BETTING CASE.

Grey River Argus, 11 October 1922, Page 5

BETTING CASE.

POLICE APPEAL SUCCEEDS. MAGISTRATE STOUT'S DECISION REVERSED. (Per Press Association.) PALMERSTON NORTH, October 10. .lustice Reed h:s reversed the decision of Magistrate J. L. Stout in the police prosecution of Robert William Davidson, for using premises occupied bv him as a common gaming house. ; The Magistrate, at the hearing, in dismissing the inf<»rmation, held that the evidence as to telephonic communication between the police and third per sons was inadmissible, and th: t even if it were admissible it was only evidence of defendant's repute, ami that before the d onvicted> there must be evidence of actual betting or the premises.

hi a lengthy review of the evidence. His Honour said the question to decide was not: “Has it been proved the actual bet has taken pl: ce in the house,” but, “was this part b ar house open, kept, or usa d for betting purposes?” The answer, he said, depended on Fhe cumulative effect of i robably a number of circumstances. His Honour also held that the evidence as To th • Tuccipr of ?• dephom* messages was admissible ns tending to prove that a systematic business was being carried on Ly the respondent. This and admissions ma la by the r< spon.lent hn.l dofiriitr-ly linked up ILsubject matter of messages with, business carried on on the - remises an I messages sent in ord r to ascertain what was the nature of the business. The appeal was allowed with costs of seven gnine* s, and the case was remitted to fhe Magistrate.