"TWO UP."

Northern Advocate, 13 November 1917, Page 2

"TWO UP."

A SCHOOL IN TROUBLE

GAME IN A STABLE YARD,

Pour men named M. Griffin, C. Simons F. Brydon and Kaki Auckland, appeared before Mr E. W. Burton in the Whangarei Magistrate's Court this morning upon a charge of playing "two-up" in the stable yard of the Whangarei Hotel, being a public place. The offence was alleged to have taken place upon tlie afternoon of the -net ihsti

_ergi. Moore prosecuted and Mr Carruth appeared for the accused, who pleaded not guilty.

The first witness called was Charles li". Joyce, a stableman employed by E. K. Plaisted, who occupied _he stables at the back of McMahon's Hotel. He saw the four accused in the yard and also saw M. Griffin with the "kip" in his hand. He warned the men that l they would not be allowed to play in j the yard, as the police had warned him to that effect. Griffin asked for time to have one more throw. Witness refused permission, but Griffin kept on. Witness then.jrang up the police and Constables Power and Paine arrived. Witness heard Kaki Auckland offer to have "half-a-dollar" on a toss, and Simons had told witness next day that Kaki Auckland had won 7s 6d on the pl&jv' Witness did his best to sup- , press the play before ringing up the ' police. ARRIVAL OF POLICE. In cross-examination by Mr Carruth the. witness said that he rang up the police at about 6.30 p.m. and at that time the men would have been playing for about half-an-hour. The police came about 7.30 and the "school" , knocked off about five minutes before r .the police came. There were others 1 present (Maoris), but the four accused were the only ones he knew. He ; heard. Kaki Auckland offer to bet,, but E ; he did not see any result, nor did he see-any coin pass, although he saw the cams.., in the "kip." After warning the,.men that he would ring-up the police he then went towards the Water street stables, which he had rung up without getting an answer. He met Chaffey (another employee) on the ■ way, walking along to the post office--1 After talking with Chaffey he went , to the Water street stables and rang up the police- This took up about ■ 20 minutes and he reckoned that from 6.10 to 6.45 he was absent from the ■f stable yard and could not see what 3 was going on. He saw coins tossed ' and heard next day that one man had -> won 7s 6d. - WHAT IS A PUBLIC ALLEYWAY? r Evidence then turned in the direction of showing whether the alleyway 3 through the property of McMahon's 3 Hotel was or was not a public right-of-way. The witness, continuing his evidence, s in. reply to Sergeant Moore said he could go either to Cameron or Vine 3 streets through the alleyway, and ? could also go through to the hotel kit- # cl'ien. He' had seen hundreds of peoi pie go through the alleyway. The Magistrate: "How do you know t that it is a public right-of-way?" r Witness: "Mr Simons says so." ' The Magistrate: "That is no use. Do you know it is a public right-of-way by public use?" \ eWitness: "I know it by public 1 Lu.se." The Magistrate: "That answer will 1 !.do." ' Upon witness being further examined he said the play took place about half-a-chain away from the alley and there was no obstruction between, but a shed obstructed the view from the street. A BIT FLURRIED. Alfred Aitkin, stableman, employed by E. K. Plaisted, said he wns tiie stable in Vine street on 2nd ,|iist. and saw the accused in the yard, lie.Saw "something thrown.up in the -air.-'-' He supposed it was two penties; He heard Kaki .Auckland say that "it came down two ones." He saw no one handle money and did not know what the bet was. He saw C. Simons "throw the kip." Auckland asked him to keep a look-out on Vine street and he received two sixpences, but he did not throw —being "half cut" —whether the money was for a horse feed or drink. He was a bit flurried. They were playing for about half an hour, while he kept a look-out at the back. To Mr Carruth: The four came into the yard about 2.15 p.m. He was a bit "topsey-turvey" but he was sum that M. Griffin was present with the four. He did not see Griffin witli tho "kip." He supposed he (witness) , was put on guard to see if anyone came. "Any amount came," he declared, otherwise I would not be here to-day. Constable Power came but witness could not say at what time. He seldom looked at his watch. When the police came the'-men were gone. Only four men played. There was another present whom h e did not • know "from a bar of soap." This man walked away. He saw no money. pass arid heard uu bets "made. He went away for tea' and when he came back the men wore gone. VIEWING THE PLACE. I Harold Chaffey, .'mother stableman, also gave evidence of having seen the ' play and stated that he had asked ! the men to desist and that they refused. His Worship thou decided to see for himself the place where the play was { alleged to have taken place, and the c court adjourned until 2.15. s _______________________________ c