FINE FOR BOOKMAKING.

New Zealand Herald, Volume LXV, Issue 19892, 10 March 1928, Page 13

FINE FOR BOOKMAKING.

WINNING DOUBLE NOT PAID.

LETTER THAT WENT ASTRAY.

JUDGE ON THE GAMING ACT

[BY TELEGRAPH. —JOWN CORRESPONDENT.] HAMILTON. Friday.

A fine of £25, in default one month's imprisonment, was imposed on a Hamilton East hairdresser, Harry Sep Asher, by Mr. Justice Blair in the Hamilton Supreme Court to-day, for carrying on the business of a bookmaker. Mr. H, T. Gillies prosecuted, and accused was defended by Mr. E. A. Cox. Evidence was given by William Richard Shattock, butcher, Hamilton, that on November 2 he approached Asher and asked him if he had the chart of an Auckland bookmaker. Asher produced the chart and quoted 40 to I. on the double, RapierEulalie, in the New Zealand Cup and Stewards' Handicap at the Christchurch meeting. Witness asked for the double at 400 to 10 Asher went away to inquire and later informed witness that the bet was on. Witness paid Asher £lO, and received a written confirmation of the bet, in which witness was referred to as "Sydney." The double won, but witness did not receive payment, nor was his £lO returned. When witness asked for a settlement, Asher said he would ring his principal and get the money sent through by a draft. Asher afterwards explained to witness that he had addressed the letter containing the money to the wrong post office box in Auckland. Aucklander Bookmaker's Repudiation. Witness rang the Auckland bookmaker, who completely repudiated any association with Asher and any knowledge of the bet.

To Mr. Cox, witness said Asher had described himself as the Auckland bookmaker's agent, and witness dealt with him in that capacity. Witness thought he bad acted from a sense of public duty in informing on Asher. Had he been paid no action would have been taken. Witness declined to give evidence as to transactions he had had with other bookmakers.

A statement obtained from Asher by Constable Sutton was read. In this Asher stated that he had received £lO r rom Shattock in connection with a double on the Christchurch meeting, but that he had misdirected the letter containing the money to Auckland and lost it. Money Sent to Oblige.

Asher admitted to Constable Sutton that to oblige people he occasionally sent money to the Auckland bookmaker. Mr. Cox called no evidence, but he submitted that it had not been proved that Asher was an agent for any bookmaKer or that the bookmaker named ever existed. His Honor said the facta were admitted, but the question was, what v/rve the inferences to be drawn from the facts ? Shattock's statement that Ashsr .vas a bookmaker's agent seemed to be about the truth. The Gaming Act differed from the ordinary law, which required the Crown to prove beyond any reaosnable doubt the guilt of an accused person. Evidence had been given that Ashar had taken two bets from Shattock, and according to the Gaming Act the onus rested on accused to prove that he had not been carrying od the business of a bookmaker.

The jury found Asher guilty after a brief retirement. Asher was given a week to pay the fine.