NOT PROVEN.

Press, Volume LXIII, Issue 18918, 5 February 1927, Page 7

NOT PROVEN.

GAMINGHOUSE CHARGE DISMISSED. I » ECHOES OF POLICE RAIDEchoes of the recent police raid on the common framing house, situated a 171 Madras street. City, were hearu in :" - Lower Court, yesterday moruinr 'i..e o,vuer of the building. Walter HuUtou. middle aged, hair-dresser, Madras street, was chared that, being the owner of premises known as 171 Madras- street, he did knowingly and vvilfullv permit them to be kept and used as a common gaming house o> Alexander Duncan. He denied ni=> guilt, and was defended by Mr I*. "• Jsargent. ~ <. Evidence given by Detective-Ser-geant J. B. Young to the eflect that on Januarv 22nd, at 12.2 p.m.. ne > with other detectives, raided the premises and arrested Alexander Duncan, who was fined £75 for keeping lllC place as a common gaming house. i}° described the premises, savilic: that in front there was n boot repair shop, then a storeroom and then the room at the back, which was kept as a common bettiivr place. He said Hulston was a hairdresser and tobacconist, l'or some time nrior to June of last year. 171 Madras street had been used as a common gaming house, and on June cth. last year, he executed ?; warrant on the premises and one of the two men found there was convicted ann fined £IOO on a eharee of keeping the premises, while another man was fined £IOO for assisting in the running of the premises. "Since that date/' declared Detective-Serccant Young, "thesp premises have been kept a* a itamina house, and on .Tanuarv 22nd T executed another lrnrnnt nnd raided the place." When the police entered the nretni«o<:. he went n». Hulston was iin *'■ hettinrr room with Duncan who ''•as takin" het<! over n telephone I Duncan hsd hettin" and acceptance <"> H« on the table in front of him Huhton was arrested with others, «nd when he was 'before the Court. hj» pleaded not guilty, hut was '■invictpd and fined €5. t'm maximum fin" for lioiii" found on the premises. After fh«v had enfprpd the nrpmi«pi. Dotp"tivp-Spr?pant Yonny T °hl the <"V>urt that he took charge of the 'n'-mip fin<l necpntpn 1 hctt o'"Pr "\ A\*hp" addr<>«innr the M"g'str«it«> Wr TT P. T.nwrvl in the afternoon Mr Sm-<rpnf submitted thet if the Crown ivisbp'' to succeed it had to prove that the. owner was full*" aware that the nlncp vrni Vin? as a common srnmins house. The onus to nrov M'->t the owner knnwinsrlv and wi'fnllv allowed his premises to hj» u«!pd as a famine honep on tho CrOTn, nnr] ronnepl cnhmittcl that i+ hnd fallen far short of proving that The onlv evidence on th" cnerpe was th?t RuMon had hppn fnim l * in the room on the dnv of the raid Ho maintained that tho Crown's pridorrn venrrnntpd him to hi« Worship that Tip dismi«c tho oa=p without hearin" nvifl«nr-o for thp dpfpnen. Ris Wor«Tif»> di c 'nisspd the chargr o . «ivin™ t'f>t tho evidence tho Ponrt did not -rove that TTidc*on wilfullr and Icnowinrdy permitted his premises to he used as a common gaming house. Tinsmith Convicted. "I'm not guilty: that's all," said Edward John Geary, middle-aged, tinsmith, who was charged with being found on- the premises on January 22nd. His excuse for being on the premises was that he had been asked to mend a billy at the shop, and that he had just gone there to do the job. "He told mo he wanted a pair of hoots, when ho came into the room,"-Detective-Sergeant Young liaid to Mr I/awry. Geary was convicted and fined £2 and costs.