WHITTA’S APPEAL

Evening Star, Issue 17636, 15 April 1921, Page 7

WHITTA’S APPEAL

CHARGES UNDER GAMING ACT. Tho Court of Appeal was engaged yesterday afternoon m hearing the case of the King v. William Vivian Whitta. The case was stated for tho opinion of the Court of Appeal by Mr Justice Herdman. The accused was arraigned at the February sittings of tho Supremo Court m Christchurch on four counts charging him under the Gaming Amendment Act, 1920, with carrying on business ae a bookmaker. At the trial counsel for the accused objected to the admission of certain evidence —viz., (1) evidence tending to prove that in carrying on the business of a bookmaker tho accused’s activities extended to Australia; (2) evidence tending to prove that the son of the accused carried on the business of a bookmaker for and on behalf of the accused; (5) evidence which tended to prove that tho accused carried on business of a bookmaker prior to the date of tho coming into operation of the Gaming Amendment Act, 1920. At the trial Mr Justice Herdman admitted the evidence, but stated a case for the opinion of the Court of Appeal as to whether such evidence was properly admitted. Mr W. 0. .MacGregor, K.C., SolicitorGencral, appeared for the Crown, and Mr M. J. Greeson. and with him Mr C. E. Thomas, for the accused Whitta. _ Mr Gresson, in the course of his argument, maintained that tho mere fact that Whitta carried on a business that was perfectly legal \vhen so "earned on was no proof that he would continue to carry on the same business when it became illegalTho Solicitor-General contended (1) that the evidence was admissible to show that the acts complained of were done in tho carrying on of an established business; (2) to prove tho status of the accused as a bookmaker. _ , . The court reserved its decision.