TRIAL BY JURY

Hawera Star, Volume LI, 9 December 1931, Page 5

TRIAL BY JURY

ELTHAM BOOKMAKING CHARGES

COMMITTED TO SUPREME COURT. At the Eltham Magistrate’s Court yesterday before Mr. R. W. Tate, S.M., Antonio Novak was charged with carrying oil the business of a bookmaker and with making three separate bets on horses running at the Marton race meeting. On the indictable oifence accused elected to be tried by jury and counsel suggested that the summary charges be adjourned until after this charge was heard. Detective Meiklejohn stated that some of the witnesses had come a distance and at liis icquest the magistrate decided that ho would hear the evidence, which would be used also in the summary charges after the indictable charge had been disposed of. Harold Gregor Hodge, police constable at Morrinsville, said that on. October 21 at 4 p.m., in plainclothes he visited Eltham, acting on instructions from the police inspector at New Plymouth. He introduced himself to a- stranger, who took him to the accused- whom he asked for a double card on the Wellington meeting to be run on October 24. The accuseu replied that no race cards had yet come to hand. Witness then asked ior a, bet on Korokio. which he understood uas running in the last race. Accused accepted the 5s tendered, and just as lie received it a man standing inside the office stated that that particular horse had run and won. He lgarned that the horse had run in the iourth race, the Tutaenui Handicap. He then asked for os on Far-atoo m the last race. Just then another man called in and handed accused 10s on Leisure, which was running in two races, the fourth and the last at MarConstable F. H. Townsend said that ho knew, tlie accused, who had been in business for a number of yeais as a fish shop proprietor. He sold out m November, 1930, and since then had been living privately, but doing no work. On November 11, acting on instructions. witness went to an hotel about 11.45 on the third day of the Christchurch races. He had a warrant to arrest Novak and to search the office. He went into the office and found Novak sitting on a couch with the iicensee sitting in an easy chan and a woman sitting in an adjoining, easy chair, tie searched the accused, finding £3 14s 6d in money m his possession, and a day card tov tne second day of the Christchurch races, the winners and dividends being marked He possessed a notebook with perforated leaves, a number of which were missing front the front. On the mantelpiece within six feet of Novak he found 20 day cards for the third day of the Christchurch races. These had the same imprint as the one in Novak's possession. There were also ll double charts in the same place for the O'taio Plate and the Jockey' Club Handicap, run at Christchurch. Novak said the charts and cards were not lus. The licensee said, “They have nothing to dp with me.” Arthur Way, secretary of the Marton Jockey Club, gave evidence as to the running of horses in the respective races at the Marton meeting on October 21 and the dividends paid. Albert Owen Casey, hotel licensee, said he had known the accused for eight years. Witness was present when Novak was arrested 111 the_ sit-ting-room behind the liotel booking office ' He saw the constable collect some day cards from the mantelpiece, but these were not his property, nor had he put them there.Samuel Pivac, restaurant keeper, Hawera, said that on November 18 lie had pleaded guilty to bookmaking and the keeping of a common gaminghouse for dates of October 24 and November 11. He liad been a member of the Dominion Sportsmen s association, but lie did not- know wlietliei it had anything to do with bookmakers. He had known the accused about 15 vears, but he did not know whether he was a member of the Sportsmen’s Association. He had lent accused money at various times front the beginning of 1930. The accused was not an agent of his. Novak hail had bets with witness, but not since about last March or April Accused pleaded not guilty and was committed to the Supreme Court for Bail was allowed in one surety of £IOO and self £IOO.