WORKING THE TOTALISATOR.

Press, Volume L, Issue 14916, 14 March 1914, Page 12

WORKING THE TOTALISATOR.

CASE AGAIXST A PROPRIETOR,

(special to "tite press.")

NELSON, March 13.

A case of considerable interest to racing clubs throughout tho Dominion was beard at tho Magistrate's Court to-day by Mr J. S. Evans, S.M., when Harry D. James, totalisator proprietor fcr tho Nelson Trotting Club, was charged with unlawfully registering about JEIS on the Brigbtwater Handicap at the club's recent meeting after the time notified in the programme, viz., 4.10 p.m. approximately. Sergeant Barrett said tbe information was laid in accordance with the section which prescribed tbat it shall not bo lawful for any member, officer, agent, or servant of any racing club to register on tlio totalisator, after the timo notified by such club for tho starting of any race, any mon<s received for investment in respect of that ruce. Tho evidence would show that the defendant registered moaev after the time notified to start the race. The club made a practice of using the word "approximately," but it would be shown that money was registered after the race had started. Formal cvide.noe wns given by Henry Ba:---->»tnt (president) ar.d Jchn Glen (secretary), both of whom stated that tbe dsfendant was notified that tbe race would not start till 4.35 p.m. Sergeant Barrett stated that a notice under the clock on tho totalisator stated thnt the red b-nnd indicted tbe time the totalisator would clo?e. The fed hand was first fixed at 4.10, end was then set at 4.12 be the defendant. Tbe race was stirted at 4.15 i. and monrv was beins registered on the machine after the limit horses hod gonosome distance—rjcrhaps two furlongs. Immediately thf- machine closed registering he asked tho defendant why he had taken mon<>y after the raco had started, find he said he was only "registering it on." He also remarked that "they did not »:vo us tbe bell." Cross-examined by Mr Harley, witness swore that the red hand was at 4.12. He pdmitied that he did not. know the time of the race had been altered. Ho only saw the defendant alter the time. Constable Sbeary gave corroborative evidsneo in Tegard to the red hand bci'ig fixed at 4 12. H« said he noticed that the total on the. machine increased after the raco had started. Two horsei ,hnd got away before th» machine stopped taking money. Defendant, in hia evidence, stated that he received notification from the secretary, and rut the clock on five minutes for tho last threo Taces, and he believed he set tho clock himself to 4.15. If he did not. he instructed one of the hands to do so. He did not tiike any money after the judge rang the starting bell, and it was all registered beforo then. Defendant said ho had worked the totalisator all over New Zealand, and had never been spoken to beforo. He told Sergeant Barrett that he was registering tho money that was in the machine. Joseph E. Bartlett, who officiated as judge, gavo evidence- that the bell was rung when tho last horee left thc post in every race at the recent meeting, because the club made aa innovation by starting nil races in front of tho stand, and if tho bell had been rung when tho limit horses went, the noise would havo prevented tho bell on tho starting clock beinsr heard. It was quite probable that the 'totalisator proprietor wos not aware- of this. The Magistrate said bo understood tbat this was the first caso of its kind in tho Dominion, and as it was of considerable public interest, he would give hi» decision in writing to-morrow morning. Ho was anite satisfied, however, that the defendant had no intention of committing a breach of the Act.