ALLEGED BOOKMAKING

New Zealand Herald, Volume LVIII, Issue 17708, 17 February 1921, Page 9

ALLEGED BOOKMAKING

VERDICT OF NOT GUILTY.

CHARGE AGAINST J. WESTON.

■' SINGULARLY WEAK EVIDENCE "

A charge of having carried on the business or occupation of a, bookmaker on January 22, 1921, -was made against John Weston (Mr. Hogben), who -was tried before Mr. Justice Stringer and a jury at the Supreme Court yesterday. The Prosecutor, Mr. V. R. Meredith. conducted the prosecution. The selection cf the jury occupied six minutes, three cf the panel being challenged by ,Mr. Hogbeu and eleven being stood aside by the Crown Prosecutor.

Dotective-Sergeant A. Hammond said [he had known accused for seven or eight _\ ears, and had never known him to follow any other occupation than that of a bookmaker. In company with Detective Fitzgibbon, witness went with a warrant to room 12 in His Majesty's Arcade at noon on January 22. In the office behind tlio clubroom was a desk, on which was w open-face watch, an important item to a bookmaker betting on the starting [.rice. A large collection of writing and printed matter relating to racing and Oookmakhig was found in the room. There was also found a quantity of printed lealiets, dated Auckland, October O'J, 1920. 'I hey read as follows :— • Dear sir. not wishing to break the law, I beg to state that 1 am following the occupation of an electrician at my usual aJdress, where all work will be faithfully carried out as in the past. Thanking jon for past favours, and hoping for the continuance of same in the new department, yours respectfully, John Weston." During the half-hour the detectives were there an urgent telegram arrived from TrenLham giving the result of a race. A number of men came in but, some of them, on seeing the detectives, went away hurriedly. Two of them, Johnson and Hardyment, came in to put money on horses running that day at Wellington. and witness made a bet with them. There was nothing in the offices to indicate electrical engineering business. Detective Fitzgibbon corroborated the evidence of the previous witness, and related how when Johnson and his companion came in they approached Weston, the fonmar drawing a wallet from his pocket. Weston said : "What do you want? I don't know you." The men appeared taken aback, and witness said : 'Have you come for a bet?" and Hardyment replied "Yes." Some of the stationpry found was headed J. Rex, Box 1283. Auckland.

Evidence of Men Found on Premises.

Several m?n who were found on the premises gave evidence. The statement of a seaman was read to the effect that he had made a bet with accused before Christmas and had visited him on January 22 to have a bet. John Haywgffd, a labouer, said he went to ao-r-nsed to get an acceptance card. Archibald Hardyment. hotel porter, and John Johnson, harm-in, said they had heard in a billiard saloon that beta could be made in the Arcade, and they had visited it to seek the place. Counsel for defence, addressing the jury. emphasised the fact that the Act, which fame into force in August, laid down that a bookmaker wais one 'who habitually held himself out to bet. As this was the first trial in Aucklar d it was not laid down just what evidence was required, and counsel submitted that there were four tssential featurei;. to the bookmaking business. Firstly, a. bookmaker must habitually make bets, and tharr was no evidence to prove that at any time since the passing of the Act anyone had made bets with accused ; secondly, he must keep a book recording debts, and there was no : evidence in the rooms or on his person ; to show he had any record of any bets made since August; thirdly, he must offer to make bets, and there was a iota! absence of evidence that the ac- < used had at any time, let alone since August, offered to make bets; lastly, he must issue circulars or double charts, stating with whom or where he bets, and the odds. There was no suggestion tha:t lh<?se were issued, and the mere fact of them being on the premises did not infer they were available to the public. The watch was broken, and had not gone for It was natural to find sporting journals and race cards where men keenly followed the sport. Counsel contended that the Crown had entirely failed to prove anything essential to bookmaking, and that no evidence proved that accused had bet or offered to bet on January 22, issue a chart, or, in fact, do anything hut sit down and see a detective take another man's money. His Honor's Summing Up. In summing up, His Honor said that, however the jury might differ in their opinions of the law, the Act made bookrnakir.~ unlawful. He was bound to say that the evidence to establish that the' accused had carried-on unlawful business since August was singularly weak. It depended on the result ; of a search that disclosed various articles which were inferred to be the paraphernalia of bookmaking. Counsel for the defence had put his points well, temperately, and with a great deal of force, and his observations were worthy of careful consideration. As counsel had said, there was no evidence that accused had made bets since August, and although the jury might have a shrewd suspicion that if the detectives had not been there bets would have been made on the day in question, the fact remained that there were no bets made with Weston. On the evidence they might have been refused. A man who admitted having been a bookmaker for yenrs might' well have had the printed matter, cards, forms, etc.. for a long time, as there was no evidence to show it had been recently printed. The circular about the business of an electrician had not been proved to have been circulated, and it was not right to assume it was issued. The charts and cards from race meetings and the telegram from Wellington vvere not proof of bookmaking ; if \V r ston had for years been interested in racing, it was only natural be desired to he kept informed of results. The evidence was far too flimsy to justify the conclusion that Weston was sysfematicallv carrying on the business of a bookmaker, for if such was the case, there ihou'd be no difficulty in proving it. After a retirement "of half an hour the jury found Weston not guilty, and he was discharged.