THE "TWO-UP" APPEAL.

Evening Star, Issue 12694, 21 June 1907, Page 6

THE "TWO-UP" APPEAL.

CONVICTION QUASHED. In. giving judgment yesterday in tbo appeal of Henry Augustus Scott against his conviction of betting in tbo game of " twonp " His Honor Mr Justice Williams said : I think I ought to look at this case, and at all things of a similar character, in the samo way that, it might bo expected a jury ■would look at it—tnat is to say, that if on tbo wholo evidence there is any reasonable doubt, tho benefit of that doubt should be given, to the accused. The caeo comes before mo now with some different considerations applicable to it than it came before the magistrate. In tho first place there -are four witnesses now called for the defence who were not called in tho court below. Then there is this consideration, and it weighs with mo very much: that, as was said on behalf of the accused, he could have settled the matter on paying £lO and £1 Is costs in the court below. Tho effect of his appealing is that whether the conviction is quashed or whether it is sustained, ho is put to the expenditure of a very much larger sum of money than this £iQ. If a person, without_any special reason for domg so, chooses to expend this money, that seams to show that his appeal is a genuine one. The question really is whether there is a possibility of mistaken identity on tbo part of tho two or whether the whole of the witnesses for the defence have combined to commit perjury. There are cases, unfortunately, licensing cases particularly, where one expects Hhat witnesses will come forward and bo. In the present case there is not that inducement on the part of tho witnesses to swear what is untrue. I bolievo that there, really was on the part of somo of them at any rats a genuine retnctanoo to come and giv© evidence. There aro very good reasons why they should bo reluctant. Some of the witnesses, at any rate, are persons against whoso character nothing can be saidexcept that they play " two-up." It may be that because a person has been addicted to what are called "the lighter vices" ho will tell lies, but it docs not follow, as a matter of oouise, that because he is addicted to them be will do so. As I said, the matter comes before mo in a different light and different position than what it was when it came before tho magistrate. I think that at any rate there is a reasonable doubt whether the defendant on this occasion did take part in the game. For these reasons tho conviction will bo quashed. No costs.