BETTING WITH AN INFANT.

Hawke's Bay Tribune, Volume I, Issue 74, 9 March 1911, Page 8

BETTING WITH AN INFANT.

FITZPATRICK’S APPEAL. At the Napier Supreme Court this morning. His Honor Sir Robert Stout, Chief Justice, presiding, an appeal was made by way of rehearing a case in which one F. Fitzpatrick was fined £‘7s for betting with’ an infant. Mr. Williams appeared for the Crown, and Mr. Dolan for the appellant.

Mr. Dolan briefly addressed the Court, emphasizing the fact accused had not wilfully bet with an infant, and the bettor looked well over fl.

Frances Fitzpatrick, the appellant, a bookmaker, said he betted with the man McDermott. He had given McDermott 2 to 1 on Entente. As soon as he had given McDermott the ticket as requested, a constable came up and grabbed the ticket, saying ’’You are betting with an infant.” Witness called out to the young man ‘‘no bet,” but Constable Keane persisted in saying that a bet had been made. Witness returned the money to McDermott. His custom was to enter every bet in a book, and unless such bet was recorded he did not pay out. He had'never seen McDermott.

The Constable immediately seized the ticket, and must have been standing close by. To Mr. Williams: He only doubted McDermott’s age when the constable seized the ticket. If he had thought the young man was under the age of 21 he would not have made the bet.

William O’Neil, carrier. Hastings, said he acted as clerk to Fitzpatrick at the Waipawa races. McDermott came up to bet, and Fitzpatrick gave him a ticket. 4 constable grabbed the ticket at once. He recorded no bet tor the event. He saw McDermott for the first time that day, and took him to be 23 years of age.

To Mr. Williams: He did not think anyone would take him for younger than 21 years. Edwin N. H. Brewer, Waipawa, dentist, said he was at the races on November 9th, and saw McDermott with a ticket in his hand, and saw the constable come up and take it away, saying ‘‘Do you know you’re betting with an infant ?” Fitzp atrick looked up at the boy and pushed his hand away, saying “No bet.” Witness was of opinion that McDermott was 24 years of

■geP. H. Brewer, dentist's assistant, said he attended the races at Waipawa on November 9th. He saw McDermott at the races, and the constable rush up and take away his ticket. He also saw the constable and Fitzpatrick have a conversation. Judging from his general appearance McDermott was 25 years of age.

For the Crown Mr. called:—

Williams

Anna McDermott, who said her eon was born on December 2nd, 1880.

Joseph Keafe, a constable, stationed at Dannevirke, deposed that he attended the Waipawa races on 9th November, saw the youth McDermott there. Witness knew Fitzpatrick, and saw him some time before the fourth race started, walking across to the totatisator. Fitzpatrick handed McDermott a card, and the constable followed and took possession of it. He then returned, and told Fitzpatrick that he was betting with a boy under age. Fitzpatrick replied that he thought the boy was young, and handed back his money.

To Mr. Dolan: Did not see the boy betting anywhere else on that day. He had known the boy for about two years, but had never had a conversation with him. He did not know the boy was accustomed to bet at races. He would be surprised to hear that the boy had bet on the ••tote.” Fitzpatrick replied when he was accoste I by witness that he thought the boy was under age. and declared the be? off. Witness had never seen the boy in billiard rooms either in Dannevirke or in Waipawa. He did not know that the boy had l>srnce the age of 16.

John Gilbert McDermott stated that he was 20 years of age on the 2nd of last November. Witness saw the constable go to Fitzpatrick and heard the latter say it was no bet. and the money (10-) was returned. He did not hear ail the conversation that ensued. To Mr. Dolan : He was a drover, and had been engaged in this pursuit for two or three years. Since he was 16 years of age he had been betting. His parents knew that he bet. He had bet only once w : tii Fitzpatrick, and that was on th'* occasion out of which the presen? case had arisen. Since the Waipawa races witness had bet at Dannevirke and at Palmerston North. Since the 9th of November witness had not made any hets except through an agent. Ho uni bet or a totalisator before the Wai-:

pawa meeting. This was at Woodville. He had bet on the totalisa-

tor in Hastings also, but only through agents. His agents were men of about 40 years. The men on the “tote” had never declined his money. Witness’ father owned a billiard saloon in Dannevirke, but di<l not run it. He sometimes went into the saloon, but never put money on the game. This closed the case for the Crown.

Mr. Dolan, in his address to the Court, drew attention to the fa< t that the evidence submitted as to the boy’s age was very contra.iktory. A birth certificate he submitted only showed legally the fact ot a birth, not such circumstances when or where it took place.

The penalty of £75 seemed to His Honor to be excessive, but tinMagistrate had probably taken 'nt> account previous breaches of the Gambling Act. Mr. Williams, for the prosecution; denied that the birth certificate only showed the fact of birth, it also showed the time when it took place. From the appearance of McDermott the constable took him to be less than 21 years of age, and the defendant seemed to “have a doubt in his mind as to the boy’s age, as he immediately returned the money of the bet. His Honor reserved his decision, and will probably deliver it to-inor-row morning at 10.30. The Court then adjourned f< r lunch.