CHARGE DISMISSED

Gisborne Herald, Volume LXX, Issue 21093, 13 May 1943, Page 4

CHARGE DISMISSED

TWO-UP PLAYERS

NOT IN PUBLIC VIEW TWELVE MEN APPEAR Twelve men appeared before Mr. E. L. Walton. 5.M.,, in tlife Gisborne Magistrate's Court yesterday charged with .playing two-up within view of a public place, namely Kaiti Beach road,, but the charges were dismissed without prejudice to future ..action, His Worship , stated, that Hie evidence was riot definite enough that the game was played within view of a public place; blit the .police were given tips opportunity of bringing furiher action it they thought fit. •The defendants were: William Harold Bissendon. Bertie Lowe. Daniel O'RoUrke, Albert Victor Singe, Guiseppe CinCotta, william Card. Leslie Crihb, Peter , Ngairi,. Mervyn Thofstenson. Patrick Colbert, William Cleaver, and Janies Duncari.

. D.etective-SCrgeant R. H. Waterson said that the men had been found near where the. Kaiti Beach road runs round past the mbhtijherit. On the day of the raid, Simdsiy, April .18. several police ivere placed., round Hie hillside, a few hours before the game \yas due to start, the raid taking place about 3 p.rii.

Photographs of the locality were produced in evidence,by .Constable,J, C. StowaVt, while Constable Neale stated, that from a point. On,-the hill he saw pennies being tossed at,2.30 p.m, in , what appeared to be trial spins, while at 2.45 p.m. tbSsing appeared to commence in earnest. , He recognised .some of the players.,Card | was sitting on an upturned bucket with a sack over, it, and before and after {each .spin, Card’s hand went opt to .others round the ring as if something was being, passed. Duncan picked up the ..pennies, apparently acting as ring keeper. One Man’s Complaint «■ . Mo£t raii. away when. the . police appeared, and Constanble Neale said he found , three, overcoats, a canvas bag containing nine pennies, a piece of wood known as the kip and apiece of sandpaper, which the. witness thought wifs used for shining the pennies. Pennies for two-up were kept polished. ... Constable A. Webb said that Leslie Cribb had £8 5s 2d in his possession when accosted coming from the. ring, while Constable M. Teese said that Peter Ngaira complained that the police came too soon, as he was winning £l sk. , . Evidence was also given by Constables R. D. Jones, R. Moore, A. Puttiplc and R. Julian and by Detec- ■ tive-Scrgeant Waterson, the detectiver. sergeant saying that the distance from the road to the fence, was 166 ft. and from the fence to the ring 43ft, the ring being 25ft. in diameter. •

Mr. Wauchb'p .submitted that there was no evidence to support the charge of playing withiii view of the road.

His Worship said .that no t doubt some of the defendants were, playing in view of; the constablqs who were watching, but the evidence was. , not definite enough ~that they could be seen from a public place.

Detective-Sergeant Waterson. raised a point that the road extended to the fence, which was well brick, rind His Worship agreed to dismiss the charges without, prejudice,.in case the police would wish to take further action.