COMMON GAMING HOUSE.

New Zealand Herald, Volume LX, Issue 18374, 14 April 1923, Page 13

COMMON GAMING HOUSE.

CONVICTION OF McDEVITT.

FINE OP £75 IMPOSED.

MAGISTRATE'S COMMENTS.

I Judgment was given by Mr. J. W. Poynton. S.M., in the Police Court yesterday in the case against Cornelius McDevitt (Mr. Leary), who was charged with keeping a common ' gaming house in the Tyrone Buildings. The facts proved at the hearing, said the magistrate, were that accused was a bookmaker, and that he executed an agreement to lease the room, signing a false name. The room, when entered by the police on March 17, was found to contain betting books, cards, and stationery used by bookmakers, and also a new roulette outfit, which apparently had not been used. It was a room used exclusively for betting. The telephone in it was paid for by accused. When the police were in the room on March 17, the telephone rang and a voice said : " Dough here, a pound on Proxiform." The entries in the betting books were recent, and referred to recent races in different parts of the Dominion. .On March 19. a letter sent from Te Awamutu and addressed E. Edwards, was found under the door. It contained money on racehorses, and started " Dear Con." No other bookmaker by the mime of " Con" was known to the Auckland police. The magistrate remarked that Mr. Leary had called no evidence in defence, but had relied on the weakness of the evidence for the prosecution. Mr. Poynton, after reviewing Mr. Leary's arguments, said that the evidence against .the accused was not strong, but after careful consideration he thought it was sufficient to place the onus on accused of rebutting it- The magistrate concluded : "On the whole facts I consider a prima facie case has been made out. Indeed it is much stronger than that, but that is sufficient. When a prima facie case. is made by the prosecution and, not rebutted by the accused it will suffice for a conviction."

Accused was convicted and fined £75, in default two months' imprisonment. Security for appeal was fixed at £20, plus fine and costs. *