THE GAMING ACT.

Otago Daily Times, Issue 20611, 9 January 1929, Page 5

THE GAMING ACT.

FISH SHOP RAIDED. A WOMAN FINED. (Special to Daily Times.) CHRITHURCH, January 8. The charges arising out of the two gaming raids made by the police on New Year's )ve were heard in the Magistrate’s Court to-day before Mr E. D, Mosley, l !

.. Robert James Watson Mitchell (aged 56) and Mrs Mary Mitchell (his wife) were charged with using premises at 52 Oxford terrace as a . common gaming house.

Chief Detective Carroll asked that the charge against Mitchell be withdrawn, as it bad been, ascertained that the female defendant was the lessee of the premises, and her husband was apparently not concerned with the betting business. The magistrate said he would not permit the charge to be withdrawn, but would dismiss it for want of prosecution. the case against Mrs Mitchell, Chief Detective Carroll said that the defendant’s fish show was raided, and a search warrant executed. Mitchell was in the shop at the time, and Mrs Mitcheil wag in the back of the premises. On the telephone was found a list showing nearly £ls worth of bets. They were all for that day. uoon after the police arrived at 1.50 p.m. Matron Rodgers answered the telephone and took . three more bets. They were ail winners,” added the chief detective. “ X don’t know if they were P, a id out .or not,” Evidence was found that betting was being carried on, and Mrs Mitchell said that she was doing it on her own account, but he did not think that that was correct. The police found a statement which showed that bets were being taken for some other person, and .that Mrs Mitchell was getting commission. The chief detective read-out a statement which showed that from November 3 to November 10 £312 12s 6d was taken in bets, and that Mrs Mitchell’s commission amounted to £23 0s 6d for the Winton races. On November 16 and 17 £OS 17s pci had been taken, on which the commission was £6 9s 6d. From November 21s to 24 £234 lis 6d was taken, on which the commission paid was £l4 14s. From November 26, to December 1 £l2B 5s was e P, in an d the commission was £6 l os on’ r a „ n A f , r ° m December 26 to Decemas taken in bets. There was a total of over £IOOO represented in that period.” said the chief detective, and in addition double cards and lists of acceptances were found. I must say that as soon as we entered the premises SuO frankly admitted it, and put no obstacles in our way. I hope your Worship will take that into consideration. 1 think all the same that she was carrying on a fairly extensive business.” D. Sargent, for the defence, said that Aew Zealand was the only country in the world where people could be prosecuted in this manner. The transactions, as a matter of fact, were those of “ laying off —a transaction which took place between people engaged in the business, and "'lnch did not concern the public at all. The woman was really a silver better. She had started business in a very small way because the business of the shop was bad, and she had endeavoured to assist the family finances in that way. It was the first time she had been before the court.

Decision was reserved until the other cases were heard.

Albert Edward Baldwin, a bootmaker, aged 51, for whom Mr Sargent appeared, pleaded not guilty to a charge of being found without lawful excuse in a common e ming house.

The chief detective said that Baldwin was in the shop when it was raided, and said that he went there for iish, but Mitchell said that he went there to find out what had won the last race. Senior Sergeant O’Brien said that after some conversation Baldwin admitted that he had had a bet sonic time ago. Defendant was convicted and fined £3. Charles Shroll pleaded guilty to a charge of being found without lawful excuse in a common gaming house. The chief detective said that Shroll

came to the place after the police had entered, and when he found the front way shut he went to the hack. He was anxious to back Cardinal Logan. He saw Matron Rogers at the back door and asked where Mrs Mitchell was. He was told that she was engaged, and made his bet with the matron. Defendant was convicted and fined £2. Patrick Walsh, aged 43, and Robert Michael Cox, ■ aged 42, both described as bookmakers, were each charged with carrying on the business of a bookmaker and keeping a common gaming house at No. 66 Hills road.

Albert Khouri, aged 33, also described ns a bookmaker, was charged with being found without lawful excuse on the premises of a common gaming house. Mr J. K. Maloney, who appeared for the three men, applied successfully for a remand until February 15. Walsh and Cox were each released on bail fixed at —self £IOO, and one surety of £IOO, Khouri was released on a bond of £5 and a deposit of £5. Dealing with Mrs Mitchell, the magistrate said the morality or otherwise of bookmaking did not concern him, but the breach of the law did. “Of course one does not go about with one’s eyes closed,” said Mr Mosley, “and though there have not been many prosecutions for this sort of thing in the last two years in Christchurch, I am afraid that vou are not the only booker- in this city. Until the chief detective and counsel addressed the court I felt that you ought to be mulcted in a very. heavy penalty, but the fact that you put no opposition in the Way of the police when they were carrying out their duty weighs considerably with the court. I can’t possibly let you off with a nominal penalty, because I have come'to the conclusion that you are in a fairly big way of business. “ I suppose your husband knew all about ■ it," i added the magistrate. “ I don’t like it altogether. It goes against the grain when it is shown that there is a man- hiding behind a woman’s petticoats."

Chief Detective Carroll: I don’t think so in this case.

The magistrate said that he would treat Mrs Mitchell more leniently than would otherwise have been the case. She would be convicted and fined £3O. Mr Sargent asked for time to pay and suggested a month.

. The magistrate: The fact is that there is a bookmakers’ association. Mr Sargent: I don’t know if your Worship knows that officially, but presumably if there is an association. One has to be a member of it, and I am doubtful if she is a member.

Fourteen days were allowed in which to find the money.