FOUND IN GAMING HOUSE

Press, Volume XC, Issue 27307, 25 March 1954, Page 12

FOUND IN GAMING HOUSE

WOMAN AND THREE MEN FINED

Four more persons appeared in the Magistrate’s Court yesterday on charges arising from a police visit to a gaming house at 229 Lichfield street on March 12. Each pleaded not guilty to a charge of being found on the premises of a common gaming house. All said that they did not see gambling in progress while they were in the house and did not know that it was taking place. Mr Raymond Ferner, S.M., fined each defendant £3.

Those fined were: Lucy Harvey, a married woman, aged 36; John Henry Fenton, a clerk, aged 44; George Charles Ellis, a factory worker, aged 44; and Leonard Victor Seelen, a waterside worker. Mr W. F. Brown appeared for the defendants. Detective-Sergeant G. C. Urquhart described the visit of the police to the house in Lichfield street, where the four defendants had been found. Detective-Sergeant E. G’. Ward told of his visit to the house and of his finding a game of crown and anchor in progress. Questioned by Mr Brown he said there was a pianola in the room with about eight persons grouped round it.

Detective-Sergeant G. Alty said he took the names of a number of persons in the room. Neither Fenton nor Ellis offered any excuse for their presence in the house or any protest at their arrest, when he took their names. Indeed none of the four defendants offered any excuse or protest to him. Constable F. B. Tulley said he had visited the house on two occasions before the raid.

Constable D. H. Cole said he visited the house with the previous witness. He recognised both Fenton and Harvey as persons he hatf seen in the house previously. Fenton in evidence said he went to the house about 9 p.m. because he was interested in the New Zealand Legion. He had read an advertisement about the legion in a newspaper. At the house he had paid a 10s entry fee to the organisation and had received an official receipt. During his time in the building he had sat at the pianola singing. He did not know that gambling was in progress. Ellis said he had gone to the house with Fenton and had also paid an entry fee to the organisation known as the New Zealand Legion. He had stayed with Fenton until the police arrived.

Seelen said he had gone to the house because he had heard there was a social gathering there. He had heard vaguely that it was organised by the Bower branch of the Labour Party. He had taken his sister, Mrs Harvey, with him. After their arrival about 11.40 p.m. they had remained with the group around the pianola. He did not know gambling was going on. Mrs Harvey supported the evidence of her brother.

“The onus is heavily on the defendants to prove that they were in the house for some lawful purpose,” said the Magistrate. None had shown themselves to be satisfactory witnesses.