MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1533, 31 August 1912, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, P.M.) AGAIN—THAT RUSE. LETTERS SIGNED " HAYWOOD." BY A DETECTIVE. THE CASK OF V. C. STKI.LIN. At the Magistrate's Court yesterday Uno Carl Steilm'(bettcr Mown as "James Stellin") was charged under the Gamins Act with having (on July 13 and 22) published "double" cards pertaining to horse racing. Mr. T. M. Wilford appeared 011 behalf of Stellin. Sub-Inspector Sheahan conducted the case for the police. The Detective Posts His Letters. Detective Cassells gave evidence somewhat similar to that given by him in tho recent cases in which Arthur Law, W. Cowan, and David Ross were charged under the Gaming Act. Assuming the name of "Haywood," the detective had written to Stellin asking him to return by post "double" cards for the recent Trentham and Christchurch races. He (witness) had posted two letters—one on July 12, another on JulylG. Replies duly came to hand, these being addressed to "Haywood, Railway Hotel, Lower Hutt," and were received by him (tho detective) on July 13 and July 22 respectively. Besides the betting charts, one of these replies had contained a card marked "James Stellin." The charts themselves gave the prices, but were marked only with the sign "S." Following on the receipt of these messages ho made a bet with Stellin. He passed into Court the counter-slip of tho postal-order which he had dispatched to Stellin. In reply to Mr. Wilford as to .what proof he had (beyond his own opinion) that Stellin was a bookmaker on July 13 and July 22, Detective Cassells replied: "I do not know him to ,be anything else, and I do know him to be a bookmaker. I wrote to him 011 July 12 and 16, and received cards from him-in reply. Mr. Wilford: What proof have you that "S" stands for Stellin? Detective Cassells: I wrote to mm on two occasions, and received in reply cards marked "S," and also a. card with the name "James Stellin" on it. Tho detective further admitted that the "publication" came to him through his opening a sealed letter addressed to 4 ficticious person. Mr. Wilford, at this stag 9, asked his Worship to rule that evidence cannot be given 011 "common knowledge." His Worship assented. ,

P.O. Officer's Evidence. P. E. Beamish, General Post Office clcrk, gave evidence as to the postal order corresponding to tho slip held By Detective Csissells. It was to the account of James Stellin at tho National Bank of New Zealand. He further gave evidorice as to the receipt for the registered letter sent by" Cassells f« Stellin. Tin's was endorsed "James Stellin, July "It's So Like Cassells." Senior-Sergeant Eutledgo's evidence was objected to by Mr. Wilford, on the ground that it was only hearsay., When Ser-. geant Rutledge produced ono of Stellin s, cards, Mr. Wilford banteringly suggested that it was a "put up" job on the part, of Defective Cassells. This the Sergeant denied, and said that he had asked . Defective Casiells on that point,, and that ho (tho detective) had said that ho had not sent it. Mr. "Wilford (laughing): "Its so like Cassells." Line of Defence Adopted. In submitting his defence, Mr. "Wilforil said that ho first intended to deal with the evidence of Mr. Beamish regarding tho postal order and the registered-let-ter check. A money-order is/ transferable on delivery, and the fact that it happened to l)t> in Stellin's possession was 110 proof that lie had been the original recipient from Deteclive'. Cas=ells. further, tho polico had omitted to .proyo that the letter receipt had been signeil by Stellin. Mr. Beamish had admitted m the comse of his evidenco that lie did not know Sfellin's signature, and therefore ho could not really say whether tho endorsement was Stellin's signature or not. This portion of the evidence oupht therefore to be "wiped off tho slate." Mr. "Wilford nest submitted that there had not been any publication within the meaning of the Act. Section 30 of tho Act referred to betting cards, and therefore the card bearing the name "James Stellin" was not refcrrable to that section. That 'hotting card merely bore the si«n "S." "How can thero bo any publication to a man who dons not exist? urged Mr. Wilford, referring to Detective Cassells's method of using a bogus uauie* , His Worship intimated that ho ■ intended to reserve decision, and referred to a similar point re publication that had been raised in the case Rex v. Scott and Martiiulnle by Sir John Finrtlay. As there was an appeal pending on that decision, he did not propose fo decide■ tlio present case in question until *'® knew the decision of the Supreme Court. OTHER POLICE CASES. , Geor"e Kalcne was charged with removing the ears from fourteen sheep skins, lie pleaded not guilty, and was represented by Mr. A. M. Salek. A plea of ignorance of tho law regarding tho removal of ears from sheep skins was set up. Accused was filled 10s., with costs amounting to ±>s. A second information charing Ivateno .wii'h removing stock „ brands was (Us"ilem'y and Joseph Bradnock, father and son. came before tho Court on a charge of having stolen a liorse-cover valued at XI, the property of James Mlvehie, nephew of Bradnock, sen. Mr. T. • Wilford, who appeared for the accused, pointed out that the accused was a respected and old-time resident of Karon, and had served the Karori Borough Council for 21 years without having a b.ack mark against his character. _ After hearing tho evidence, his Worship dismissed the information. John Redmond 0 Donoghuo yas convicted and discharged for insobriety, and was remanded till on a charge of breaking his prohibition order. Herbert Brico was fined il, with ./?• court costs, for failing to allow an assistant a. weekly half-holiday. . _ Michael Kearney was fined 10s. for failing to have lights burning on ms motor-car.

JUVENILE COTJKT. At the Juvenile Court yesterday, a fourtoen-year-old boy pleaded ?uiltv stealing a bicrcle, valued at ■&>, belonging to the Colonial Carrying Company; a gun valued at belonging to A. larmer; and a graiuaphon© aud other articles of a total value of .£3 belonging to Kobert Holliday and Co. , ~ , It appeared from the evidence til accused had given the articles to . a " ot K®' bov, who had inciled the accused to the offence. The other bov. had since been ordered to an industrial school. Accused was ordered to come up lor sentence when called upon.