MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 514, 22 May 1909, Page 10

MAGISTRATE'S COURT.

(Boforo Mr. W. G. Riddell, S.M.)

AN ALLEGED " WALKING TOTE."

When the: informations laid under th 9 Gaming Act wero read against. James Ham and Wm. Ham, charging .them with being in. Willis. Street for tho purpose of betting, Chief Dotective Broberg intimated that, in view of the. decision of the Court in the case against Eager, ho did not propose to offer any evidence on tlieso informations. ■ , His Worship tbereforo dismissed tho in-V foririations. The police intimated that they proceed against defendants under tho by-laws. James Ham was then charged , with having, on April 29, used Willis Street for tho purposo of a bookmaker. Defendant, for ( whom Mr, M'Grath appeared, pleaded not guilty. . Chief Detective Broberg conducted the case for-the police. . •- James Walden, private detective, stated that there was a race meeting at Palmerstou North on April 29. Detective Cassells stated that, on the morning , of April 20, ho 6aw. defendant in' Willis Street, outside tho Empire Hotel. Defendant gavo several different men raoe cards, and handed one man money. Witness also saw him receive - money from''a- boy in knickerbockers. A man, wlio looked like a lumpor, handed defendant somo money, and, later,' defendant and another man were seen consulting a raco card. . On another occasion ' defendant received some money. from a man, and retired to a doorway and mado an entry in' his book. Later, ho received apparently half-a-orown from a boy. Witness detailed other instances tho same; day, on ■which defendant and men were seen oon.sulting faco cards. Defendant was also seen receiving something, from men and making -entries in his b00k... Defendant was a bookmaker. .Handing out cards, receiving .and paying qnt money,, and making entries in a book, was part of 'tho business of a bookmaker. 'Willis Street was a public plaoe, To Mr...M'Grath: Witness was in an upstairs room in the Grand 'Hotel on the. day that he took the notes about defendants Defendant, was watching the ponco the whole time, and, when a constable appoared, ho wont into, the hotel, or walked up the street. The majority of the men who went up to defendant , wero labourers. Witness did not know that defendant was a contractor for screening for tho Westport and State Coal Companies,. Ho did: not know that defendant had ever,hold a license as a-bookmaker or-a bookmaker's clerk. Witness would not swear that defendant's father was not-a contractor and a rent-collector, and that defendant was not employed by hiß father engaging men to work for him. Witness had never seen defendant on a racecourse. : Re-examined by Chief. Detective Broberg, witness said it was not argued that defendant was a racecourse bookmaker. The allegation was that ho was what was known as a '"walking tote." v At this stage the case was adjourned to Friday next. A second information against defendant, and two informations against. Wm. Ham wore also adjourned-to ' TRAM CONDUCTOR AND POLICEMAN. A PECULIAR CASE. 1 '■ " Somo unusual features wore brought out in a oase in which a tram conductor, named ltobt. M'Kay, pleaded not guilty-to a charge of disorderly conduct in Farish Street whilst drunk on May 15r ' Consrtable''Mills stated that he was on his -round .near the Town Hall at 9.20 p.mi when ho heard some men. "rowing" in Farish .Street, and on investigating the cause of the noiso he found three men,lighting there, accused being;,-.one. of ' tho' ; party. Witness warned the inen to got'away home, and accused replied that he; (witness) could "have a go" if ho wanted it. When witness waa engaged with, accused, one of .tho others caught him by tho logs from behind,- and threw him to the .ground. Witness drew his , baton,_ but .. accused knocked - it . out of his :haiid. Witness then blew his whistle,twice, and the. whistle was then knocked out of his mouth by a blow from one of the men. 'Eventually accused "was arrested. On the :way ,to, tho station, ho -resisted, ■ and - wanted to fight. To Mr. Jackson: Witness did not know that the three men were members of the St. Jame3; Football Club ( and t'hat they were practising', serum tactics. .. Witness was not a fighter. Ho would sooner; run than .fight, •as he .was only an amateur. -If accused had been' behaving himself ; witness would -not havo arrested, him for; drunkenness. ; He .was ; not drunk, enough to- arrest on'-thie charge alone.:'..''-. Sergeant Dale and Constable Blako also gavo evidence that .accused was not drunk. Constable i Blake ' said accused ; appeared' to havo been drinking, , and .in roply to a remark by the constable said that he. would: fight the constable for £5 .or £10 ■ when the oon-. stablo was-in-plain clothes'. ... Robert M'Kay, tram conductor, stated that he was a member of the St. James Football Club, but; he .had not played on Saturday as ho.wai suffering from influenza. Ho was in bed all the morning, and got up at midday and , went to see Dr. "Hogg at about 6.30 p.m. Ho only -had one drink-in-the'after-noon—a claret and soda.,' Witness detailed • his _movomerits on tho Saturday evening up .to just before 10 p.m., when, ho met some club mates, and had one more drink at; Barrett's Hotel—a clarot and soda. The party decided to go for.supper in Cuba Street, and witness . and two of his mates were going through :-Farish Street, Where they .wero having an argument as-to."scjnms," when Constable lilills came up and*jrashed witness, on the back of tho neck, and aftor a few preliminaries said,that ho would "have a piece" of. witness, as ho'was the biggest of the three. Witness tried to get away, but the constablo would not let him, and a-fight-ensued. .Witness walked quietly, to the. station until near. tho Bank of New Zealand, when tho constable struck witness and tripped him. On arrival at the. station witness found, that lie was under arrest on a charge of being drunk and disorderly. He had asked that a doctor should be sent for, and when this'request was not. complied with ho asked that he might see a chemist. At the outset there was-, no wrangling between witness -and his" friends, who wore all quiet and absolutely sober. •_ . : Austin Tyler, bricklayer, statod that M'Kay .was perfectly sober at 10 p.m., and, with John' Armstrong, driver, corroborated the evidence of accused; and stated that the trouble was conanencod by the constablo. Mr. Jackson said .that ho could call ; wit-' nessesito provij that - M'Kay' waß porfeotly I sober all mght, but the Court was satisfied | with the .'evidence of ■ one witness on this point, Edward Sullivan. ■ "Sis Worship , said that it was difficult to understand tho ■ evidence of the two sides. One side was undoubtedly committing porjury. It seemed hardly credible that tho constable should behave as had been stated, but, on tho other hand, the evidence of,tho witnesses for'the defenco hod not been-broken down. Defendant might bo guilty of. somo kind of offonoe, but on tho ovidenco tho Court could not hold that ho was guilty of the off once, with which ho was charged. There was no evidence, to show that defendant was drunk. Defendant would be discharged. SIX MONTHS, FOR THEFT. • ' A young 'man named Frederick Armitago pleaded guilty (1) to stealing a saddle and pair of reins valued at £3 10s., tho property of David Barrio, and (2) to stealing a set of harnoss and a coat valued at £4,105., the property of F. W. Scott. Armitago was also charged in conjunction with Chas. Russell with stealing threo boxes of grapes and a horse-cover, valued at £1 135., the property of John Withers. Both accused pleaded guilty. Chief Detectivo Broberg stated that, on May 18,-Mr. Barrio, a boardinchouse-keeper, went to the fruit mart and left his horso on .a section near by. Armitago took part of the harness off tho horse, and sold it to a' ; second-hand dealer. Tho. following day Armitago. drove Mr. Scott's horso and trap away from tho fruit mart, took the harness off,- and sold it to. a 'second-hand- dealer for 9s; Tho next, day_ f Mr. Withers' left. : his cart in Blair Streot and. Armitago and Russell drove off in'-the cart, from which they took somo grapes and a ; horse-cover. ... Russell was remanded to Monday, for. sentenco to enablo tho police to make inquiries about him. Azmit&go «u sontonccd to threo aoatiiA'

imprisonment. on each of the first two charges, the sentences to bo cumulative. A sentence of tbroe months' imprisonment was also imposed on the third charge, the sentence to be concarrent. BY-LAW CASES. Henry Bradnock was convicted and fined lO.i. and costs 7s. for leaving a vehicle in Tinakori Road without some competent perBon being in charge and tho wheel being locked. Wm. Hedges, charged with being drunk whilst in chargo of a horso in Rintoul Street, was convicted and fined 405., and costs 215., in- default seven days' imprisonment. SCHOOL ATTENDANCE. For failing to send children to school as often as required by tho Act, fines wero imposed as under:—Francis M'Donald, Floronco O'Donoghue," Patrick Ryan, Chas. Scoringe, Frederick Thomas, and Geo. H. Yates, ss. and costs 75.; Alex. Lowe, 2s. and costs 7s. on each of two charges; Herbert Pratley and Wm. Spencor, 2s. and costs 75.; Jas. Blewman, Chas. D. Graham and Robt. Hare, 2s. and costs 53.; Edward Brady and Chas. D. Graham, 2s. ■ TRESPASSING ON A RACECOURSE. Wm. Collins pleaded guilty to having, on April-26, at Trentham, wilfully on the Trentham Racecourse, and. refused to leave after being warned. Ho was convicted arid fined £3 and costs £1 18s. Gd., in default seven days' imprisonment. OTHER CASES. A young woman named Esther Hamilton Collier pleaded guilty to using obscene language in Tinakori Road,, and was oonvicted and fined. £5 and costs 155., in default 21 days'.imprisonment. . Louisa Maitlaud, on remand on a charge of having been found in a Btate of helpless' drunkenness, was convicted and ordered to pay medical expenses, 175.-6 d., in default 48 hours' imprisonment. Two first offenders, for drunkenness, wore each convicted and fined 55., in default 24 hours' imprisonment. MOUNT OOOK POLICE COURT. At the Mount Cook Police Court yesterday, before Mr. J. Coogan, J.P., John Davy, charged with being drunk and disorderly, was fined 40s„ in default 14 days' imprisonment. Tiro first offenders, on bail, who did not appear, wero each fined 10s., in default 48 hours' imprisonment.