ACTION AGAINST A NEWSPAPER

Evening Post, Volume LXXIX, Issue 78, 4 April 1910, Page 7

ACTION AGAINST A NEWSPAPER

CHARGES OF ESTABLISHING A LOTTERY. Several prosecutions arising out of allegations of breaches of The Gaming Act were brought in the Magistrate's Court to-day, before Mr. W. R. Haselden, S.M., against tho New Zealand Times Company. Ltd., and Pierce Charles Freeth. Mr. Myers, who appeared for the Crown, intimated that by arrangement with Mr. Dalziell, it had been agreed to only proceed in the cases where both defendants were charged with establishing a lottery on the Ist September, 1909. Mr. Dtilziell, who appeared for4he defence, explained that the original scheme was that subscribers to The Times were to cut out certain advertisements which were placed in a ballot box and the winner was awarded a prize for selection of a; advertisement corresponding with one pieviously chosen by an independent person. The question arose whether such a schema was a breach of the Gaming and Lotteries Act, and The Times management determined to take some course to put the proceedings outside the provision of the Act, though at the same time it was desired to keep faith with the public. An application was made for a declaratory judgment to the Supreme Court. Mr. Justice Cooper had declined jurisdiction. The question was an extremely difficult one, and after a conference with the Crown Solicitor, it was decided to plead guilty to two offences. He would ask the Bench to inflict a nominal fine, as the defendant company had agreed to pay the expenses of the Crown in the Supreme and Police Court proceedings. It was improbable, in fact impossible, for anybody to embark on any such scheme again. Mr. Myers agreed that there had been a nice legal point involved ; though at all events there must have been a conviction. He suggested a nominal penalty of 40s. Mr. 'Freeth was fined 40s, and costs. The New Zealand Times Company was fined Is, and costs.