GAMING CHARGES

Evening Post, Volume CXXV, Issue 145, 22 June 1938, Page 19

GAMING CHARGES

AN AUCKLAND CASE

ONE DEFENDANT GAOLED

(Hy Telegraph—Fress Association.)

AUCKLAND 1 , June 21,

Se\%« men appeared in the Magistrates' Court on charges connected with l*eaches of the Gaming Act as a seqwtf to two raids made by detectives «t Fuller's Buildings, Queen Stree\ Kcently. Mr. C. R. Orr-Walker, S.M., iMB on the Bench.

Tho dlarges were as follows:—-Clar-ence HUBsell, aged 51, that on May 28, the owner of premises on the s wood floor of Fuller's Buildings, he did knowingly permit them to be used as a common gaming-house; Walter Victor Roy Smith, that, being the occupier, he used the premises as a common gaming-house on May 28 and June 9; Walter Charles Absolum, aged 34, and Albert James Thomas, aged 48, that, on May 28, they assisted in the management of a common gaminghouse; George Charles Adams, aged 32, and James Joyce, aged 44, that on June 9 they assisted in the management of a common gaming-house; David Henry Simon, aged 50, that on June 4 he assisted in a similar capacity. All the defendants pleaded not guilty. Mr. Singer appeared for Russell, Mr. Terry for Smith, Absolum, and Thomas, and Mr. Bryce Hart for Adams, Joyce, and Simon. Evidence was given by George Blackett, land agent, that Smith had approached him in March to apply for ■ a lease of two vacant floors in Ful- ', ler's Buildings, stating he required the : premises for miniature golf and other i amusements. He stated that Russell | would guarantee the lease. [ Cross-examined by Mr. Singer, wit- \ ness stated that it was specifically pro- • vided that Russell was entitled to sub- ■ let portion of the premises. Kenneth Robertson, assistant manager of a city firm, stated that Rus--1 sell had paid rent of £12 a week, the ; last payment being from May 31 to ) June 30. 1 James Tracy, physical culture and 5 boxing instructor, said he was proprie- ; tor of the National Sporting Club on : the first floor of the premises. He said , Russell had stated that he would back 3 witness if suitable premises could be f found. Witness decided to lease the e first floor and let someone else take } the second floor. Witness worked on r : a partnership agreement with Rusi sell whereby witness received twos thirds of the profit and Russell rer ceived the remainder ' and paid the e rent. Witness paid over £8 to Russ sell in a recent week as his share.

COMPLAINTS ABOUT GAMING. Numerous visits to the premises were described by Detective-Sergeant Aplin, who said he had kept the building under observation as a result of complaints about gaming. Accompanied by another detective, he gained entrance through a trap-door in the roof and watched games of two-up through

holes in the ceiling. The premises were raided on May 28, when about 50 persons,*wsre found there, including Russell';; Absolum, and Thomas. Detective Murch stated that Russell had told him he had visited the premises to see Tracy. "The Court has not one scrap of evidence that this offence has been proved by the police," contended Mr. Singer. "Russell could hot possibly have had any control over premises which were sublet, his only interest being in connection with Tracy. I contend the police have failed to show that the premises were used as a common gam-ing-house with the knowledge of Russell. The defendant has since given notice to the occupier to quit." "Looking at Russell's list, I find that he has been carrying on gaming on a large scale for over 25 years, said the Magistrate. "He has been fined £100 five times, and, in convicting him, I will have to take into consideration that these have not acted as a deterrent. Russell was sentenced to two months' imprisonment with hard labour. . . x„ Mr. Singer notified his intention to appeal against the decision. In pleading for Smith, Mr. Terry contended the police had failed completely in proving the essential point that the defendant used the premises as a common gaming-house. The Magistrate reserved his decision in the two charges against Smith. The chargte against Thomas was dismissed. Absolum was fined £10 and costs. ■ In additional evidence regarding Adams and Joyce. Detective-Sergeant Aplin described a second raid on the premises on June 9, when the doors and windows were barricaded and the police had to force entry. "Adams and Joyce were unfortunate in being in the croupier's seat when they were observed through .the detective's spy hole," said.Mr. Hart. "They are apparently merely catspaws in the game and they have no interest in this gambling outfit." Stating that he would give him the benefit of the doubt, the Magistrate dismissed the charge against Joyce. Adams was fined £10 and costs. The charge against Simon also was dismissed.