PROTECTING WITNESSES IN GAMING CASES.

Otago Daily Times, Issue 11399, 17 April 1899, Page 3

PROTECTING WITNESSES IN GAMING CASES.

Mr Poynton, the stipendiary magistrate down south, gave an indemnifying certificate to a witness in a gaming case .heard last week. The persons charged were Francis O'Raw and John Sinnott, they being brought up on three informations alleging that they laid totalisator odds at Riverton on Easter -Monday. The Southland Times' report states that Detective M 'Ilveney deposed that defendants were moving suspiciously among the crowd on the racecourse aud making entries in a book. After the third race saw O'Raw working, out a calculation in a book, apparently from figures on' the totalisator. Witness demanded to see the books, and Sonnott hanc/ed him two. They asked him to give them a show, and that thoy would slop it anel clear ofy the course. After some conversation they agreed lo pay back £. odd to investors, and he told .them he would consider what should bo done. The entries in the books showed that they had paid out- totalisator odds. They were not doing straight-out betting. Constables M'Auliffe and Walker gave corroborative evidence. George Mason, the next witness, asked by the sergeant if he had laid totalisator odds with the accused, refused to answer the question on the ground that by doing so he would incriminate himself. The sergeant pointed out that the witness was bound to answer, and that the court had power to indemnify him. According to clause 1 of " The Gaming Act, 189.," that act was to be read and construed as a part of " The Gaining and Lotteries Act, 1681,*' clause 30 of which empow-ered the granting of a certificate of indemnity to any person who, being examined as a witness, " shall make true and faithful discovery to the best of his knowledge of all things as to which he is so examined." His Worship informed the witness that if he made a true statement he would get a certificate from him which would exonerate him from any penalties he may have incurred. The witness then proceeded to, .give evidence, staling that ho had not taken tote odds; that he made a straight-oul bet. Another, witness stated that he gave accused money -to put on various horses. _ There was no mention of how they were going to pay but got a bet according to Malisator rate. Francis O'Raw deposed that he did no tote betting on-the Riverton course. Ho mis doing-straight-out belting. The detective told him that if lie was laving straight out he would not interfere. John Sinnott, clerk to. O'Raw..deposed that he had nothing to do with 'ihe money. O'Raw engaged him in Dunedin to go to Riverton; he was to be paid 10s per day and expanses. His Worship convicted nnd discharged accused on the first charge, and fined them £5 on each of the other two, with costs—in all £10 16s 6d each, and allowed them till the following morning to iidv: in default, one month's imprisonment. Mr JVTacalisler applied for the books in possession of the police, but his Worship deferred decision on that point.

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