AND WHO IS "A B C"?

Dominion, Volume 4, Issue 1210, 19 August 1911, Page 6

AND WHO IS "A B C"?

ANIMATED COURT CASE. SCOTT AND MARTINDALE CHARGED WITNESS "WHO WAS SLOW TO 'ANSWER. Rather .1 lively ease camo on at the Magistrate's Court yesterday when William Scott and Henry Martindalo were charged with that on or about May 13 at Wellington they did publish a- document which contained a notification as to betting on horso races. Mr. T. M. Wilford appeared for the defendants, and Chief-Detective Broborg prosecuted. Fred. Mowlem, insurance agent, of Palmerston. North, stated that in May last ho had received, through tho post, four cards, ouo of which' bore tho words "Scott and Martindale, woolbrokers, Wellington." 'i'ho other threo cards were apparently betting cards. The cards had been sent to his sou "Cliff" Mowlein. Mr. Wilford: Where is tho envelope?— "Well, I am surprised that it is not here." Is it a fact that tho envelope boro the stamp of having been posted in some place other ■ than Wellington?—"l don't know; I didn't notice." Will you deny it?—"lt might have been, posted in Timbuctoo as far as I know." Then you cannot give evidence that it came from tho Wellington post office?— "No." Evidence was given, by Inspector Ellison and Clifton Mowlem. "What Does "A.8.C." Signify? Detective Kemp was then called. He stated that the letters A.B.C. on the double cards indicated Scott and Martindale. He had known Scott and Martindale for seven years, hut had never known them to do busiuess in wool. Mr. Wilford: Have you ever seen any statement in writing identifying Scott and Martindale as A.B.C. ?—"No." Do vou know that A.B.C. means "All Bets Cash?"—" No." Do you know that A.8.C.. is used in various parts of the world, in England, and even in France, with tho meaning "All Bets Cash?"—" No." His Worship: "Of course you aTe only assuming that that i 9 the meaning." Mr. Wilford: I am more than assuming. I know. But I can't tell you how I know. It's this way: supposing your Worship asked me the prico of a doublewell, I wouldn't tell you. His Worship: 1 suppose .the deduction is tho same as that of tho detective who says ho knows that "A.8.C." means Scott and Martindale ? Mr. Wilford; Oh no; more definite than that. Mr. Wilfwd (to Detective Kemp): Is it not customary that' all betting ondoubles is cash?—" Yes." And is it not probable that air bookmakers would intimate :to those who didn't know that all bets were cash?— "Yes; to those who didn't know." Detective Broborg: What do these cards convey ?—"lnformation by them (the bookmakers) to their clients to let them know that they are prepared to do business at th» prices quoted." Mr. Wilford: Have you ever seen "P.i'.C." on cards?—" Yes." Doesn't that mean, "Please Pay Cash?" —Witness answered that he did not take it to mean that. It was a sign of a bookmaking firm. Detective Hammond affirmed in evidonee that "A.8.C." on the cards meant "Scott and Martindale." Mr. Wilford: Wonld you swear to the Court that they, don't deal in wool?— "No; I would not. They do a little sharebraking." . Mr. Wilford: "And deal in land." Would you bo certain that A.B.C. has stood for Scott and Martindale since the passing of tho last Gaming Act ?—" 'A.B.C.' stands for somo person, and is commonly known (as Scott anil Martindale." Do you know "P.P.C." on double-cards? —"Yes." It stands for "Please Pay Cash"?— "No, a bookmaker ■in Christchurch." A Difficult Witness. Denis Driscoll, printer, Lambton Quay, was called, and stated that ho was engaged in business as a, printer on Lambton Quay in May last. Detocfive Broberg: Have you ever done, any printing for Scott and Martindale? —"I. decline to answer.". On what grounds?—"l might incriminate, myself." His Worship: "You must answer tho question!"— Witness: "On advice, I decline to answer."

His Worship: "You arc bound to answer the question!" Detective Broberg: I ask that tins witness bo forced to answer the quostion. Mr. Wilford: .1 object to Detective Broberg s procedure. Mr. Wilford read from the statute that anyone who printed any document containing betting information was "liable " Detective Broberg interjected: "Mr. Wilford is appearing for tho witness." Detective Broberg then said that Driscoll could not incriminate himself. Ho had been charged with a printing offence some time ago, and tho ca?o had been dismissed, and could not be brought again This was then explained to Driscoll, and ho was asked: "Have you ever printed any cards for Scott and Martindale?" "I decline to answer," lie replied. Detective Broberg: Did you print double charts for Scott and Martindale?— "I declino to answer." His Worship: Oh, you must answer. Driscoll: I have advice not to. His Worship: Very well; you will bo penalised. Driscoll: Suppose I decline to answer? Detective Broberg: That is another quostion altogether. His Worship says that you must answer. ' Driscoll: I decline to answer. His Worship: "Very well; just wait i\ minute." His Worship then ■ perused a volume of law, and said: "AVitness, as youhavo declined to answer this question after I have stated to yon that you cannot bo incriminated, I will read 'tho ntatuto to you. . . . You are liable to seven days' imprisonment." Again tho quostion was.put to Driscoll, and again he refused to answer. His Worship: Very well Mr. Wilford: Before you deal with him I would like to say that it is owing to his deafness that ho does not understand tho position. I know that he does not understand, because ho took my advico in a certain matter. Consequently, I conld not sit here and seo yon scntenco him without saying this. Detective Broberg: As Mr. Wilford is his solicitor, perhaps they can retire for a. while. His Worship permitted Mr. Wilford and Driscoll to retire for five minutes. On their returning Driscoll said that ho had' misunderstood tho position owing to his partial deafness. , , Cards woro then produced again by Detective Broberg, and tho witness replied that he could not swear to printing the cards. It was true, however, that he had ilono a littlo printing for Scolt and Martindale. The Defendants' Caso. Mr. Wilford addressed tho Court. He raid that he proposed to reply upon Hip law. Scott and iJartindalo had done no illegal acts and tho prosecution had failed to connect them with any offence outlined in Section 30, sub-Section I of the G.iming Act. There wore various offences under tho section in printing, publishing, selling, aud publicly exhibiting. Fred. Jlowlcm had said that he had got some cards out of an' envelope, posted, no oho knew where. Wh.it was the meaning of the word "publish"? Tho offence alleged was publishing, not printing a card, nor preparing a card with the odds on it. Even if the letters "A.8.C." meant "Scott and Martindale," the defendant's could not be convicted unles? it was proved (hat they had published the card. Tho sending of a card to an individual was not "issuing to tho public." There was no evidence even that Scott and Martindule' knew of the posting. And even supposing that "A.li.C'did mean Scott and Martindale, the defendants wcro not charged with printing the card. His Worship reserved decision.