BOOKMAKER PINED

New Zealand Times, Volume XXXII, Issue 7271, 29 October 1910, Page 3

BOOKMAKER PINED

PENALTIES AMOUNT TO FIFTY -POUNDS. ONE CHARGE DISMISSED. At the Magistrate's Cemrt yesterday, before Mr W. G. Riddell. S.M.. the three charges arising out of the alleged street betting and laying of "tote odds, whcih were adjourned from Friday last, came up fo |amu a ci i I?a.ac g was charred with (1) bejna in Willis street on October 10th for the purpose of betting; <2) being a bookmaker ho did malic a hot- in Cuba street on October ICth with Thomas .Jones on the New Zealand Cup at Christchurch; and (3i on October Ist he did make a oet tpiUi Thomas Jones unon the result of a horse race, namely Dreadless, in the Marangi Handicap, whereby he agreed to _ pay Thomas Jones, should the horse win, a sum of money upon the result of the wording of the totalizator. Chief-Detective Broberg prosecuted, and Mr E. J. Fitzgibbon appeared for the accused. “TOTE” ODDS. The third charge, laving “tote” odds, was taken first. The evidence went to show that on the date in question Constable Thomas Jones was doing special plain clothes duty under the direction of Detective Cassels. Ho met Isaacs in the Empire Hotel, and invested .£1 on Dread less in the Marangi Handicap, Wanganui. Drcadless ran second and paid a dividend of £1 3s 6d. which Isaacs refused to pay, though .he acknowledged the bet. Ho pat forward family troubles as an excuse for not paying. Mr. Fitzgibbon held that the Information must bo dismissed on the grounds that it was necessary under section 52 of the Gaming Act, 1908. to prove all the -facts mentioned in the indictment. The prosetion had failed to prove that a race was run on tho date of the alleged_ offence, that a totalisator was used at the faces, or that thero was any agreement to pay “tote” odds.

In reply to Mr Fitzgibbon, Chief-Detective Broberg contended that it was not necessary to prove any of the facts mentioned. Ho quoted a hypothetical ca.«e of two men making a bet at "tote” odds on a race to bo ran on the following dav. and before ■the race took place the “tote” was destroyed and the race postponed. “In such a case.” said the chief-detective, “tho offence would be complete as soon as tho bet was made.” His Worship said that as the accused did not call any evidence the case for the prosecution was unchallenged, and that went to show an agreement between the parties. Accused was convicted, but his Worship refrained from fixing the penalty until tho other charges wei-e heard. STREET BETTING. The civdence in respect to the other two charges went to show that Constable Jones met Isaacs in Willis street on October 10th. and both adjourned to the Empire Hotel, whore a bet on Boanerges in the New Zealand Cup was made. Later on the same day Constable Jones met Isaacs in Cuba street and booked a bet with him on California in tho New Zealand Cup. Mr Fitzgibbon held that there was no evidence to show that a bet had been made in Willis street. The evidence made it clear that the bet was made in the Empire Hotel. Chief-Detective Broberg; A substantial part of tho transaction was completed in Willis street. His Worship said ho was not prepared to convict on the first charge, for it was shown that the best was made in tho Empire Hotel, but on the charge of betting in Cuba street, accused would be convicted. HEAVY PENALTIES. On tho charge of laying “tote” odds Isaacs was fined £2O. and on the charge of betting in Cuba street he was fined £SO. Costs of 7s were allowed in each case. His Worship refused to fix a default. Chief-Detective Broberg: I ask that the accused be detained until the distress warrant is returned. Mr Fitzgibbon asked for two weeics in which to pay the fine. His Worship refused even a week’s time, but allowed twenty-four hours to find the money.