Orders.

The Rexer rifle, which was mentioned in the cable messages from Natal the other day as proving of great service In stopping Zulu rushes, is the invention of a Dane (says an exchange). It has an automattlc action, and is fired and controlled by one man. The weapon was submitted to the British Government about twelve months ago, and proved so successful in trials that it. -Was adopted as an arm of the service. The cartridges are encased in an arc-shaped appliance, which can be quickly adjusted to the rifle. The effect Is to place in one man's hands a rifle capable of doing work equal to some machine guns, which require several men to handle them. The Rexer rifle is said to be the forerunner of a great evolution in the military arm of the future.

. Some time ago a memorandum was made lv General Orders Instructing officers commanding field artillery not to employ any but the most experienced drivers. Wise advice, no doubt, but It's the sort of thing that makes the O.C. tear his hair. For not only are experienced gun-horses scarce— and lv Auckland not obtainable, but the driver himself is a rara avis, and the beggar captain cannot be a chooser- It is the most unenviable job in a. Battery at any tlme % and when there are Inexperienced horses to deal with, it requires a hero to tackle the job. It is a permanent handicap to the local Battery that experienced animals are not procurable, and I believe the contrary is the case in the South, to the extent in some cases that there are specially trained horses—and although it theoretically does not affect the scores In the competitions and In the classification of companies. It jnust have some deleterious effect. It is a pity the conditions cannot be ameliorated.

The following amendments to General Regulations of the Defence Forces of New May iJn a J c s b !? D , IPProjed, as from 19th May 1906:-Schedule. (B.) New Zealand Garrison Artillery. Divisional staff Regulation 3: After last line under i li. a ?£, ir divisional orderly-room «!*• »« (D,) M ° u , nted RWes. Battalion staff: After second last line and before last , a^ d x battalion orderly-room clerk " }«J n^ antr s- Ba , tta »? n staff: After second last line and before last line, add 1 "battalion orderly-room clerk." Discharges of "^?n c " rS -, ReßUlatioa 171 < a > : Delete word giving at commencement of paragraph and substitute "having given." injuries or accidents. Regulation 403: Add "When any whn! w by , an offlcer ° r volunteer, while on duty or In a camp of exercise is maimed or injured, a board of Inoulrv shall be assembled as soon as possible after the occurrence to Investigate the circumstances! and, if the board so recommend, the Minister may grant such compensation as maY *«?,«• Ra i^: ay Passes ' Regulation After the word "meeting" on sixth line add "and authorised local association meetings where Government money i a fired for"

Lord Roberts recently made some imporn nn f i de ? ,a n atlons at tne Re<l «»se Club (London) dinner, where an Influential gathering of militia officers had assembled Ihere were no reporters present, however and eve nthe waiters were cleared out of the. room prior to delivery of his lordship's speech (says "Lounger," in' the "Military Mall'). After dwelling on the claims of limpire and on the Importance of bein-' prepared for contingencies not provided for by !k «. J? c Water School, Lord Roberts stated that his efforts to stir up the country had been misunderstood; that some wished him to discontinue bis campaign, but that he was not Inclined to do so at present. All he wants to do is to Impress upon his fellow countrymen the extreme Importance of young men and boys being taught to handle tht rifle and to shoot, in addition to learning a few simple movements in drill. He thought that his proposals would tend to remedy the serious shortage of officers in the militia service.

The Austrian Minister of War has recently decided upon a matter of vital importance, and his decision, published at large in the "Armeehlatt," nas no doubt been perused with feelings of immense relief by all concerned, it appears that for some time past officers of the Austrian Army have been considerably exercised in their minds as to the correct manner of saluting, not only when they are so fortunate as to have ladies on their arms, but also in the case—an extreme one, no doubt—when the warrior has taken the lady's arm. The War Minister has delivered the judgment of a modern Solomon; he decrees that when an officer's movements are somewhat congested by having a lady hanging on his arm and the necessity for saluting is imminent, he may be permitted to saiuto in the usual manner with the disengaged hand without casting the lady adrift. In the event, however, of the lady having been so ill-advised as to have permitted the attendant swain to take her arm, the officer is required to remove his hand from beneath the lady's arm and salute as usual. A French military paper, In commenting upon these regulations, rightly observes that "cette derniere attitude n'a rien de gracieux en le milltalre."

A new automatic rifle was shown recently to a select company on the Normal Powder and Ammunition Company's range at Hendon. It Is the Invention of Mr Fldgeland a Norwegian, and already has won the approval of the military authorities in Chrlstiania, who, it is stated, have found it superior to all other automatic rifles. Briefly to describe the new weapon, it is a gasoperated rifle of 6.5 mm., sighted up to 2000 yards, it loads five shots in a magazine opening at the side of the breecb, either with or without clip. The five cartridges being inserted in the magazine, the breech bolt head is retracted and the first cartridge rises and is carried into the chamber by the returning bolt, being fired, on pulling the trigger, in the ordinary way. Beneath the barrel is a small npertnre through which gas escape*, driving back a piston, by means

of which, the breech lv opened aud the spent cartridge case ejected.' This piston also acts on a coiled eprlug, and Immediately the cartridge la ejected a fresh case rises from the magazine and'is can-led into the chamber, the bolt being closed aud the breech .fastened.. .The ..rifle .Is then again ready to" lire, and the operations we nave described are. repeated until all the cartridges in the magazine are exhausted. An expert is ableT;o Are, live cartridges in two seconds, and in' half a minute -O' rounds may be flred. With regard to the weight of the weapon, it Is heavier than our service rifle, being Silb.

Secretaries of, all volunteer corps throughout the Auckland district are invited to contribute to this cdlumn. The editor will be glad to receive any item of special or general interest for publication, not merely concerning town companies, but equally •concerning the country corps. It Is desired in these Notes to keep volunteers throughout the province well informed in news of volunteer interest,, and it is only by the ?co-operation of country corps with the editor that this can be accomplished satisfactorily. News intended for publication in the current week's Notes should be in the editor's hands by Tuesday at latest. They should be signed by a responsible official, not for publication but only as a guarantee of good faith.