SUPREME COURT

Evening Post, Volume XCVI, Issue 22, 25 July 1918, Page 8

SUPREME COURT

BETTING APPEAL CASE

This morning, in the Supreme Court, his Honour Mr. Justice Chapman heard: a general appoal by Albert Vance Steward, second-hand dealer, Cornhillstreet, against his conviction and fine by -Mr. L. G. Reid, S.M., on 9th June, for having kept a common gaming house. The appeal-was on the ground that the conviction was against the weight of evidence, and was erroneous in law and fact.

' There was another case in connection with the same set of circumstances; an appeal by one George Dyhrberg against his conviction for assisting in the management of the house. ' The case against Steward was taken first. Mr. M. Myers appeared for the appellant; and the respondent, nominally Detective-Sergeant Cox, was represented by Mr. P , S.K. Macnssey. ■. In opening, Mr. Macassey said the original information was laid under section 4, sub-section 1, of the Gaining Act, 1908,. in which the words "gaming house 1' wen* ' defined as including a "betting" house. Counsel went on to detail how Constables Stewart and Fawcetfc were in a billiard-room in Mannersstreeti Dyhrberg was there, and produced a "double" betting card. Constable Stewart, took a double, Prince Delaware and Lady General, the price being £20 to 4s. Dyhrberg gave him written acknowledgment of the bet, and also handed him a card—the business card of A. V. Steward and Co., Corn-hill-street, saying: "If you want to make any more bets you will find me there." Constable^ Fawcett also took a double, backing Multicipal and Sweet Tipperary, at the odds of £20 to 2s 6d. To him alsi. Dyhrberg gave an acknowledgment of the bet and one of Steward's cards. Later in, the day the constables visited Steward's premises in Cornhill-gtreet. There they saw' Steward and Dyhrberg. They backed' Brown Study far 2s 6d at Otakijthe coin was han4jd to Dyhrberg, who passed it on to Steward. Again, betting, cards were given to the constables, Steward handing them to Dyhrberg. At later intervals in the day the constables, separately, returned to Steward's place. Constable Fawcp.tt, sau Steward alone and backed Sea Lord and Birkenetta for 2s 6d each. Constable Stewart desired to back Sea Lord and Rio, but Steward had evidently become suspicious, and told them it was too late to take any more bets that day. Sometime afterwards, detectives raided the premises. Steward had £20 odd in his possession,' and 1 the detectives also found race cards, betting charts, and other betting paraphernalia, including .the games of chance known as "Crown and Anchor" and "Barber's Polo."

Counsel then proceeded to call evidence on the lines of his opening statement, the same as that called in the Lower Court. A MOTOR COLLISION. , Sitting.in the Supreme Court to-day, IIR Justice Hosking heard the case of the Wellington Publishing Company, Ltd.. v. C. F. Vallance. This was an appeal from the decision of the magistrate at Featherston, and arose out of a collision between the company's motor van for the delivery of the newspapers and a motor car driven by Vallance. A claim for damages and a counter-claim followed, and in each case judgment was given in favour of Vallance. Against this | decision the company appealed, and legal argument is being taken to-day. ' Mr. T..Neavo appeared for the appellant company, and Mr. A. W., Blair for j the respondent.

(Proceeding.)

BALLOT CORRECTIONS

Reservist Kyle, drawn in the Class C ballot gazetted yesterday is H. Kyle, a member of the Harbour Board staff, Bellevue-road, Lower Hutt. Francis Kennedy Gasquoine, of 95a, Tinakori-road, Wellington, whose name appeared in the Gazette, had previously attested as a member of the Expeditionary Force. " ■ •