MAGISTRATE'S COURT

Dominion, Volume 10, Issue 3090, 22 May 1917, Page 9

MAGISTRATE'S COURT

POUCK CASKS

A GAME OF CHANCU

FINE FOR COIN-TOSSIN(i

Mr. L. G. Beid, S.Af., presided pv<;r yesterdny's sitting of tlm M«kihli'hl.«» Court. The niljonrncd enso, in which (iooi'i:« Kemplon nnd Jlnnry Sooones. worn r.lmi'Kcd with plnyiiiß "two-up" iyn» rcHiimiMl. Whou tho ciisii H-ns previously hoforo tlio Court, ovidoncn ivus K ii : (, " t,ml j 1 " poliuomaii «iw licensed pliiyiiiK °" " l 0 Mgahnurnnga rniliviiy stiili<m, mid wns certain Hint tlm «mno wiih "l.wo-up. Silver pii.isod between' tho two moil. Mi'A. 11. .HinduniTHli, for tho ilefonoo, rant that accused wero only tossiiiK a colli Id decido which should p«y a Imy« Iran) fare. Counsel secured an ndjoiirnmonl; to onablo him to call Uio boy in i|uc«tion.

Yesterday, is'oil T'rosser I?rnapr Rftyo evidence that, ho asked accused to |iny his tram faro from Lambton Htnlion. Uiey tessed fifteen limes to decido iylin:h should pay. Eobort Garrett, another lad, m/iio '"Jin ho saw accused tossing toins. Ho wns certaia Hint no silver , >vns produced. Cross-cctninined by Inspector Sfiirsiick, witness said ho could not say who! her ho saw- Constnble Trioklobnnlc (who laid tho information). Witness Jalor ndnuttcd that ho said to tho constable:--"!. think thoso fellows over there aio playing •tn-o-up.'" Do Ratliered afterwards that aocus-w! wero tossing merely to sottlo who should pay J'rnecr'R fnro. His Worship said thoro wns no doubt, that accused wero playing "two-up, , a game- of chi)nce. The. evidence for tho prosecution was that they woro playing for money; for tho defence, that they were simply deciding (ho payment of a tram fare. Even if tho story told by defendants was true, tho ganio was still a gamo of chanco. Mr. Hindmarsh: Technically, nerhaps. But tho police have tried to make a serious caso of it, and have represented that silver.passed. The ovidenco shows that silvor did not pass. Wo practically • plend guilty to tossing up ns to who should pay a tram fart. I'eople do theso things all ovor New Zoaland. It is not a serious matter, but (ho police try to make it out to bo so. Four men say silver did not pass, and tho policeman, who stood eighty t'eot away, says it did. His AVorship: Ton own witness said they wero playing "two-up." Mr. ilindinarsh: Tho main point is whether these men are to be holioved when they say that eilver did not pass. I submit that it is a most venial offence. '...I

His Worship: I 'don't think it is a caso for a heavy ponalty. Mr. Hindmarsh: I am going to ask you to dismiss it. This ia a. matter of public importance. The othor day a man assaulted a tram conductor,, and was only fined £1. If I wero assaulted or you wero assaulted in such , a manner, what would bo your feelings? His Worship: It would depend upon how hard I was hit. Mr. Hindinarsh: Here is a case where Gome working mon toss up to put in time, and it is treated as a serious cffence. I say that, as compared with an assanlt on a tram conductor, it is a very slight offence. . ■' ■ ' His Worship: You are not hero to compare the different penalties imposed by this Court. You must confine yourself to this caee. ■

Mr.- Hintliuarsli: Here aro two _ men just putting in the time at a railwny station, and the thing is magnified into a sort of State trial. Oho like to sn.v that the policeman, deliberately told an untruth,, but hi} made a wrong inference, so desirous was lie of supporting' the case. Nothing brings justice into more contempt, particularly in tlio people's Court, than a. Magistrate's not taking a fair view of a ense. I say that as a man who Jias taken some part in public affairs, and is interested in New Zealand. „ . , His Worship: I can't allow that! .Every, case must bo judged on its own merits. . Jtr. Hindmarsh: I want Tour Worship to deal with this'ease on its merits. His Worship; It will bo so dealt with. There is 310 use in talking in such , a waj., as yon have- done about the magnitudo of the case/and employing such expressions as "a State' trial." Accused will bo fined 103. each, in default three days' imprisonment.

OTHER CHAJtGES.'' . Hugh M'Lennon and Robert Watson, who had been found illegally on licensed premises on a Sunday, were each fined 10s. Minnio Nelson was sentenced to a month's imprisonment for loitering in Pipitea Street for an immoraF purpose. She was also convicted of committing an indecent act, but no additional penalty was imposed. Isidore Jacobus and Jnmes M'Grath were each lined 20s. for insobriety. Tho alternative in each case was fixed at a week's imprisonment. Henry Tohn Sayers was fined 2fls. for using obscene language, rt'nd '10s. for assaulting a, policeman. ' Walter Ma : tias Jaekobson was fined 40s. for obstructing the same policeman.' In the maintenance case of Nina Tβ Puni v. Thomaß Henry To Pnni, an order was made for the payment of £7 on account, of arrears, and for v security for .£2OO to be lodged with tho Public Trustee within three days. The penalty for default was fixed at a month's imprisonment. •■.. ■ ■ :

CIVIL ACTION. Bnke'r Bros., land agents, claimed from Dr. FlemiDg, iiow of Kumara, tho sura of £5 for rent due on a house. His Worship gave judgment for plaintiff. Mr. T. W. Hislop apptnreil for plnintifT, <vud l\v. Scott for defendant.