GAMING CHARGE DISMISSED

Press, Volume LXXIII, Issue 22104, 28 May 1937, Page 6

GAMING CHARGE DISMISSED

—♦— NO EVIDENCE OP BOOKMAKING CONSTABLE'S VISITS TO HOTEL AUCKLAND PROSECUTION (PftCSS ASSOCIATION TBLEGKAM.I AUCKLAND. May 27. "A man who makes isolated bets is not carrying on the business of a bookmaker, and no evidence has been given of any business at all." said Mr Wyvern Wilson, S.M., in the Magistrate's Court, in dismissing a charge against Harry Syred, an insurance agent, aged 66 (Mr Noble). Syred pleaded not guilty to a charge of carrying on the business of a bookmaker. Constable Urquhart, of Wellington, said he was detailed for duty in Auckland in April, to detect breaches of the Gaming Act. Between April 27 and May 15 he paid numerous visits to the private bar of a hotel to keep accused under observation, and to make a few bets with him. Many men were seen to approach the accused, who.refused to accept witness's first bet of ss. On another day accused accepted a 10s bet from witness, who also took a 5s double on a chart produced by accused. On May 15 witness wanted to lay a 5s bet with accused, who refused to take it. Accused Searched Detective Brady gave evidence of a visit paid by him to the hotel on May 15 with a warrant to arrest accused on a charge of bookmaking. Accused denied bookmaking, and when introduced to Constable Urquhart said he ,had not previously seen him. On searching accused witness found a book, "best bets," the results and dividends of four races, a wallet, a quantity j of small note-paper, and a note with a number of telephone numbers. Some of the telephone numbers witness identified as those of certain bookmakers. A search of accused's flat revealed a double chart in a suit of clothing. Accused denied that the chart was his. Questioned by the Magistrate concerning the significance of an insect printed on the double chart, witness stated that the insect was the coda sign of a certain bookmaker, not the accused. In reply to Mr Noble witness said similar charts were circulated before race meetings. The evidence of the police stated that Syred had been found in an hotel, commented the Magistrate, who pointed out that this was not significant It was stated that he frequented one end of the room by the fire, which was understandable for a man in weak health. As he was an habitue of the hotel, the Magistrate did not consider it significant that he should be approached by persons going to the hotel, and there was nothing sinister in their speaking to him in a place other than the bar. although it was suggested that men came to him to make bets, and that he took them aside to record bets. There was, nevertheless, no evidence of anyone either over-hearing him making bets, or having found him recording them. Evidence Lacking "After several vain endeavours," continued the Magistrate, "the constable made three bets with Syred, who noted them on a piece of paper. Again the evidence falls short of what one might expect a man conducting the business of a bookmaker to do, because it is likely that he would have other bets recorded, which could be seen by the constable. "At the eleventh hour, when the case was stood down for hearing, an interview took place between Syred and two detectives, in which he said he was going to plead guilty. He was told that the charge against him was a bookmaking charge. However, it was more than bookmaking. it was a charge of carrying on the business of a bookmaker. "In the note-book found on Syred there is no evidence of betting," added the Magistrate. "His possession of the book 'the best bets' shows that he is interested in horse racing, and nothing else. Every man who comes back from a race meeting whoftias a race-book has. on the police evidence, indications that he is interested in bookmaking. There is rro evidence to support the charge, and the information is dismissed." ! " '" ' "—**