THE CHIEF JUSTICE ON GAMBLING.

Press, Volume LXII, Issue 12569, 11 August 1906, Page 6

THE CHIEF JUSTICE ON GAMBLING .

(PUSS ASSOCIATION IXLTOB-Jt.) WELLINGTON, August 10. Jn the Supreme Court to-rlay, thcase of Crajsidy versus Caasells (detective) was heard. Tho appellant had been convicted of having no visible means of support. The oonviotion was made on' an information kid under section 26, subsection 1, of the Polioe Offences Act, 1884. At to-day's proceedings Mr Herdman appeared for the appellant, and Mr Myers for the respondent. Broadly, put, the argument of the appellant was .that the information disclosed no offonoe, inasmuch, as it only set out the words of the statute. Further, counsel argued that the fact of Cassidy having in his possession £60 when he was arrested, proved that be had lawful means of support. 7 "V In delivering judgment, the Chief Justice, without calling on appellant's ' counsel to reply, said it was stated that Cassidy did no work, and the Magistrate seemed to have thought that the £60 waa money earned in conducting a common gaming house. In his Honour's - opinion, however, how tbe man got his money, so long aa it waa his money, and no proof of'its having been got dishonestly was adduced, was not a matter for consideration in the judgment. It could not be shown that this money was not Cassddy's, and therefore the case could not The brought under section 26 of the Police Offences Act, 1884. Tbe trouble aa tp establishing a case was one for the '. Legislature to consider, not the Court, His Honour must administer justice as. much to Cassidy as to the most reputable citizen who came to the Court, though it iriight be that Cassidy had been of- ' fending against another statute, There was no doubt our laws against gambling required amendment, but until the conscience of the community' was stirred, and while we had our State gambling machine, not much in this direction was likely to be done. He was afraid the appeal would be upheld. At the same time lie must say that, he found no fault with tbe procedure at all. The police found imperfect machineiy in too law, and they had been striving to make it effective to. cope with a great evil affecting the community. The point in the appeal concerning the form, of information could mot be upheld.