FINED £25.

Auckland Star, Volume LXVIII, Issue 291, 8 December 1937, Page 5

FINED £25.

HOTEL LICENSEE.

UNDER GAMING ACT.

ONEHUNGA CHARGE.

« AGENT FOR BOOKMAKER."

'"The conclusion one may fairly come to is that defendant was receiving bets as agent for a bookmaker, and left the bar to communicate personally, or by telephone, with the bookmaker," said Mr. "C. R. Orr Walker. S.M., in the Magistrate's Court at Onehunga to-day

in imposing a fine o>f £2-5. with costs 10/, on Frederick James Murray, occupier and licensee of the Mannkau Hotel, on a charge or using the hotel as a common gaming house.

Reviewing the evidence, in his reserved judgment, the magistrate said that his assumption, that Murray was receiving bets 011 behaif of a bookmaker, was confirmed by defendant's statement to a detective, when defendant was searched under a warrant 011 October 10. There were found on defendant's person three betting slips and two double charts, the latter referring to the Avondale races run that day, and the betting slips containing horses engaged in the Avondale races. Defendant had said: "These slips were the only bets I have taken to-day. I do not take them myself, but pass them on; but I will not give the name of the man I pass them on to." Horse-racing Account. Defendant had said that a brown paper with four doubles were small doubles he had taken that day. Two other betting slips referred to bets he had taken with one, "Yonkie," who gave evidence that they were taken in the street by defendant. Five double charts, bearing three separate dates, and another betting slip were found in defendant's clothing upstairs, also a statement of account relating to horse racing, headed "Manukau," dated September 18 and 20, ar.d containing a long list of over 40 bets representing £19 7/6 taken on the two days for races at Avondale. I The dividends paid by the respective horses upon which bets were made were shown.

The magistrate said the amount of money found on defendant had no significance against him, although there was some significance in a substantial amount of silver, £3 odd, all the bets deposed to being small. ' Although not all the usual documents to be found on a bookmaker were found by the detectives in the search," said the magistrate, "there was, in my opinion, sufficient material found, when taken in conjunction with the evidence of actual betting by defendant, to make a prima facie case against the defendant. One witness was called by defendant to prove that the list of bets, etc., headed 'Mannkau,' was picked up in the bar and handed to defendant. The defendant was not called as a witness. I think there were some matters which he (should have been called upon to explain, if possible." Constable's Bets. The evidence had shown that a plainclothes constable, who was a stranger to the defendant, had no difficulty in 1 getting defendant to accept money for bets on the day of the Paeroa race?. 1 Again on October 9, when there were 1 races at Ellerslie, which were being broadcast in the bar, the same constable paid defendant money for three bets on three races. The constable saw other men handing sums of money to defendant, who was walking round outside and inside the bar. One man put 10/ on a horse. The constable's companion also paid defendant money for a bet. Defendant paid the constable his winnings from the bar till. The constable made another bet in the bar on a horse in the Avondale ra«es, on October 16. On each occasion after the bets had been made in the bar defendant left, apparently without taking any notes. "I have to bold that defendant need the hotel occupied by him for some of the purposes referred to in Section 36 of the Gaming Act, 1908, and that there was evidence of a general business of betting on the premises—not only of an odd one or two bets," said the magistrate. Defendant was convicted of keeping the premises as a common gamj ing house.

At the hearing Detective-Sergeant Nalder prosecuted. Defendant was represented by Messrs. R, McVeagh and A. R, Graham.