MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2390, 20 February 1915, Page 11

MAGISTRATE'S COURT

AN ALLEGED GAMING HOUSE INFORMATIONS DISMISSED The charges against the five men arrested on February 5 last as the result of a police raid on an alleged gaming house at No. 24 Abel Smith Street were heard before Mr. D. G. A.. Cooper, S.M., in the Magistrate's-Court yesterday. Frederick Burridge:' Mann was charged with being the occupier of premises at 24 Abel Smith Street, wnilo Alfred Benjamin Lucas, Robert Henderson, Sidney Palmer, and Michael Keane were each charged with being found in a common gaming house. Mr. T. M. Wilford appeared for the accused. The case of Maim was taken, first. • ■ Senior-Sergeant Dew said he knew defendant and had g'-fle to his place between. 11.30 and 12 on the night of February 5, in company with other police officers. AVitness knocked at the side door, when a man named Finnerty answored. Finnerty said,- "Who's there?" Witness replied, "It's all right, Fred, it's ins," Just' as he opened the

[door, Finnorty sang out, "Look out, | boys, policol" Witness mado a rush for tho lighted room, and saw acciisod sitting at the tablo in company with a number of othors. A man at tho table mado a grab at the monoy thereon and put it in his pocket. H6 left sixpence, which witness took. Witness then showed Mann tho warrant ho had to Bearcn tho place. Acoompaniod by Dotective Andrews he soarched tho house, and in Mann's bodroom he found eight packs of cards (produced), whilo there was also a pack of oards on tho tablo whero they were sitting Witness also found the dico (produced) in Mann's bedroom. On examining tho premises witness found that tho tablo at which the men wore discovered was.covered'with a blanket. A table in a room at tho back was similarly covered. Beforo entering the houso witness with the others waited in tho passage for a whilo, and Sergeant Murphy and Constable Wilson looked through the window into tho room. To Mr. Wilford: Witness found the dice in a drawer in Mann's room. The dice were not loaded, and were transparent. Witness did not know the dice were Navy dice, and that accused had just received his discharge from/ the Navy,, where he had served for a number :of years. There was no real table cover for tho, tables, so the blankets were really temporary table-coverß. All the money seized in the raid was the sixpenoe on the table and a half-crown in one of tho men's pockets. The dice and cards were found in different boxes.

Detective Andrews, who was present during the raid, gave similar evidence. He said that when' Mann was at Mount Cook Police Station he Baid: "I had a presentiment that - this was coming. I should have taken another empty house in another street." Accused had added, "There's nothing in the game. What I win one week 1 lose the nest. I hope the fine will not bo heavy, as I can pawn my watch and chain to pay for the fine, otherwise I'll have to serve it out."

_To Mr. Wilford: The cards and the dice were found in different boxes. There were a few lodger j in accused's house, but they did hot take'any'part in the affair.

Sergeant Trehey said he also took part in the raid, and gave evidence concerning it' Witness had previously received complaints about the place, and on the night of January 24 had looked through » blind in accused's house and saw four men seated round a table. One said, ■ "I'll go two bob"; then he saw the man at the head of' the■ table throw .some - coins' down. He heard' the - sounds of money being thrown on the table._ Then another man said, 1 !I'ye got two kingß." Another said, "I've a pair of aces." Witness also gave evidence of other similar cases he had discovered in the , same house. Coming to the actual raid, witness said he ■ had told Mann that Henderson had said he was not playing cards, but the others, were playing draw poker for sixpences. Mann had replied, ■ "You must .te dreaming-." To Mr. Wilford: Witness could not say from his previous observations whether any particular gambling game had been played. _. .' Constable Wilson gave etidence on the same lines about bis previous observations of Mann's house and of tf\e night •of the raid. On one occasion he had seen through the window of ao; cused's house sevan men seated round a table, and.-had seen cards dealt and money .exchanged. To Mr.-Wilford: On the night of the raid the men were playing poker. Sergeant Murphy also gave evidence as to the, raid. / . . .

In submitting that the information should be dismissed; Mr. Wilford quoted the Gaming Act, and a number of similar cases to the present one. Finally Mr. Wilford summed up as follows: —(1) That there was no proof that any unlawful :game was being played. (2) No proof as to the "xact game played. (3) There was no proof as to any unlawful game having been played in the house. (4) Nor proof as to any other than accused's friends being in lie bouse. On these points counsel submitted that aooused's: house could riot be characterised as a common gaming house. He would call" no tvidence, but would r<?ly purely on the legal, defence raised. ■ ( The Magistrate said he did not think there was' sufficient evidence' to show that there: had been "any unlawful game going on in accused's house. The charge would be dismissed. Mr.. Wiiford then asked that as the house was not a common gaming house the charges against the other men bo dismissed. - The Magistrate agreed' *o this.' j .

OTHER POLICE CASES. Henry Morgan Dwyer was, on the application of Chief-Detective' Boddam, remanded until Wednesday next on a serious charge in respect to a child or four years. Bail was allowed in £50. For committing a breach of his prohibition order, he waß fined 205., with costs 75., in default seven days' gaol. Ralph Diehl,. a young man, was convicted and fined 10s., with costs 225., on a charge, of assaulting David Dick at Rona Bay, and on a further charge of using indecent language he was fined £1, with costs 7s. James P. Neilsen was fined 10s., with costs 75., for -using threatening behaviour in the vicinity of Molesworth Street. 1 John Hayes was remanded to February 26 on a charge of being idle and disorderly in that no was found begging for alms; ■ For drunkenness, James M'Laughhn was sent to gaol for a month, while Evelyn Butler, Alfred Parker, and Thomas Watson were each fined 10s., in default 48 hours. Three first offenders were .dealt with..

Margaret Kennedy was ordered to pay the cost.of curative treatment, 17s. 6d., on a- charge of- helpless drunkenness, while she.agfeed to a prohibition order being taken out against her.

BY-LAW BREACHES. For using the ordinary water supply without a meter for hosing the garden, W. D< Robinson and WiUiam M'Goldrick were each fined 10s. with costs 7s. Bert Pettman was fined £1, with costs 75., for driving a motor-car at a dangerous' speed in Lambton Quay, and ss. with costs _ 7s. for furiously and-negligently driving a motor-car. in Cuba Street. ' Byron Brown was fined os., with costs 75., for driving a motor-car on the wrong side when turning the corner from Manners Street into Lower Cuba Street. Fines of 55., with costs 75., were imposed on the following for committing breaches of tho vehicular by-laws:— Jacob Meier, John Moncrieff, and Hans Scott. Charles Bailey was fined 55., with costs 255., on a charge of plying for hire with an express at the Thorndon station without a license.

John Daniel Carroll and Francis Law pleaded guilty by letter to the following Charge: "Being a person over ten yearß of age, did bathe within view of Clyde Quay, not being properly clad in a bathing garment reaching from the shoulder tn tho knee." Each was fined 55., with costs 7s. For Sunday trading, Neil Austin -was fined £1, with costs 75., in default three days' gaol; For failing to send their children to school regularly, tho following were each fined 65., with costs 7s.John J. Haddock, Ernest Oxonham, and Joseph Taylor. A number of cases were adjourned so as to give the parents an opportunity of sending' their children to school more regularly.

In the S.M. Court at Masterton yesterday, says a Press Association, telegram, Oscar Nicholls was fined 20s. and costs for bringing _ liquor into a, NoLicense district without supplying his residential address. Patrick .Lee was arraigned before the Magistrate on two charges, of theft. As other charges'are pending, H&wac remanded until Febru- ■