ALLEGED BOOKMAKER.

Auckland Star, Volume LII, Issue 24, 28 January 1921, Page 2

ALLEGED BOOKMAKER.

SEEKS TRIAL BY JURY. IMPORTANT AUCKLAND CASE. NOVEL FEATURE IN EVIDENCE. John Weston, when charged at the Police Court to-day with having on January 22 carried on the business or occupation of a bookmaker, took advantage of tbe recent amendment of the Gaming Act and elected to be tried by jury at tbe Supreme Court. The original charge that Weston knowingly and wilfully permitted his premises at No. 12, His Majesty's Arcade, to be used as a common gaming-house, was also made against him. A plea of not guilty was tendered to the latter charge. The police evidence in tbe indictable charge was then given and recorded. Tbe prosecution waa conducted by Chief Detective McMahon. and the defence wag ; in the hands of Mr. Hogben. An unusual ; feature of the case was that several men who had been arrested on Weston's premises and were charged with having been found in a common gaming-house, electi-d to give evidence on behalf of the police. Tbe first of them hesitated to testify against Weston in case he incriminated himself. The magistrate, however, pointed out the peculiar position in which the man was placed under section of) of the Gaming Aft. In ordinary cases, said Mr. l'oynton, a witness could refuse to answer questions if they tended to incriminate himself. In cases under the (laming Act, however, it was provided that where a witness -poke the truth as far as his memory served he would be given a certificate from the Court, the issuing of which prevented any proceedings against him ari-ing out of the case Any witness who refused would be dealt with as one who refused without lawful excuse. The chief d-etevt.ivc said it was. certainly to tbe advantage of the witnesses in question to speak the truth, as the charges against them would drop automatically if certificates were issued. THE POLICE RAID. Detwtive-Scrgt. Hammond, the first witness, said he knew Weston, adding: "He i-i a bookmaker." Mr. Hogben: No, he is charged with being a bookmaker. Detective Sergt. HaiiiinonJ: "1 have never known him t.) follow any other occupation than that of a bookmaker. Continuing, witness said that Weston's loom had two doors. The windows overlooked the Arcade. When he an.l Detective Fit-gibbon arrived at the door on the northern side it was locked. However, witness got a ladder and looked through the fanlight. The light wetil out. but he saw Weston in the room. The police obtained admission. J anil then found the second entrance to the premises via tlie adjoining Sports' Club room. The ao-iised was alone, explained the witness. In the back room, hanging "n a roll-top desk, was an open-face watch, a most important item for n bookmaker doing betting business at starting prices, so as to guard against betting after time. Several copies of the 'New Zea land Turf Ri-gistcr" were found, some bearing tlie name of the Waverley Club and others stamped "J. Rex, Box I_S:S. Auckland." A race book relating to the Wellington races on January 20 was also nicked up. and ivns fount] to contain all tlie scratching* and the dividends. "JOHN" vVRSTGN. KIM TIMCI ANY Tlie following printed notice was pro duced by witness: "Not wi-hing to break tbe law. I beg to state 1 am now following the occupation of an electrician at my usual address, w>-erc al! work will be 'faithfully carried out as in the past. Thanking you for past favours, and hoping for a continuance of same in the new department. - Yours respectfully. John Weston." Among a number .if notebook-, receipt books, and blairk "betting slips." as w tness called certain writing pads, .was a receipt book in which was a newspaper rutins' dealing with recent legi-lation regard : tvg bookma-ers. The figures in one book dealing with an alleged double on two races run 'by the Auckland Trotting Club showed a loss to tho bookmaker, whoever he might be. of £30 17,'. Several manuscript double charts and a printed one were also secured.

SI'RPRF'E FO.R VIMTOR.**.. Dur'ng- the half-hour that the police were on the prcmi-cs a inrrrrbe.r ot* nten came to tlie oflii-o. Some came in. but others, on seeing the police. hurried away. When Hardyment and Johnson, two of the visitors eatne. Weston asked what they wanted, adding; that lie did not know them. They certainly did not know Weston. An objection by Mr. Hogben was noted to evidence that witness reoe'ved from a visitor £1 to put on Pluto, all up Egotism, and a further t'l on Elers. When the men found the police present they were nnnpht-setl and appeared stupid. "T catee to see about a horse— a stallion.'" said one: "1 came to see a friend." explained another, who, however, did not know the friend's name; and '"1 just came in." sa'.l a third. HUNT FOR THE 'PHONE. Where Weston's telephone was kept puzzled witness for a time. De-pite a search made, be could not find tbe instrument. Finally. Weston, who up till then bad not stated where it was, agreed to disclose its whereabouts. By this time Weston had been arrested and also five men who visited the premises. Witness was afterwards conducted by Weston to tbe fourth Moor ill the Arcade, where in a scantily furnished room, tbe telephone stood on a table. It was indexed in the directory under tbe name of Sydney Arnold, commission agent. Witness said it was possible that Weston saw him nnd Detective Fitz(ribbon approaching bis premises. The accused "*ould have time to lock bis door. Taere was no sign of an electrician's nnsiness in his premises.

Cross-examined by Mr. Hogben, witness said he did not know whether Weston's son was an electrician. He had seen some blotting pads in the office containing an electrician's advertisement. Detective Thorn*- Fitzgibbon corroborated the main facts. VISITORS TELL THE TRUTH. Speros Andros, a lireek seaman, said he had visited Weston's premises two or three times. Twice he laid bets, but on the. last visit be found the detectives there. A labourer named John Hayward, who was one of the men arrested, refused at first to give evidence against. Weston in the case. As stated earlier in the report, ho had the position explained, and then deposed that be called at Weston's office on the Saturday afternoon when the police were there. He wanted a card containing the names or horses running at tbe Takapuna races. When be first saw the detective, witness had just slipped into the room. He promptly turned round to go out but was detained. The magistrate said a certificate would be granted.

Archibald Handyment (22) -aid his acquaintance with Weston began last Saturday when, with Johnstone, he went up to have a bet on the Wellington races. He went in on the invitation of a voice which turned out to be that of Detective Hammond and made the bet referred to by the detective in his evidence. "He took my money and the horses won,"' said the witness regretfully. It was his tirst visit and also l_at of his companion. To. Mr. Hogben, witness said he had never 5 heard Weston's name before. Mr. Fraer asked for certificate for Llardyment, which was given. .lohn Johnston, barman, said that on liis first visit to His Majesty's Arcade *»n Saturday last he did not have a bet, because the detectives were there. (A certiiicate was granted.) Albert Sydney Gilchrist, labourer, said he had paid three visits to Weston's office. Tie had known the accused for about four years as a bookseller and stationer. Witness admitted having made a statement to the police, but lit: wtis a bit dazed and he had a very bad memory. After being questioned by the chief detective the witness admitted he had pone to the place for the purpose of making a 5/ bet. The magistrate refused to grant Gilchrist a certificate. Steve Urlich gave evidence that he went to the Club to meet a friend named -Tim. but lie ditl not lind him. Mr. Fleming, on behalf of witness, asked for a certificate on the ground that his client had told the little he knew. No charge hail been proved against him. (Certificate granted.) This concluded the evidence for the prosecution. Mr. Ilobden, for Weston, contended that there was no pr ; ma facie i:_«p made out against the accused in that there was no evidence of what might be called the essence of bookmakinp. such as the actual taking of bet.-, entries in books, etc. There was only evidence of certain small facts which proved nothing in themselves. Mr. Hogben, for Weston, contended that the case was o-no of the first prosecutions under the Act passed last year. The magistrate said he considered there was a case to go to the jury, and Weston was accordingly committed for trial, bail l>ci-,.g again allowed, self £200. and one surety of .€-00. OTließ CtIARGF-S WITHDRAWN". I'hie.f Detect ye McMahon asked leave to withdraw the charge against Gilchrist, who had been refused a certiiicate. The charge- against the other young men arre-ted would drop ant rraratically. Regarding the other charge against Weston, tlie chief detective said he would probably withdraw :t on Monday, until when he asked the matter to be allowed to stand over.