ALLEGED LARCENY

Greymouth Evening Star, 17 September 1928, Page 4

ALLEGED LARCENY

AT GAMBLING SCHOOL. BATHURST, September 5. A case arising out of an incident that took place in the gambling school at Lithgow on July 6 was heard before Judge Sheridan at Bathurst Quarter Sessions. Joseph Anthony, a dealer, of Lithgow, was charged with larceny of £46, the property of Joseph Coon, a bootmaker, of the same town. .The Crown case was that on the night of the date in question accused and Coon and several others were playing a game of dice in a room. Coon had in his hand £46, which he placed on the table while he lighted a cigarette. Accused grabbed the money and ran from the building. When Coon later made a demand for the money accused handed over £26, saying that that was all he had. Subsequently he promised to make good the remainder if Coon would drop the prosecution. Coon refused. Anthony, in defence, declared that the dice were loaded; therefore he had not been given a fair deal. He was entitled to the money he took, less the £26 he handed back to Coon.

Mr. E. R. Abigitil, of Sydney, who appeared for Anthony, contended that defendant had a reasonable claim to what he honestly believed to be his property. Judge Sheridan said the jury could fairly consider whether the man who took the money with a reasonable Claim of right could be found guilty of stealing. If a man at a gaming table really believed he had been robbed, and.saw a sum of money to which he honestly believed ho was entitled, it was a. question whether lie was guilty of a crime in taking it. However, that was a matter for the jury to determine in considering the whole of the circumstances. The jury, after a short retirement, returned a Verdict of not guilty.