POLICE COURT, OUTRAM.

Otago Daily Times, Issue 11254, 26 October 1898, Page 4

POLICE COURT, OUTRAM.

TuEsn,.., Octobee 25. . (Before Mr E. H. Carew, S.M.) . .CHARGE OF PERMITTING GAMBLING,

William Hall Anderson, licensee of-the Ter» minus Hotel; was charged with suffering'"an unlawful game—viz., throwing dice for. drinks— to be carried on in his licensed premises on the 20th ult. He was also charged with, on ;the same date, throwing dice ior money.—Sergeant; O'Neill conducted the prosecution, and Mr A. C. Hanlon appeared for defendant. Sergeant O'Neill said he hoped to prove thai, gambling took place on the 29th ult.,■that play commenced about 9 p.m., and continued until about 3 a.m.; that defendant took pait in the game, which was carried on for drinks arid money, and cashed a _S-note for.one person who was playing. . _

Colin Anderson, the first witness, stated that three or four of them played Yankee grab for shillings and drinks, but he couldlnpt say that the landlord sa.w them. Defendant stopped the game at 10 o'clock, and it was at this time that one man changed a £5-note. They all stopped playing, and witness went home. "He thought the landlord had a shilling in for drinks when he stopped the game, ln crossexamination the witness said that to the best of his belief the 1 —idlord joined in the shilling in when the game was stopped. The landlord the., said that he did not allow such'games to be played.

James Little in his evidence said he did not s.e the landlord take part in the game. John. M'Leod and Thomas Drennan also gave evidence. . -.'-.:

Patrick Sloan, dealer, said he had been shaking dice during the evening of the 29th ult. They knocked off about closing-up' time. The lan-lord. or someoie changed a .—-note for witness. Could not say how much he had lost as he had been shouting freely. Would not be positive whether the landlord took part'in the game

Mr Hanlon, for the defence, submitted that thero was not sufficient evidence to secure a conviction. There was no evidence of knowledge on the part of- his client that the'men were shaking dice. The only evidence was that of Anderson, and he was not positive. He called AVilliam Hall Anderson,, who denied-that he knew gaming was going on in the house. About 10 , o'clock he discovered some men throwing dice. Ho stopped them at once, and did not take part with them at all.' He never took any drinks to the room. Constable Carmody took dice'and a box; out of a man's pocket some time ago, and he had not seen them since. In cross-examination witness said he was in the billiard room all the evening, not in the bar. The dice box was returned to him,' not the dice. ■■■■_'

Robert Anderson, defendant's brother, also gave evidence.

- His Worship, in dismissing both charges, ■: said without doubt it had been proved'that an unlawful game had been carried on for overan hour, but before he could convict it'must be shown that defendant knew.of it or wilfully shut his eyes. The only evidence as to that was Colin Anderson's, and he gave his evidence hesitatingly. He had a (Suspicion that the witnesses for the prosecution were not telling all they knew. The charges must.be dismissed.. CRUEL-- TO ANIMALS, .ft John Stevenson, farmer, Otakia, was charged, on the information of R. T. Aitken,' inspector for the Society for, the Prevention of Cruelty to Animals, with omitting to supply two cows with proper and sufficient food. -,-■ • -' Mr Allah (Mosgiel). appeared for the society,' and Mr- A. C. Hanlon for the- defendant, who pleaded not guilty. ..-,,'■- For • the prosecution evidence was given by Constable Carmody, of Outram, Mr A. Hamilton, V.S., and Inspector Aitken to prove .that the cows referred to in the information were insufficiently fed, and that a number of defendant's cattle were very thin and starved looking.' Inspector Aitken stated that when he visited defendant's farm and inspected the cattle; he. told defendant that the place was evidently overstocked, and that he should .procure soft food for the dairy cows or he would-lose some at calving time." Defendant then told him that his turnips had given out about two weeks previously. For the defence evidence was given by Malcolm and Margaret Stevenson (son, .and daughter of defendant), Hugh Mosely,- AVilliam Adams, Peter Leith, David Sutherland, Lawrence Moir, James, Bruce, and Joseph Allen. His AVorship fined defendant £1 5s in respect to each of the two cows, with. £1 _s 6d witnesses' expenses, £1 lis 6d professional costs, and '18a • costs of court (£6 4s in all). - -, ft-