MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 199, 16 May 1908, Page 13

MAGISTRATE'S COURT.

POLICE CASES. (Before Mr. W.' G. Riddel], S.M.) "TWO-UP" PLAYERS. THE LAST OF THE) RECENT RAID. A young man named George Smith entered a plea of not guilty to a; charge of having, oil April 12, at Onslow, unlawfully played, by-way of gaming, in a public place with certain coins, a game of chance. Sub-Inspector O'Donovan prosecuted, and Mr.' Wilford appeared for the dcfence. Evidence similar in effect to that given in tlio cases of the two-up players convicted last week on a similar charge at tho same place, was. tendered by the prosecution. George Smith, clerk, stated that while ho was out for a. walk 011 tho Sunday in question ho came across the "two-uppers," and looked 011 at the garni) for a while. Witness nover■ played ; or handled the kip, although he looked on for about twenty minutes. "When tlin policemen came witness stood for . a while, but then left, as he did not want to be called as a witness. Witness did l not understand anything about :tho game. Tho Sub-Inspector: No, you'were an innocent. abroad! . His Worship .said-accused must 1 bo convicted, and-' the ; samo penalty imposed as in the other bases. Defendant would bo convicted, and fined £5, and costs 7s. Twenty-four hours' timo was allowed to pay the fine." ; A "TWO-UP" SCOUT. Richard Moihlko was charged that, on April 12, at Onslow, ho did unlawfully play by. way of gaining in a public place, Rhodes Street, with certain coins at a • game of chanc9. ■

.'Mr. Wilford appeared for tho defence. Sub-Inspector O'Donovan stated that this caso was somowhat different from tho others that had been hoard. Defondant was.a party to. the game by being a' witness to it and looking out for tho police, and protecting tho players whilo tho game was going on. : . ' ' '. Constable. Mullooly. deposed thfit on Ajjril 12 ho visited Rhodes Street in company with Constable: Heffernan. At about 2 p.m. he saw a number of people gather and commence to.play a game, tossing two coins off a kip. Witness, heard some of tho men 1 calling' out bets, and understood that tho, gamo was known as "two-up." Witness saw' defendant, who was amongst the first ton to' arrive. Accused acted as scout, walking back and forward from tho ring when the coins wore being tossod, and . apparently keeping ivatch'oll tho Kajwarra Road, iAs tho afternoon train to Kaiwarra passed, accused pulled out a white handkerchief and waved it at the train. A quarter of an hour after the train had pulled up at Kaiwarra the. gathering was augmented by tho arrival of a good number of men. ■ When tho police, qharged the ring, .accused ran away with the. others/- Later, when witn&ss asked him for his name, ho • became abusive. Accused also said lie had' not beon signalling for the "school," but to his wife, who was on • a coal hulk in the harbour. Accuscd still refused to give his name, but witness had no doubt about tho man's idontity. • ■ ■

Constable Heffernan gave corroborative evidence. - Mr. Wilford remarked that in snorting parlance he was starting with a' 12.10 handicap, bis client having been convicted four times previously : for playinc two-up, a fact that tho police know. If the, Court looked at. the matter through police spectacles it would say defendant, waved to the train, but if the spectacles wero those nf- counsel for the defence the wave would bo to the coal hulk. His client' wns drawn-instinc-tively to a "two-np"' school like a needle to a magnet. He had no money on tho dav of the raid, ...but-he, was fond'of the -'sport," and could not resist watching it whenever he got the opportunity. Defendant admitted that he was at the "school" on . the day in question, but he was not playingj having come oiit without money. , He took no-part in the pamo; When he waved his handkerchiof ho did so toi his wife, who 'was on a luilk in the harbour. He did' not see.the train passing. If lie wanted to be a "pimp" he could say who tho scout was, and who got! the money for scouting. He requested the police to go out to the hulk and prove if what ho said about his wife was not true.

His Worship said defendant had pleaded not guilty, but the Court thought tho evidence was sufficient to convict upon. Tho other men had beenTinpd £5, hut the Court must make somo distinction in this case. Accused would bo convicted and fined £7, and costs 7s.

SELLING TICKETS FOR A SWEEP. ; TOBACCONISTS IN TROUBLE. Charles Frederick Priest was charged that, on May 7, at Petone, ho did unlawfully sell a ticket, by which said ticket, permission was givon to tho purchaser to' havo an interest in a scheme by which prizes aro gained by a mode of chance. Chief-Detectivo M'Grath prosecuted, and Mr. Wilford appeared for defendant, who ploadcd guilty. Tho Chief-Detective informed the Court that dofondant was a hairdresser and tobacconist .at Petono. A probationary constable wont into defendant's shop and purchased two tickets from him in a swoop on tho War.ganui Steeplechase, to bo run on May 23. ' The ticket showed that there' were to he 25,000 subscribers at 2s. oach, and the prizes were to be: first horse, £750; second liorse, £300; and third horso, £100; tho other horses to divide £200. Dofondant charged 2s. 3d. for each ticket, his commission being 3d. He (the Chief-Detective) understood that similar tickets were being sold ' throughout the Dominion. Mr. Wilford'urged that the offoneo was ono practically recently created. Up to 1906 men woro selling tickets for Tattersall's sweeps openly ill tho town. -His cliont was a man of irreproachable character, and had novor mado a living out of any form of gambling or been connected with it in any shape or form. Priest had not followed the legislation of tho country, and had no ■ idea ho was not doing right in soiling tho tickets as long, as ho did not promote a, sweep. No ono was .more surprised than defendant when lie found ho was doing wrong. Defendant had not attempted to conceal tho sales. Detective M'Grath: "This has been an otfenco in Now Zealand since 1881." Dotectivo Cassells gavo evidence as to tho good character of dofondant.

His "Worship said he did not doubt accused's character. Ignoranco of tho law had been pleaded as an explanation, but it seemed strafigo that anyone who read tho papers could advance this explanation. A penalty must', lie imposed as a deterrent to others. Defendant would be convicted and fined 40s. and costs 7s. '■ FURTHER CHARGES. Percy Simpson, assistant in Priest's shop, also pleaded guilty to a similar charge to tho above, and was convicted and fined 20s. and costs 75. 1 John Trinor, hairdresser and tobacconist, Wellington, entered picas of guilty to two separate charges the same as the foregoing. On the first information defendant was convicted and fined 40s. and costs 75., and on tho second chargo ho was'convicted and ordered to pey costs 7s. Mr. AVilfdrd appeared for the defcnco in each c?.se. ■ \ A REMAND. Ivan Black came forward in answer to a chargo that;, oil or about April 21, at Wellington, ho commended a schome by which prizes of money were gained by a mo do of chance. Mr. Herdman, who apnea red for defendant, asked for a remand until Wednesday next. ; Bail was allowed in tho sum of £50, and one. surety of £50. A PANAMA lIAT. ■ Robert Rollo, professional pugilist, pleaded not guilty to a charge of tho theft on April 16- of a panama'hat valued at £2 25., tho property of John B. Lopdell. John B. Lopdell, farmer, of Hawke's Bay, stated that ho was in the Criterion Cafe on the night of April 16. He hung his hat up whilst hewwats t having supper, and when ho had finished tho hat had gone. No other hat was left in itjs place. . James Fletcher, employed at the Criterion Cafe, sajv accused and witness Lopdell at the Cafe on April 16. The latter complained of losing his hat. Detective Cassclls deposod that he found the panama hat produced in accused's rooms. Accused denied aay knowledgo of how the hat got there, but'subsequently admitted that he'liacl taken tho hat by mistake.

Defendant stated that ho was under the influence of drink when he took tho hat. Ho made inquiries, but could not find out where ho had taken the hat from. /If he had found out ho would, havo. returned it. His Worship remarked that tho circumstances wore suspicious, but ho was. prepared to give defendant a chance., Defendant would bo convicted and ordered to come 'up for sentence when called vpon on condition that the hat was returned, and witnesses' expenses, 335., paid.

FORGING A RECEIPT. Mary Sinclair Inprlis was charged that on January 30 at Wellington she forged tho name of Christina. M'Gruer, Brooklyn, to a receipt for 30s. Chief-Detective M'Grath prosecuted, and Mr. Levvey appeared for tho defence. Evidence was called to show that accused was stopping with informant in Decomber and January last, When she acted as a nurse. A sewing machine'was missed during tho time accused was at the house. Accused had lio authority to sell it.' ' \ '

Detective Williams stated that he arrested accused on tho evening of May 12 on a charge.of theft of tho machine. Sho admitted bavins taken the machine from tho M'Gruprs's house and selling it. for 305., signing the name of Christina M'Gruer to the receipt. The buyer no doubt thought she was Mrs. M'Gruer.

Accused, pleaded guilty, and was committed to tho Supremo Court for sentence. Bail was allowed in' , accused's own recognisance of £25.

On a second charge , of_ obtaining goods valued at £2 2s. from Veitch and, Allan by means of false pretences accused was convicted and ordered to come up for sentenco when called upon. A WOMEN'S QUARREL. Theresa Stevens was convictod and • fined £3, in default fourteen'days'; imprisonm ant, on''.a'charge of unlawfully assaulting Minnie O'Connor. Plaintiff stated that defendant came behind ' her' in Waterloo "Quay and struck her a blow ' which stunned her and cut hor head. Defendant admitted'striking the blow, but alleged that sho was provoked to do it by tho language used by plaintiff to her.

IDLE AND DISORDERLY. Philip Shannon pleaded guilty to a chargo of being an idle and disorderly person within tho meaning of tho l'olico Offences Act, 1884, in that ho had insufficient..lawful moans of support. -Defendant was convicted and sentenced to., three months' imprisonment with hard labour. MISCELLANEOUS. The hearing of' tho chargo of indecency against James Robertson was further adjourned until May 20, bail being'allowed in tho sum of £25 and one surety of i:2o. For procuring beer during tho currency of a prohibition order an old man named Arthur Scott was convicted and fined 40s. and costs 75., in default fourteen days' imprisonment. Three first offenders for drunkenness v/ere .brought forward, oach being convicted and' finod 55., in default/ twenty-four hours' imprisonment.