SUPREME COURT-IN BANCO.

Evening Star, Issue 11673, 4 February 1902, Page 3

SUPREME COURT-IN BANCO.

Monday, February 3.

In the appeal of Peter Grant against the magistrate’s conviction for betting at totalisator odds Mr Pun and Mr Hanlon supported tiie appeal, and Mr Fraser appeared for the police.

Mr Sim .submitted that there was no evidence of any bet at all being made as alleged with P. J. Greaney, and, if there was any evidence of the bet there was certainly nothing to show Urn,. it was at totalisalor odds. A bet was like any other contract — that wag to say, in order to prove a bet tile re must be proved an offer and an <.cceptance—the communication of the proposer and the acceptance. In the present case There was a letter from Greaney which was found in (he possession of Grant, or at any rate on his premises. It, was not addressed to anyone in particular, and it was not clear that, tins was an offer made to Barnett and Grant at all. Assuming that it was, there was no evidence to show that the offer was accepted, and no evidence that, the acceptance was communicated io Greaney. Both were clearly necessary to make a contract or bet. The entry in he books was merely a private entry, which bound nobody. Supposing Greaney were suing on this contract, counsel submitted that on the evidence be would have to hr nonsuited. If Greaney had sent money, and it had been kept, that might have been evidence of acceptance; but even then tie submitted it would not have been sufficient. Further, if there was any evidence of a contract there was certainly no evidence that it was in terms of a contract to bee within the meaning of the Act of 1894. Mr Fraser said that in moving for prohibition bis learned friend had taken, the tesponsibility of the result. He (Mr Fraser) bad merely to address; himself to the point as to whether there was any evidence at ;dl. He had not to convince the Court that Hie case was one in winch the accused should not have been convicted : neither had he to natisfy His Honor a> to the merits of !.ie magistrate's decision. Alj, lie had to prove was that there was some evidence, however slight, which might nave justified the magistrate drawing the conclusions lie did. His learned friend said there was no evidence of any bet at all. He (Mr Fraser) contended that the case could not lie separated from its surroundings. As the affidavits shown!, he had called attention to the fact that accused was carrying on an extensive betting 1 usincss,, and had to employ several clerks simply to record the bets. Tills was the first tune that the nooks had been seized in a tote-betting case. They were system ideally kept, and showed all the wagers made, the winnings being carried out to the proper column. It was perfectly true that the horse Pampero referred to paid a higher Tividend than the amount credited in the hook. bur. as explained in (hr affidavits, £2 TOs was (be innit of liability. The wagers referred io in Greaney’s letter were at tote odds. Accused admitted that they were at tote odds, bur said it was a coincidence. Greaney s attitude was evidence lor the magistrate. He swore he would decline to give evidence on the ground that le would incriminate himself. He, could only incriminate himself if (be bet was laid at tote odds. At the seizure of (be books they came to the next slage of the proceedings. Grant was present while lis clerks were entering wagers. So far as the Gourb was concerned, these hooks were Grant's books. Kis learned friend bad put it that if there was no letter accepling these offers Greaney must he nonsuited if be sued Grant to recover the wager. Well, surply Grant would be estopped by bis own books. There was the order on record in the books. Neither was it necessary, he apprehended, to scan the dealings of these parties with such extreme nicety. The magistrate could surely draw some reasonable inferences, if these cases were only to be proved with such extreme nicely, the only way to get a conviction w'ould be to put defendant in the box and get him to make a clean breast of all the circumstances. As tbs -.whole of Greanev’s orders were executed under (lie one instruction, be submitted they were r-d evidence against Grant. His Honor reserved judgment.