SPORTING.

New Zealand Times, Volume LXVII, Issue 3439, 21 May 1898, Page 2 (Supplement)

SPORTING.

BY “SILVERSPUR." SHOP BERING. The sentence of two months’ imprisonment passed on three Christchurch bookmakers by the Stipendiary Magistrate of that city may appear rather still, but owing to the prevaiianco of a general concensus of opinion that “ shops ” must be stamped out, Martin Taylor and his friends wore not given the option of a fine. Two appeals have been lodged against the sentence, but whether either of tho parties appealing have a good case is a matter that has yet to be determined. The full decision of Mr Beetham was not telegraphed to Wellington, and as it is of some importance, the text may as well be given. The Stipendiary Magistrate said; —“ These are prosecutions under the Hth section of the Gaming and Lotteries Act, 1881. Taylor and Randall plead guilty. Higgins pleads not guilty. I entertain no doubt whatever that Higgins is tho occupier, with Randall, of a common gaming house, and is a partner with him in these gambling transactions. He is, therefore, convicted. It is not ray purpose to enter into any lengthy dissertation upon the evils cf gambling, except to say that it is an evil which is assuming in this community gigantic proportions, andf is rapidly demoralising tho youth of this colony. That the Legislature regards gambling in this light is evident from the drastic provisions in the various Acts passed from time to time in view of its suppression. Dealing recently with offences of this description. I found it necessary to inflict severe punishment. Experience showed me that fines were useless, but that when I had used the powers of imprisonment given by the Acts the evil was at once chocked. The nefarious and surreptitious practices carried on by the defendants in the cases now before me are of a much more serious nature than those I recently dealt with. These “tote shops” (so-called) are simply nets set in defiance of the law, to ensnare the youth of the colony in the vicious practices of gambling, to the gain and profit of those persons engaged in the traffic. In one of the books seized, I find beta registered to the number of 1400, extending over the whole colony, of amounts varying from 40s to 2s 6d. The defendants have pursued their illegal calling with tho full knowledge of the risks they ran in so doing, and with the facts of recent convictions before them. They must take the consequences of their actions. The penalties under the eleventh section ot the Act are alternative, a fine of .filOO, or six months’ imprisonment with hard labour at the option of the magistrate* They are each sentenced to two months’ imprisonment with hard labour, and ordered to nay the costs of the prosecution.” One offthe defendants has now appealed on the ground that he was not a partner, and Taylor, who was not present when judgment was given, has appealed upon tho following grounds : —(1) That there was no evidence in support of the information to justify the conviction; (2) that the decision of the magistrate in so convicting under the circumstances of the case was erroneous; (3) that the appellant is of good character and evidence hereof will be produced; (4) that the presiding magistrate insisted upon calling evidence after the appellant had pleaded guilty ,- (5) that the punishment to which the appellant was sentenced is excessive. According to a report in a Christchurch paper Mr Stringer, who appeared on behalf of the Crown, said that it was a most extraordinary thing that a man should plead guilty, and as soon as he was convicted lodge an appeal. He had never heard of such a thing being done before. With regard to the clause of the notice that the punishment was excessive he thought it was the only thing the appeal could stand on. The oiroumstunoes all went to show that this was not a genuine appeal, but simply an attempt to evade the law and defeat the ends of j ustice. ITnless stronger grounds were brought forward his Worship ’should insist upon substantial bail. Mr Beetham said he consider ed-the appeal to be a frivolous one, and it was the first of its kind in his experience, extending over thirty years. He was, therefore, justified in dealing with it in an exceptional manner. The appellant would be required to lodge a sum of 41500 as security, made up of two sureties of 4300 and hia own recognisance of 4500.