DAVIS DEALT WITH.

NZ Truth, Issue 817, 9 July 1921, Page 6

DAVIS DEALT WITH.

Barman Who Made Bets Bowled Out. A few days ago Mr. F. K. Hunt, S.M., delivered his reserved judgment m the case of Reginald John Davis, a barman who was charged with using t,he bar of the Occidental HotPl as a common gaming house. The evidpnoe has a.lrendy appeared tn "Trufh," as to how two police probationers, named Nalr>fr and Smith, made several "father successful beta with Davis, and received "divvies" for same. The process, so -'Truth" is informed, would have continued for a longer period but for the fact, that the Bookmakers' Self - Determination League's private enquiry agent caught the scent of the probationary policemfn coming flown the wind. The result was that "all bets were off" and the Occidental Hotel bar was raided m double quick time. The following legal defence was raised by-Mr. H. F. O'Leary: (1) That the knowledge of the licensee must be proved before the house could be declared a betting house; (2) proof of habitual us,er was required, as isolated bets were not sufficient to make it a gaming house. Hi» Worship, m brushing- aside the legal points, said that he had come to the conclusion that the .Act aimed at localisation of betting. Dnvis had carried on his betting business behind the bar and he had exclusive control of that portion of the bar-room. This portion, was not a place he 'used m common with other persons, therefore the licensee's knowledge was not necessary to be proved before a conviction could be. securedIn regard to the question of "user," his Worship said that although it was true that one or two isolated beta would not constitute a betting- house, there was evidence of seven distinct bets m the present case, and m addition the licensee had deposed that he had warned Davis to give up betting and the latter -had promised to do so. Davis was convicted and hit to leg for £100, m default three months' gaol. Alternative charges against him were withdrawn.