GAMING CHARGE

New Zealand Times, Volume XLVII, Issue 10811, 29 January 1921, Page 7

GAMING CHARGE

BOOKMAKING ALLEGED UNUSUAL FEATURES' IN AUCKLAND CASE. ' EXEMPTION FOR WITNESSES. I>ER PRESS ASSOCIATION. AUCKLAND, January 28. John Weston was charged at the Police, Court with having carried on the business or occupation of a bookmaker. He took advantage of the recent amendment of the Gaming Act and elected to be tried by jury. The original charge that Weston, knowingly and willingly permitted his premises to be used as a common gaming house was also- made. Accused pleaded not guilty to the latter charge. An unutual feature was that several men who had been arrested on Weston’s premises and charged with having been found in a common gaming house elected to give evidence on behalf of. the police, but the first of them hesitated .to testify against Weston in case he in"criminated himself. 'The magistrate pointed, out the peculiar position in which the man was placed. Under section 59 of the Gaming Act, in ordinary cases, said Mr Poynton, a witness could refuse tP answer questions if they tended to incriminate himself. In oases under the Gaming Act, however, it was provided that where a witness spoke’ the' truth as far as his memory served, he would bo given a certificate from the court, the issuing of which prevented any proceedings against him arising out of the case, and a witness who refused would be dealt with as one who refused without lawful excuse. The chief detective said it was certainly to the adavntage of the witnesses in question to speak the truth as the charges against "them would drop automatically if certificates were issued. In evidence regarding the first charge Detective-Sergeant Hammond, - stated that among the documento seized was the following printed notice:— Not wishing to break the law I beg to state that I am now following the occupation of an- electrician at my usual address, where all work will 'be faithfully carried out, as in the past. Thanking you for past favours and hoping for; a continuance of same in the new depart-,, ment.—Yours respectfully, John Weston. Evidence was given by men who had visited the premises,- the magistrate saying that certificates would tie granted except in one instance, in which the witness, said he .had known accused for about four years as bookseller and stationer. Witness admitted having made a statement to the police, but said he was a hit dazed, and he had a very had memory. After being questioned by the chief detective witness admitted he had gone to the place for the purpose of making ass bet. - Weston was committed for trial on , bail-Chief-Detective - McMahon ■ asked leave to withdraw the charge against the witness, who had been refused, a certificate. The charges against the other young men arrested would drop automatically. Regarding the other charge against Weston the chief deteetiv e said he would probably withdraw it on Monday, until when he asked, that the matter be allowed to stand over.