TERMS IN PRISON

New Zealand Herald, Volume LXX, Issue 21515, 12 June 1933, Page 10

TERMS IN PRISON

I THREE BOOKMAKERS - CASES IN TARANAKI COMMENTS BY JUDGE LAW AND PUBLIC DUTY [by telegraph —OWN correspondent] NEW PLYMOUTH, Saturday Imprisonment with hard labour was the sentence imposed by Mr. Justice Heed in, the Supreme Court to-day on three men found guilty of bookmaking. The cases followed police raids carried out in New Plymouth, Stratford and Hawera on March 18, when six arrests wore made. Only one man charged elected to be dealt with by the lower Court and u fine of £75 was imposed. Four cases were disposed of to-day and the remaining case, following disagreement by the jury, will be heard next session. Great public interest has been taken in the trials and a large crowd was in the Court to-day when sentences were imposed. Those sentenced were: —William Henry Lash, of Stratford, and Robert Mascall, of New Plymouth, each three months' hard labour and ordered to pay £25 of tho costs of the prosecution, in default another month in gaol; Sidney Hoy Lovell, of New Plymouth, two months' hard labour and pay £25 of costs of prosecution,' in default, a further month. Sentence if Called On Frederick Charles Han ke, of New Plymouth, was ordered to seme up for sentence if called on within two years on the following conditions: —(1) Within a month pay £lO of costs of prosecution; (2) take out a prohibition order for two years and during that time to abstain from taking intoxicating liquor and from loitering about licensed pre•mises; and (3) during two years not to back a horse or lay odds. When tho Court sat Lovell was first called and stated that he desired fc) change his former plea of not guilty to one of guilty of carrying on the business of a bookmaker. Mr. A. A. Bennett, who appeared for all the accused, said the prisoners had decided to accept His Honor's ruling as to the admissibility of certain evidence and not to proceed with an appeal. Depression and letting Counsel asked the Court not to send the prisoners to gaol and in estimating any fine that might- be imposed to take into account the fact that the quantum of any fine now was very different from what it was two years ago. Bookmaking to-day was not what it was in the past on account of the system of place betting and on account of the depression, which had crippled the business even for the bigger men. Counsel said that Lash was a married man with three children. Although the evidence showed records of 182 bets they did not represent a large amount of money. In the case of Mascall counsel said he was a married man, 54 j ears of age, with a wife dependent on him. The 104 bets referred to in the case were largely duplications and represented a small sum. The jury had made a strong recommendation to leniency for Hawke, whicji counsel said he hoped the Court would give effect to. He was 43 years of age and had three children. Lovell was a married man, aged 41 years, and had five children. His business was that of hairdresser and tobacconist and the latter branch had been cut into during recent years by "cheap shops." He had adopted bookmaking in an attempt to improve his position. "Deliberately Flouted Law"

In addressing the prisoners the Judge dealt with Lash first. He said that Lash could not be treated as one who on being caught had decided to take what was coming to him like a man by pleading guilty before a magistrate. "You have deliberately flouted the law," said His Honor, "by systematically carrying on an unlawful business. That is a serious offence, but there is a considerable body of public opinion opposed to this law and in view of that there is no doubt some excuse for such conduct.

'"But you have made your case infinitely worse. You knew from the evidence in the lower Court that no honest man could conscientiously find you not guilty and you deliberately elected to be tried by a jury- in the hope and expectation "that yo\i might be ablo to get a jury or one or more members of a jury sufficiently unscrupulous and dishonest as; to perjure themselves by disregarding the oath and secure a verdict of not guilty or a disagreement.

"Fortunately for the reputation of integrity of the jury panel of this district you failed and IS honest men found you guilty. In these circumstances it would be a breach of duty to let you escape with a fine.'''

The view which many of the public took of this law was to regard the offence as venial, the. Judge said. He took it the public did not appreciate the effect of a jury disregarding its oath and the effect of that on the administration of justice. He did not know whether the prisoner appreciated that, but he assumed he did not. The sentence of the Court might be two years, so Lash could consider that in the sentence to be imposed' he was receiving lenient treatment. Saved Cost of Second Trial i

Dealing with Maseall His Honor said that the same general remarks applied to him as to Lash. He had been found guilty on one count, but His Honor said ho could not see in face of the evidence how the jury had acquitted him on. other counts. It might have been a compromise on account of one or more recalcitrant members of the jury. Regarding Lovell His Honor said the jury had disagreed, but he had now come forward and pleaded guilty and so saved tlio expense of a: second trial. The same observations as the Judge had made to Lasli applied in this case. Ho took into account that prisoner's action in now pleading guilty had saved the cost of another trial and regarded that as a mitigating circumstance. In the case of Hawke His Honor said tho jury had recommended him to leniency because they regarded him as the tool of someone else. "I propose to endeavour to make you follow some lawful occupation and find somo other means of earning a livelihood," said His Honor. After setting out tho conditions he warned the prisoner that If he failed in tho observance of any he would "be brought up on that offence and would also be punished for this offence. He had inado the condition as to abstaining from making bets because of the difficulty of getting proof of bookmaking charges. Ho pointed out to the prisoner that it would be easy to prove a breach of any of the conditions which had been imposed.