GAMING CHARGES.

Auckland Star, Volume LXIV, Issue 117, 20 May 1933, Page 14

GAMING CHARGES.

MORRINSVILLE RAID

A LETTER NOT ACCEPTED.

TWO CASES DISMISSED

(From Our Own Correspondent.)

MORRINSVILLE, Friday,

As a sequel to a raid by police officers from Hamilton on March 22, two wellknown Morrinsville , men, James llenry Bain, a mercer, and Stephen Bain, a billiard saloon proprietor, for both of whom Mr. E. H. Northcroft, of Auckland, appeared, were charged in the Police Court with breaches of the Gaming Act.

After hearing evidence for about three hours the magistrate, Mr. S. L. Paterson, dismissed all the informations against both defendants.

Arising out of the same set of circumstances, the police prosecuted Herman Arris, carpenter, of Patetonga, 20 miles from Morrinsville. Arns, for whom Mr. N. S. Johnson, of Hamilton, appeared, pleaded not guilty to charges of carrying on business as a bookmaker and of attempting to bet with a bookmaker. He was convicted on the firstcharge and. fined £25. Security for appeal was fixed at £20. The other charge was automatically cancelled.

Police evidence showed that on Christmas Eve a man arrived at Morrinsville from Patetonga, and was arrested by the police on a charge of forgery. When searched, he was found to have in his possession a letter from Herman Arns addressed to Stephen Bain, giving particulars of 17 bets on horses running at race meetings all over New Zealand. When acquainted with this fact by the police, Stephen Bain declined to take delivery of the letter, which has since been in possession of the police. The next development was on February 4, the day of the Matamata races, when Constable Flynn, from Auckland, visited the premises of Joseph Bain for the purpose of making a bet. On March 22 police officers raided the premises of both Stephen Bain and James Henry Bain simultaneously, but found 110 betting ■ material.

In summing up, the magistrate said the case for the police against James Henry Bain rested on the statement of Constable Flynn that he gave Bain £1 for two 10/ bets on two horses running at Matamata. The constable admitted knowing that Bain was attending the Matamata races. The constable's version was that this transaction was a bet, but defendant said he merely was asked to take £1 to Matamata to invest on the totalisator.

"I can only say that the police have not proved the charge with such cogent evidence as they are bound to bring in charges of this nature," said the magistrate.

In the case of Stephen Bain the magistrate said: "Though it appears that defendant knew of the letter, I do not think that is sufficient evidence of knowledge of the contents to make the letter evidence against him; and if the letter is excluded there is no evidence against him. Before the letter comes into his possession it cannot be regarded as evidence against him." Reviewing the evidence against Herman Arns, the magistrate said lie -could not accept defendant's explanation that all the bets were for himself alone. He could not read the letter as anything else but a commission to a bookmaker. It showed conclusively that Arns was getting bets from other people as agent for a bookmaker. The magistrate was satisfied that Arns came within the i definition of a bookmaker.