THE GAMING LAWS.

New Zealand Herald, Volume LXI, Issue 18779, 5 August 1924, Page 8

THE GAMING LAWS.

POLICE CASE A FAILURE. TRANSACTIONS IN PRIVATE[BY TELEGRAPH. —rHESS ASSOCIATION.] PALMERSTON NORTH. Monday. A lengthy reserved judgment was delivered to-day by Mr. J. L. Stout, S.M., in a case in which Harold Charles Howes, 31 years o£ age, was charged that on dates between July 7 and July 9, 1924, being the keeper of a public bar he used it as a common gaming house. Howes was also charged that on July 8 ho publicly exhibited a double card on tho Wellington Winter Hurdles and Steeples.

The magistrate said the evidence was that a constable was specially instructed to. make bets with defendant in the bar. The evidence was inconclusive to prove the use of the bar as a basis for betting operations. The constable actually waited until defendant came on duty to relieve the proper barman, and on another occasion not finding defendant in the public bar ho sought him in the private bar and made a bet with' him there. The prosecution had not convincingly proved localisation of a betting business in the bar. " I have dealt with the case on the assumption that defendant actually took the bets himself," stated Mr. Stout, but there is a question which is not free of doubt —whether he was not merely putting I money on with a bookmaker at the request of the constable. 1 "

Another question for decision was whether the. handing of the double cards to the constable was publicly exhibiting a document containing a notification as to betting on a race. " A document is deemed publicly exhibited when openly exhibited within view of persons in the hotel," said Mr. Stout. " There is no doubt that a card was exhibited, but it was more in the nature of a privat-o exhibition on request. If a conviction were recorded then any person who happened to be in possession of a bookmaker's double card, and who showed it to a couple of friends at their request in a public street, could be convicted, although no other person saw the card."

Both informations were dismissed.