RESIDENT MAGISTRATE'S COURT, CLYDE.

Dunstan Times, Issue 899, 11 July 1879, Page 3

RESIDENT MAGISTRATE'S COURT, CLYDE.

Thursday, July 10th. (Before Major Keddell, -R.M. and Warden.) Arthur William Campbell spas charged with a breach, of the 23rd section of the Town and Country Police Ordinance, by being beneficially interested in a Tottery or scheme for the disposal o/ goods.. Mr Blood appeared for defendant, and Mr Inspector O’Donnell conducted the case for the prosecution. Sergeant Bullen deposed that - on. the evening of tbe 3rd inst. I visited the Town Hall, Clyde, and sawdefendant standing on a raised platform, on which was also a lot of drapery. Defendant admitted he was proprietor of the property, and said that he disposed of envelopes and gave away whatever article was marked on a bard enclosed. A man named Bennetts was also there, but he said he bad nothing to do with it. took from a box a number of envelopes, and said to me,' “ you can take whichever you please, T guarantee'them all prizes. I took two ticket,? and gave One shilling each for them. In one was a ticket for a book; in the other, a lady’s under-gar-ment. On handing the tickets to the defendant he handed me the articles. The book I value at one and a half pennies ; the. other article at three or four shillings. Defendant during the' time was calling out in a loud voice “ All prizes and no blanks. I have just given away a five-guinea suit, and there are other prizes equally as valuable.” I was in the room about half-au-bour, and during the time I saw a, great many prizes drawn. There was no charge for admission, nor was there any other business being carried on.. Cross-examined by Mr Blood. Defendant gave his name readily. I saw no blank drawn. I did not warn defendant against procedings being taken. Other witnesses were examined who gave corroborative evidence. Mr Blood contended for the defence that taking the literal and tbe dictionary definition of the word “ lottery ” there was no case to answer, the main element iu a lottery—chance—being absent, and that the prosecution had only proved a cheap sale. The Bench said the word “lottery;” was of little moment, the otherword “ scheme” which was included in the Clause of the Or-, dinance covered the offence complained of. As there was another charae against the defendant, he would defer judgment till its conclusion. The same defendant was charged with a similar offence at Alexandra on the evening of the sth instant. The evidence of Constable M‘Leo.l in this case was similar to that given in . the previous one, with the exception that he warned the defendant of.the consequences of his proceeding in the face.of.a pr- yious conviction a Queenstown, and that the defendant diil proceed. Mr Bennetts, in answer to a question as to whether he had any connects .it with the business, said,. that be was a man of means, and was merely travelling with defendant for the benefit of his health. The Bench said that as,the case, stood, it was evident that defendant was acting in direct variancewith the law, and in defiance of the warnings of the police ; he, however, in giving judgment would take into consideration tbe defence rrised. by .Counsel. Judgment in the first case 40s, ami 9s Cd costs ;in the second case L 5 and 3is costs. WARD.-N’S COURT. David M *Ferran. —Application for a water race. Granted. C. T. Marie, --Application for a Mineral Lease. J. Holt. Application for a Mineral Lease. Tile Warden said the plan'‘produced by the Surveyor was not sufficiently distinct as to which was the. land applied for. He would ask both parties to agree to an adjourment for a week to enable him in the meantime to obtain a fresh plan.