GAME OF TWO-UP

Manawatu Standard, Volume XLVII, Issue 111, 7 April 1927, Page 8

GAME OF TWO-UP

POLICE RAID AT FEILDING.

PARTICIPANTS FINED.

(Special to “Standard.”)

FEILDING, April 7. Ihe adjourned case in which the police proceeded against a dozen employees of tho Feilding freezing works last court day for allegedly playing two-up was continued at the Feilding court this morning. Mr J. L. Stout, S.M., was on the Bench.

Constable Pike said that he stationed jiinr self in company with Constable McCall in the willows on the bank of the Oroua River on the morninp; in question. About three players were engaged in tho game at first and were joined later by several more. Witness saw money change hands aft< r the operation of tossing coins in the air. They (the constables) left their hiding place about 3.30 p.m. in the afternocn and approached within 15 yards of the ring. Witness hijnsolf personally recognised Benge, Larsen, Hefferrnan and Hoarigan among tho players. He did not knew any of the others. When the police made their appearance the players broke and ran. Witness would say that all those me:i present were taking part in the game. The Oroua River was a popular place for swimming in the sunfmer time and the spot where the game was in progress was abcut eleven chains from Johnston Park, which was a publio park. It was possible from Johnston Park to see a person playing where the men were located. Since the game witness said he had made further tests with Constable McCall as to tho visibility of tho place and had found that the spot could be seen from Drake Street. There was also another person present at the ring whom witness could remember and that was Voice, who seemed to be ringkeeper. Questioned by Mr Cullinane, witness said he could not actually see money passing between the players but their actions led him to believe that money was passing. Witness denied that the ring could not be seen from Johnston Park.

This concluded the case for the prosecution and, addressing the Bench, Mr Cullinane asked that the charges be dismissed. He had personally inspected the place and. he had found that it was quite impossible to see men playing in the location of the rin i from Johnston Turk. llis Worship held that the evidence for che police hfd firmly established the fact ,:hafc the view was possible; therefore, the cas3 must proceed.

L. H. Fisher, printer and Justice of the Peace, of Feilding, said that he had vis .ted the scene of tho ailoged game across the river from Johnston Park. There was a depression in the ground of about a foct or eighteen inches deep, and it was mere or less surrounded by lupins, willows and high grass. From Johnston Park wil ness said ho had tried to got a view of tho spot where the men were alleged to be- playing, but had failed on account of the growth. He had also tried other places, but had not succeeded. Witness die not think that the spot could be seen f<om the streets about Johnston Park. To the Bench, witness said that there were no men in the ring when ho visited tho park; he could not say whether they could be seen.

Examined by Sergeant Cahill, witness sail that he could not swear that ho was standing on the same spot as the constable when tney visited the alleged gamo. Witness also could not see tne handkerchiof placed in a tree above tho ring by the pol ice.

To tho Magistrate, witness said ho con sid ired that ho had good eyesight.

Harold Haywood, taxi-proprietor, said tha t he had visited tho park also, but coi Id not dotect tho sito of tho alleged two-up ring from Johnston Park. He had looked from various places but the result wai the same. Tho visibility was blocked by willow trees and other growth. ■

Francis Heffernan, said that he had never visited, the ring before the 30th February. He went there that day on his own and saw Jonos nad Benge. Ho did not see Kirkcaldie or anyone else there. Ho was not playing as ho did not understand tin game. He had been for a walk and, hearing about tho game, had gone to look on.

To the Magistrate), witness said that he had been told where the ring was and ho hail found the place easily. The Magistrate reminded witness that ho had been given as a participant in the game and had been seen changing money. Witness replied that ho had changed 2s for Voice.

Sergeant Cahill: Why did you not giv« me Voice’s name when I asked you boforo ?—I forgot Sergeant Cahill: And I supposo there are a lot of other things you havo forgotten. Witness then detailed the breaking-in on the scene of the game by the police and the arrest of several of the players. it. Jones said that ho had been for a walk to the river bank on the Sunday afternoon because he understood thero was to bo a union meeting. He found Voice and one or two other men thero and on ascertaining that there was not to be a meeting he lay down on the bank and went to sleep. Tho police woke him up when they raided the game and he was caught. * To Sergeant Cahill witness said that, when he arrived at the river bank, lie found Voico, Hourlgan and two or three others, whom ho did not know. He did not seo any two-up played that afternoon.

“AFRAID OF THE ‘BULLS’.”

Sergeant Cahill: Why did you run away when you woke up? Witness: There is a big bull in that paddock that I’m frightened of. (Laughter.) Sergeant Cahill: I'ho “bulls’’ in this case were constables.

Tho Magistrate: So you had two “bulls” chasing you. (Loud laughtor.) Witness denied that h® wa!! onß °f the ringleaders of tho game. He had no money on him that day. He was a married, man and had a family and could not afford money for gambling. This ended tho ovidence for tho dofeuoa and, addressing the Bench, Mr Oullinano submitted that tho police evidence nad boon much exaggerated. _ Independent evidence had stated that it was practically impossible for the players to havo bo**n soon from Johnston Park. Unless ir, had been proved conclusively that the po'-ons playing were in view of persons in a public place, the accused players ehould bo given the bonefit of any doubt and comsel asked that tho ‘ charges be dismissed on the grounds that the prosecution had not proved any offenco. His Worship, in summing up, said that it was a question of whether a game of twoup had been playod and after hearing the police evidenco ho had no doubt of that. As far as Hefferman and Jones were concerned, they both had admitted they wore there. They did not wait wbtn the police arrived so that suggested a guilty conscience. Hefferman must be convicted for aiding and abetting the game by the fact that ho admitted lie changed monev. Tho evidenco of Jones must be considered as very unsatisfactory and the court could not accept his statements. As regarded the visibility of the. place His Worship held that he was inclined to accept the police view as tho test taken by counsel and his associates was not fair. Thoro were no men in the ring at the time and the spot was undefined by anything except a handkerchief which was in a willow tree above tho ring. His Worship held that the case had been proved for the prosecution and imposed a fine of £3 each with costs 12s 6d, ono month being given in which to pay. The names of tho players charged wore: Richard Benge. John Evans, Thos. _ Fogarty, F. W. Hefferman, John Hourigan, Richard Jones. Albert Larsen, John Mansfield, Jas. Reddy and E. H. Cullum. Tho charge against L. Kirkcaldio was adjourned.