THE GAMING AND LOTTERIES ACT.

Otago Daily Times, Issue 6780, 7 November 1883, Page 2

THE GAMING AND LOTTERIES ACT.

THE TOTALISATOR CASES.

At the Police Court, yesterday morning, Thomas Barnett was charged with having on thesthinst. unlawfully kept a.eer-_il»-~o»"*°«™-B ».„i =i4 -uvx )B3r - o itaate in""Cowling Btreet, and known as "Tattersall's Club," contrary to " The Gaming and Lotteries Act 1881." Inspector W°'don said that it was only on the previous night that proceedings had been commencod, that a good deal of investigation was necessary, and that consequently he applied for an adjournment for a woek. His Worship (Mr Carew): Under what sectiou of the Act do you bring the charge? There are two parts of the Act dealing with a common gaming-house—section 28 and sections 3, 4, and 5. Inspector Weldon: Under sections 3 and 4, at present. I wish to get legal advice, I may say. Mr Solomon : Surely your Worship will not grant an adjournment to enable the police to get legal advice ? Inspector Weldon: I just stated that between my broath, not thinking it would be taken advantage of.—(Laughter.) We want to get the case up. Mr Solomon Vould not have opposed the adjournment had it not been that the police, after entering the premises, bad taken away every article found in the place and on the persons of the defendants. Inspector Weldon: Which we are entitled to do. Air Solomon did not deny the right of the police. But his client bad had a number of documents taken from him which would prevent him carrying on his business—papers in no way connected with this case. Inspector Weldon: Wo won't keep thorn, Mr Denniston: I appear for a numbor of others connected with the case; and as I expect to go to Wellington on Saturday, an adjournment until next week would be very inconvenient. If this charge is to hang over, it will be a serious matter to my clients. The polico took hold of them, and, having arrested them, should be prepared to proceed with the charge within a reasonable time.

Inspector Weldon offered to give up to the defendants everything that was not connected with the case, but said that the betting-books the police certainly would not give up. Mr Denniston objected to an adjournment until next week, as he had to leave for the Court of Appeal, besides which the charge was discreditable to those concerned, and ought not to be kept hanging over them longer than waß necessary.

'Mr Carew: At present the charge will be adjourned till Tv sday, on the understanding that the police will go on on Thursday if they can.

Mr Denniston: I sha.ll be away by then, and my clients, having instructed me, will be inconvenienced.

Mr Carew: I want to avoid that if possible, but I do not wish to cripple the prosecution with regard to time. The case will be adjourned until Tuesday, and the accused will be admitted to bail in the meantime in his own recognisance of £50.

The following defendants were then charged with " being found in rooms known as Tattersall's Club, Dowling street, Dunedin, used for the purpose of gaming, without lawful excuse, on the sth of November, 1883, contrary to the Gaming and Lotteries Act":—Mark Cohen, Henry Goldsmith, James Wilson, George Maidment, Henry Parsonß, Joseph M'Kay, Frank Kiimartin, William Conner, Henry Wright, William Knowles, Albert Burnett Schott, William Scoones, Thomas John Anderson, John Clisby, and Lyndon Rutledge. Mr Denniston intimated that he appeared for all the accused. He repeated hia objection to the adjournment asked for.

Mr Carew : It seems that theae charges cannot be gone on with until the conviction of the principal offender.

The defendants were remanded until Tuesday next, bail being acceptod in their personal recognisances in the sum of £5.