CHRISTMAS TREE IN COURT

Northern Advocate, 19 December 1928, Page 6

CHRISTMAS TREE IN COURT

ESTIMATING ITS WEIGHT,

QUESTION OF A LOTTERY

The true festive atmosphere was introduced into the new Whangaroi Courthouse yesterday, when a Christmas tree, festooned with tinfoil, balloons, wheat tops,' toy motors, candles, etc., illuminated the solicitors’ table. Underneath its shade rested • several massive tomes of the Laws of England and other heavy ingredients of litigation, for sad to relate the spirit of Christmas was the subject of a legal action.

The police proceeded against Ivan R. L. Brown alleging that ho did conduct a. lottery, to wit, a scheme by which persuasion was . given to persons to have an interest, on the payment of sixpence, in the disposal of a Christmas tree by means of chance, x. 0.; guessing the weight of such tree. He was further charged with establishing a lottery. • Counsel, on defendant’s behalf, pleaded not guilty to both indictments. The proceedings were taken under section 41 of the 'Gaming Act" 1908.

Mr J, H. Luxford S.M. commented on the festive atmosphere, and said probably it was the first time that a Christmas tree had appeared in Court.

s» Detective Robertson said the tree iiad been placed in Brown’s Cameron ♦ Street window. Printed across an ar- ♦ row, running the length of the win- ♦ dow, wore the words; “What is the « correct weight of this Christmas tree 1 ? £ It is yours if you guess its weight. A ♦ Christmas tree for sixpence.” The « scheme was also advertised in the ♦ paper.

The detective requested Constable Norris to warn Brown that he was committing a breach of the regulations, and would have to stop. Brown, later, came across the street to where Senior-Sergeant O’Grady was standing and asked whether it would be legal to carry on by giving some article with each guess. The reply was in the negative, and Brown, said lie would secure legal advice. Next day the arrow was changed to read: —.“fid P.K entitles one guess.”

“What does P.K. stand for?” in quired the Bench.

“It is some kind, of chewing gum,” replied the detective. Before the notice was changed the detective and a constable purchased two tickets, and. recorded their approximation iu the. notebook provided for the purpose. The 'constable’s number was I.'!. He proffered 1/ and was handed back, two penny P.K.s and two tickets. The tree "was placed- right- in the window* and was difficult of access, Constable Beasley and himself visited the shop again on December

jO, and asked if it were possible to gain .access to the tree. They were inf opined that, any competitor who wished to try the weight before guessing could do so. They went into the window, lifted the tree, and had. two further guesses. Brown said the tree would he weighed, in the presence of some reputable person on December 22 at 9.30 p.m. People, who had made the request when buying tickets, were invited to attend the weighing. In the event of more than one competitor guessing the correct weight, the prize would Ibe allotted as agreed between those concerned. If no competitor guessed the exact weight, the tree would he given to the nearest.

Sonior-ißergcant 0 ’Grady and Constables Norris and Beasley corroborated the previous evidence. Finally, Detective Robertson closed the police ease by submitting that, even if Brown did not know he was breaking the law, he was sailing as close to the wind as he could.

■Although he had lifted the tree up several times, Ivan R. L. Brown said he had no idea of its exact weight. This would bo ascertained by trying it on two pairs of scales in the shop and ■taking the mean. Some competitors had computed the weight merely by sight; others had 'asked and had been allowed to lift the tree. They could also look at the ' previous estimates. When lie had been told that the tree was illegal, the Sonior-Bcrgcant had distinctly informed him that if he gave something away with each guess, and refrained from advertising, it would be quite all right. Looking for a plan to advertise his Christmas trade, he attended the Catholic Bazaar, and there purchased tickets in similar guessing competitions. He thought the scheme was rather good and decided to apply this one to his own business. Mr Lux ford (sharply): “Churches are fulfilling ,a very estimable mission, but at bazaars and similar functions frequently go outside the law.” Counsel quoted numerous judicial decisions to show that where there was an element of skill required, such schemes were not lotteries. It was open to anyone who chose to lift the tree and try its weight.

The Magistrate, consulting the note

hook: “How old is tills girl?V

“Thirteen, your Worship.“ The Magistrate questioned whether a child of this age could exercise proper skill. In fact the general public, as a whole, not having any knowledge of weights, would be moving in the dark.

Counsel submitted that if one person, such as a stockman, tried the weight of the article the argument of the prosecution that no skill entered into the competition would be destroyed.

The Magistrate: “I think that the only agency that can guess weights absolutely correctly is made of metal, not of human tissues.”

Before the police could sustain their case, counsel contended that it would be necessary to establish, conclusively, that, no clement of skill whatever was necessary.

“A /Christmas tree always provides a good deal of guessing on the part of the children who open the packet,” said his Worship, smiling. The Magistrate said there was no doubt in his mind about the case, but as considerable argument had been put before him he # would prefer to give his judgment in writing. In the meantime the tree must remain as an ex=. Dibit in the case. Counsel asked whether the case would be decided before the holidays, but the Magistrate said this was hardly likely.