CHARGE OF THEFT.

Lyttelton Times, Volume CXXII, Issue 15773, 14 November 1911, Page 5

CHARGE OF THEFT.

At the Magistrate's Court yesterday', before Mr J. Hurst Seager, J.P., and MrW. Barrett, J.P., James Hill was charged with having stolon at Addington on November 10 the sum of ss, the property of Thomas Albert Duffeil.

Mr M. Donnelly appeared for the accused, who pleaded not guilty. Thomas Albert Duffell stated that he was a police constable stationed at Sydney, Now South Wales. On September 10 he was on the trotting ground at Addington in company with Detective Gibson, and saw the accused standing on the show ground side of the fence. About 4.45 p.m. he saw a man go up to the accused and make a bet with him. Witness then Went up to the accused and asked what he was laying on "No. 6." He offered to make a half-crown bet, but accused said that he took nothing less than ss. Witness then took a sovereign from his pocket and handed it to accused, who instructed another man to give him 15s change. "Number 6" won the race, and witness went to accused to collect his dividend, but Hill stated that he had not bet with him and offered to be taken before the stewards to be searched. Ho said he had no sovereign on his person. Detective Gibson stated that he had instructed tho last witness to make the bet. After the race ho went up to Hill, who denied having made a bet with Duffell. He said that Duffell had put a sovereign on a rail, but he had not touched it.

Constable Rowo gavo evidence that he had seen Duffell make the bet with tho accused.

Frank O'Connell, racecourse detective, stated tfiat he was at the* Trotting Ground on the date y in question. He saw Duffell go up to the show ground fence and hand something to Hill, who gavo him something in exchange. Ho was too far away to see what it was that passed between them. This closed the case for the prosecution.

Mr Donnelly quoted authorities to show that a bet made in such a manner was not theft. He contended that to convict a man on such a charge would bo absolute nonsense. After lengthy deliberation, the Bench said it was of opinion that the accused had taken the money without the intention of paying it back. He would be convicted and fined 20s.

Accused was then charged with being a bookmaker in that he made a bet on

the. result of a certain race in a public place to wit the Show Ground, Addington. ...

Evidence similar to that given in the previous case was given. Samuel Kratzer. racecourse detective, stated that he knew the accused, who was .a "tote bettor." He had always warned him off race-courses when he" saw him. He was unable to 6ay when he had seen him niako a "tote bet." Oh Friday last he saw the accused on the Show-ground fence, and watched him through field-glasses. He saw money pass between him and another man.

Mr Donnelly, addressing the Bench, contended that the ruling on the previous charge had exonerated the man from the present charge. Their Worships had held that ho had intended to steal the money and therefore had not made a bet with Duffell. None of the witnesses could prove that witness made his living by bookmaking, and he contended that there was no room for a conviction. • . >"'

After retiring to consider the facts, the Bench dismissed the information.