A RE-TRIAL

Evening Post, Volume CI, Issue 48, 25 February 1921, Page 8

A RE-TRIAL

ON BOOKMAKING CHARGE

JAMES PATTERSON AGAIN BEFORE THE COURT.

The re-trial took place to-day of James Patterson on a charge of carrying on the business or occupation of a .bookmaker.

The proceedings constitute the second trial of Patterson, in whose case, as in the cases against Matthew Livingstone and Jack Martindale earlier in the sessions, the jury disagreed. On a retrial both Livingstone and Martindale were acquitted. /,

The following jury was empanelled :— William Lewis Morgan (foreman), Joseph Douglas May, " William Hugh Dick, Charles Victor Geale, Charles Harman, Francis- Groves, Herbert Thomas Avery, Hugh Slade, Gregory Patrick Doyle, Henry Frank Darkms, Solomon Morris,, Shelak Russell.

Evidence was given by Con-stables M'Cullough, Murphy, and other witnesses on the lines of the evidence at .the first hearing. ' - '

, While Mr. O'Leary was addressing the jury, his -Honour intervened with a ruling'that it was for the accused to furnish evidence to the contrary of the evidence given by the witnesses M'Cullough and Murphy as to bete made.

His Honour, in summing up, referred to legislation such as the Customs Regulations Act, which placed on the accused the onus of proving himself innocent after evidence had been given. Did accused make any bet with M'Oullough? Did. he. make a bet with Murphy ? .If there was no evidence to the contrary, tyen, they must find that' the accused was a bookmaker.- As twelve honest men they must find according to the evidence. They ' would forswear themselves as honest citizens if they did not find according to their oath. The jury retired at 11.35 a.m.