WAIHI SWEEP CASE.

Auckland Star, Volume XLI, Issue 71, 24 March 1910, Page 5

WAIHI SWEEP CASE.

ACCUSED.: COMMITTED :-EOE • TBIAIi. CBy TelfigrapTi.—Ovtt. Correspondent^ ;.'.'-' .'.-,' •: WAlHl,'this "da-jr. ; .v In connection.with ' the " sweep case, the whole " day ..was: occupied THT hearing (the • evidence of Harmaa and Bowman," who . detailed the circumstances -of their partnership with Fennell. Bovmnan gave cor- ' roborative evidence as to tie money- or the tickets -j being. paid ;to .JPennell,. and that the latter showed them, the tickets, and congratulated them on their win. In ' the course' of his * cross-examination, or Harman, Mr.. Hackett «carve j into ; ; sharp collision with, the Beach.. i\ Counsel stated . that his client was in a. hostile camp >,-jUi-.Moore: "You"have no right to make tihat statement, you ought to know better." ' " ' Z ;: - ■ "_.'■::■. . . 'Mr. Hackett hastened to explain, that his. remarks ; did not for-ra.. moment iin- " clnde the Bench, but referred-to- theun- ■ popular, fueling - against I' has icltent- in :Waihi..geiierall,v. >~_-'/ ' J .-■ Mr. Moore: " That does not matter. You -had no right to make a. remark of that nature here. We are both v it. ' Waihi/' ~_~~ :;;-'- '■.£ ~- ..>—-; liJy ■ ~.-V , . Gorroborative j evidence was i forthcoming, . showing that a partnership of ; Pennell, Harman, and Bowman did exist. The father of , the , accused (Pennell) -j said his son admitted to him that Harman and Bowman were partners. ; : 'heard Kneebone suggesting to his son not to pay the , others their share. Witness replied that if :a man_attempted to do:him. out of his share he ; would think nothing of - blowing his-brains out.- The evidence, also showed :-**?*!ixPennell admitted a partnership when in the bank. .- . - •■'- Mr. • Hackett submitted '= there - : was no ' ■'■ case for, trial. Such, a transaction, under ;; the""Gaming Act, was" an offence, and civil : rights, .consequently, could not be acquired only a moral . obligation ! existed. Counsel held, r that the prosecution consti- . tated a most flagrant abuse of the criminal law'for the. collection of a debt. ', , "Mr. Denniston, in reply, said it was : . preposterous to allege- that tEe machinery ':■.... of , the criminal law ..was used ito • collect ; a debt. ' ' ' ; Both accused pleaded not guilty, and were committed for trial at the Auckland. Supreme' Court Personal bail was s allowed, £500 each. It was also agreed! ; that £1600, now at : credit of the accused in,the. Bank of Australasia? at Auckland, ■■. be allowed to remain there till after the ;. -Supreme ■■ Court proceedings ':" to -enable Harman ' and 5 ; Bowman to" take any civil ; action th«r may bs advised to take. l^