APPEAL COURT.

Press, Volume LX, Issue 11547, 1 April 1903, Page 7

APPEAL COURT.

(PRESS ASSOCIATION* TELEGRAM.) WELLINGTON, March 3L Argument was heard this afternoon, before the Chief Justice and Judges Williams, Denniston, and Conolly, sitting as a bupreme Court, in a case concerning the legality of an agency in New Zealand lor Tattersall's sweeps. The case is that of Harrison and another v Spackman, in which appeal is made from the conviction of appeUanta by Dr. McArthur, S.M., at Wellington, on informations charging them, first with assisting in managing or conducting a lottery within the meaning of Bection 18 of the Gaming and Lotteries Act, 1881, and, secondly, with having the care or management of a common gaming house within the meaning of section 4 of tEe same Act. An office was taken in. Wellington by one Harvey, who was proved to be agent for George Adams, proprietor of Tattersall's sweeps. In this office appellants Conducted an agency under the name of the Tasmanian Parcels Express Delivery Company, and being employed by Harvey tlir-v received subscriptions, gave receipts tlKTPfor, and forwarded applications for tickets to Tattersall's agents in Hobart. They paid all moneys received into an account in the name of Adams at the Bank nf New South Wales, Wellington; they had no power to operate on tlue account; they did not issue tickets (these being forwarded direct to subscribers from Tasmania), nor did they pay over the prizes, this being otherwise arranged. On these facts Dr. McArtlmr convicted the appellants in November last, under both informations, and appellant Harrison was fined £50 and costs, other appellant being fined £20 and cost*. They appealed from these decisions to the Supreme Court, and the appeals were argued before the Chief Justice in December last. The Chief Justice gave no decision on the appeals, and at his suggestion the cases are being re-argned before a full Court. Dr. Findlay and Mr Yon Haast are appearing for the appellants and Mr Myers for respondent.