"A SURPRISE NIGHT."

New Zealand Herald, Volume LXVI, Issue 20242, 30 April 1929, Page 12

"A SURPRISE NIGHT."

PRIZES FOR THEATREGOERS.

FAILURE OF PROSECUTION. NO ELEMENT OF CHANCE. Holding that there was 1 no hint of chance in the scheme, Mr. F. K. Ilunt, S.M., in the Police Court yesterday, dismissed an information laid against Lester Sinclair, managor of the Empress Theatre, Great North Road, who was alleged to have distributed prizes by chance at his theatre. Sinclair pleaded not guilty to a charge of having allotted sacks of coal, clothing and jewellery among persons by chance on a night advertised in the press as a "surprise night."

According to Detective-Sergeant Kelly, Sinclair had advertised a surprise night and had disposed of certain prizes in the preseneo of two detectives. Ho had turned liis back on the audience and then called out tho numbers of seats in the theatre, awarding prizes to those occupying them.

When asked to explain the method of allotment, Sinclair said ho used to stand near tho ticket-box in tho vestibule and watch tho patrons in tho queue. Ho would tako a noto of four or five patrons, and after they had purchased tickets ho would follow them into tho theatre and write down tho number of the seat and the row in which they were sitting. Then ho would go outside and repeat the performance until he had awarded in this manner about 30 prizes. During tho programmo he would go on the stago with a list containing the numbers of the seats occupied by tho prize-winners and then surprise tho people by announcing his decisions.

For defendant Mr. Singor said there was obviously no chance in the scheme. All tho prizes were pre awarded.

The magistrate agreed with counsel and said he could not see that chance entered into the scheme. Detective-Sergeant Kelly: But, he advertised a surprise night. Mr. Hunt: Yes. But that might mean anything. It docs not convey anything to me. The charge was dismissed.