POLICE COURT NEWS.

New Zealand Herald, Volume XLIV, Issue 13483, 9 May 1907, Page 7

POLICE COURT NEWS.

ALLEGED "TOTE" BETTING. At the Police Court yesterday, before Mr. C. C. Kettle, S.M., a young man, Henry Niccoll, was charged with having, on April 6, at Ellerslie, entered into a, bet upon the result of a horserace, whereby he agreed to pay the other'party to the bet, if the latter should win, a sum of money, the amount of which should be dependent upon the resuit of the working of the totalisator. ' Niccoll was further charged with having on the same date acted as agent in purchasing tickets on the totalisator in the Victoria Handicap and Maiden Hurdles. Mr. J. K. Reed appeared 'oil behalf of the Auckland Racing Club, and Mr. W. E. Hackett on behalf of the defendant.

The first witness called by Mr. Reed was Detective . Hollis, who said that on April 6 he was at Ellerslie. He watched the defendant, "•' and v noticed him communicating with several racing men, and making notes on his race card. .Before the third race was rim witness mot Detective Bailey, and together they watched Niccoll. -Then they went up to him, and witness obtained his race card. ; The defendant was afterwards taken before the stewards to whom he made a statement.

In reply to Mr. Hackett, witness said he saw no" money passed, nor did he see the defendant put any on the "machine." He believed Niccoll to be the agent for a bookmaker. Witness gave the names of several men with whom he suspected the defendant had been betting. .He was positive that the defendant put no money on the machine for the third race.

• William Alfred Bailey, formerly a detective in the police force, and now employed as a private detective by the Auckland Racing Club, said that just before a race started the- defendant went up in front of the totalisator, but did- not put any money on the machine. Witness told Niccoll that he was suspected of " tote, -betting," and he , was taken - before tho stewards. Ho then made a statement to them. *.-' To Mr. Hackett: Thinking that accused was making totalisator bets, witness concluded that he was making notes. .John F. Hartland, secretary of the Auckland. Racing Club, : said that the book produced was given to him by Detective Hollis. It had been taken from defendant. Witness suggested from the figures placed opposite several of the horses' names in the book that the accused was "a walking totalisator." When taken before the stewards accused- accounted for several of the figures opposite certain names ,by saying that he had put the amounts down oil the totalisator for different persons. To Mr. Hackett: After tho inquiry the defendant was warned off the course. ; Angus W. Gordon, a steward of the Auckland Racing Club, said that when brought .before a meeting of the, stewards the defendant ■ said he. was acting for no bookmaker, and that had put money on the machine for various persons. rv Harry Hayr, .secretary of tho Avondale Jockey Club, and proprietor of the totalisaI tor at Ellerslie, said that, to his knowledge, on April 6 no large investments were made on the totalisator. Witness knew Niccoll, and did not see him making any bets that day.. • '':'"■''.'■' ':■■■.'" :■' '•■' : - - ~ . : - ; ' •To Mr. Hackett: Witness was not prepared to say that the accused did not invest money on the machine. Tho figures in the defendant's book " might mean anything." ~;■:' ' . To Mr. Reed: He had not had an opportunity of seeing the figures" before. „ Charles William ; Coleman; horsetrainer,, said that he had not given the defendant any money to invest for him 'at Ellerslie on April 6. [The defendant had stated before the Racing Club stewards that he had been given money by the witness to invest.] ■ Charles Weal, another horsetrainer, gave a similar denial. ■ , | -Mr. Hackett submitted " that 'he "had no ! case..to answer on the charge of "tote." betting. I His Worship ; was asked 'to extract !. an s offence from a, combination of 'peculiar circumstances. No evidence was called fori the defence; - and the magistrate said he would reserve his decision. ■ '/Jin respect to _ the . information charging : Niccoll with acting as agent for the purchase of tickets on the totalisator, Mr. , Hackett that he would consent to the evidence already given applying to this particular case. He contended that there was no case to - answer, because the act of purj chasing; tickets was not made : an offence jj unless ,in the - case of a person who systematically trafficked in it, and sent out circular t neteror.; other documents. -To *, merely put' j, a,'pound on the machine for another per- '. son, and to bo liable for, so doing, was i monstrous, • and : ho thought it most r indis•i cfeet on the part of the Racing; Club ,to I have raised the question. 'Mr. Reed said it' was perfectly clear that j- any person acting as an agent in any way 1 was_ liable under the. Act. ; ,-' His Worship reserved his decision in this I case' also. ' - '*' ;■■ ',[. "'' ' STEALING FISH. - ! - Charles Campbell pleaded guilty "to stealI ing six fish, valued at Is 2d, from the clean'ing shed of S. Green and Co., in Alberti street. Sergeant Hendry explained that,a I bundle of fish were hanging up in the shed ■'when the accused. came; along and .took ! them, and made off. He was pursued and j caught, and. when. given in charge admitted that he had stolen'the fish. * When tho J aopused was brought to the police station he was under the : influence of liquor,, but not drunk. '"Looking at your record," said Mr.' Kettle to Campbell, " I think that one month's imprisonment is the least I can give you." ILL-TREATING A HORSE. James Chapman, a carter, was fined 20s and costs / for working a horse with a sore foot in Queen-street-, yesterday ' morning. The information was laid by. Inspector Alder. ' ; . - .;•;.:.• •;- . v . HARBOUR BOARD BY-LAWS. i {'.John Richard Willis, a middle-aged man, . who had plied for hire on No. s 3 Jetty,; i without being licensed by the Harbour Board to do 90, was convicted and discharged, on his explanation' that.he fed been ignorant of the fact that a license was lie-. ! cessary -for, the class of work he had done. __________________ DRUNKENNESS. /Charles Kron was fined 20s " and ' costs l, for drunkenness, and on a" more serious charge of refusing to leave the Waver ley Hotel when™ requested by - the licensee to I do .so he was fined 40s, or in default seven days' imprisonment. .William Mackay was .fined 10s and costs, whilst two .first of- | fenders were each fined ss. -■■■'■, »■