GAMING CHARGES

Evening Post, Volume XCIII, Issue 137, 9 June 1917, Page 7

GAMING CHARGES

ALLEGED TRANSACTIONS IN CORNHILL-STREET

Considerable time was taken up in thai Magistrate's Court after The Post wentj to press yesterday with the hearing ofl the cases against a number of persons' charged with, offences' under-the Gaming Act. Mr. L. G. Reid, S.M., was on the Bench; and Chief-Detective Boddam conducted the prosecution.

Arising out of the raid on Gilbert; 1' Henry Price's premises in La-mbtan-quay/, on Monday last the following . wsi-e; called upon.to answer charges of being' found without. lawful excuse in a common gaming house :—Dennis Foley, William Thomas Charles Wortley, Holland' William Andrews, George Arthur Peacock, and Thomas Harding. In another case, in -.which: Mr.- Myers .appeared . for the defence, the defendant; stated that he had gone into the,shop to obtain his razor. This was borne out in evidence^ by Price, and;the case was dismissed. Wortley, for whom,.Mr. P. W .Jackson appeared, stated that he was a tramway motonnan and a returned soldier. ■ On the day of the raid Tia'weiit into thai shop to have a shave, as it was-his cus--tom to do. .The Magistrate decided, however, that the I charge had been proved. The five defendants mentioned" were each-fined 205,-with costs. , A DEFENDED ACTION--Though the' Court did not 'rise until j 5 o'clock,, the cases against Albert Vance Steward and George Dyhrberg were unfinished. Steward, . who conducts a second-hand business in Comhill-street, was charged" with'keeping a. common' gaming house, while' Dyhrberg was charged with assisting" in the conduct" of. the place, and also betting in a public place. On the latter charge Dyhrberg pleaded guilty. •";;. -• . '- Both defendants, who" pleaded not' guilty.' to the.'major charge, iyere defended, by Mr. M-' Myert... ? .'. .-, , •'■, „ Detective-SeTgeanV'Cox;' .who/led 1 the-; raiding.party, gave evidencs to the effect that quantities,of racing cai"ds and.other betting • material" 'were found' on" the premises. ■. .There were also games „oi chance- in -thefdffice.l;" ',-'' "•.,."• -'.'.,.'■ .'., ...'.-,- .'* Constables Stewart and'Fawcett gave) evidence as to certain betting transactions' ■with the defendants./ With regard to these ."the. witnesses were closely crossexamined, by Mr:'Myers: 1 ; , I"1.." ,".■'■"." : At this stage tie case was adjourned!; till this morning. ._ a- : ■■--.... : CASE FOR THE DEFENCE. 'When the case was -resumed to-day, Mr.: Myers, submitted that upon the evidence adduced,.;which maidly concerned!: alleged betting transactions between-the: two 'constables and'the defendants, the "informations must" be;'dismissed. 'Inorder, to ..succeed,: the prosecutibri.. must-show .that .the-.place 'was, on the: date of the:'alleged " offence—sthi ; June-^ept::as .a; common /gaming house.' \ Thare was no :■ evidence to" show that.. ■ The most-.that" could be said was that the circumstances. 'indicated' suspicion/; -Counsel pointed out thai none:. of the paraphernalia which!', is usually, founds in .a.bopkmalcer's.estabrj lishment -was found "-on j Steward's 'premises. There were no/books^;no race-., ■cards-Hexcepting; the.- ordinary book', makers' cards—and' no correspondence; nothing- whatever. ■ - There -were certain ■ papers which, referred to betting, but nothing referring to racing on that particular .day. ':.'. There must be. some tangible,, evidence that other, people" resorted to Steward's premises. : As.faras Dyhrberg wasixracemed, before he could be convicted if must "be -found that Steward's; premises "were a.common gam-, ing house. . ...../ : In, evidence^ Dyhrberg, . that he had done a considerable amount"of dealing on behalf,of,^Steward, ■ who.' was a •waste-product merchant^ For _ this -he received a commission7^"He"admitted acting as a bookmalferj;-. but ' denied that Steward took any part in the business. He", did"; not know/whether, or iot Steward knew that he was carrying on the -illicit business../■■ ■ ■■'.■■ :- .Steward also ...gave .evidence that he had not taken part in any betting transactions. He had a, good • business and" did not wish to prejudice it.' ' ' ■"•; ;/,' IMPOSED." , ':■ 'When the evidence had been com', pleted, the Magistrate said he was satisfied that- the prosecution had proved the -charges against the .two .defendants. In the case ,of Steward: the fine was fixed at £25, with the alternatiye of-; one. month's . imprisonment. On' the charge; of betting in a '.public place, to which he had pleaded guilty, Dyhrberg was fined; £25, while for assisting in the conduct of a common gaming house !,he.".was penal-, in the sum of £101 ," The, alternative va\ each case was fixed at one month's im-^ piisonment,, ■','■•.' '.;