"LAWFUL MEANS."

Auckland Star, Volume XLVII, Issue 16, 19 January 1916, Page 7

"LAWFUL MEANS."

CHIEF JUSTICE'S DECISION. APPLIED IN. WAIHI .CASE. (By Telegraph.—Own Correspondent.) WAIHI, Tuesday. In the Magistrate's Court to-day W. R. Nicholls (alias Thos. Simmons), represented by Mr. Hackett, was charged with having no lawful means of support. Senior-Sergeant Wohlmann said accused was arrested at the railway station. In his possession was found an old revolver, a roulette ring, a betting chart, packs of cards, loaded dice, double-headed pennies, and other gambling instruments used by the spieling fraternity. The sergeant read extracts from an American publication found in possession of accused, relating to the manipulation of transparent dice, etc. Accused, he said, had not done any work for two years, and had been warned off racecourses. Compromising correspondence of an immoral nature was also found in his possession. Constables Olsen, Gordine, and Heaps, and Senior-Sergeant Wohlmann, gave evidence in support of the charge. Accused had £37 in his possession when arrested. Ho denied the ownership of the gambling instruments produced. Mr. Hackett, opening the case for the defence, said accused had been a professional athlete, and had only used the alias of "Simmons" when so engaged, though he was generally known as "Simmons." The gambling articles produced I were not the property of accused, but had been left with him some two years ago by a young man now at the front. In regard to the charge of "no lawful means of support" counsel said it would be ahown that at the time of hie arrest accused was in possession of somethingover £100. Counsel proceeded to quote authorities in support of his contention that in such circumstances the charge could not be sustained. Mr. Haokett referred to a decision by the Chief Justice in the case of Cassidy and Cassells, in which Sir Robert Stout held that the possession of money, so long as it was not procured by crime, such as robbery or theft, was answer to a charge of having no visible means of support. Accueed in evidence supported counsel's statement, and produced a bank book .showing a balance to his credit of £80. The police also held a sum of £37 10/ found in his possession when he wae arrested. Accused ewore that he never had ueed the gambling articles produced excepting a set of dice purchased from a reputable firm in Auckland. The magistrate upheld counsel's contention in , the matter of the Chief Justice's decision, and dismissed the information.