GAMING HOUSE CHARGE

Otago Daily Times, Issue 25736, 6 January 1945, Page 6

GAMING HOUSE CHARGE

FINE OF £IOO . IMPOSED MAGISTRATE’S WARNING A charge of keeping a common gaming house was preferred against Samuel Hartley; a clerk, aged 49, in the City Police Court yesterday before Mr H. W. Bundle, S.M. The defendant, who was represented by Mr A. G. Neill, pleaded , guilty. Chief Detective T. Y. Hall said that the defendant’s house in Lynn street was raided by two detectives at 11.50 a.m. on December 26. The defendant was at home at the time the detectives called, and he invited them, into the house. They went to a bedroom, which was found to be equipped with a telephone. Two betting sheets were found containing records of Bets taken at various meetings from Auckland to Gere, the total amount of the betting involved being £74. In a desk the detectives found a list containing 23 noms de plume. There were a number of double charts and also two “ picks.” The defendant admitted that he had used his house for the purpose of carrying out betting transactions. Mr Hall added that the defendant had been before the couit twice previously for carrying on the Business of a bookmaker, ■ and on the second occasion he had been fined £ 125. The defendant did not appear to do any other work. Mr Neill said that on the day the raid had, been carried out there were race meetings all over the Dominion. He submitted that the amount taken* in bets did not disclose that the defendant was in business in a large way. The defendant had been in hospital for some time. “There has been a tendency,” Mr Neill continued, “for magistrates to impose terms of imprisonment in these cases, but I hope the court will take a realistic view of the position.” Counsel said that if bookmakers were sent to gaol, “the business would be driven underground.” (. Th£ pnagistrate: Is it being carried out/openly at the present time? Mr Neill said that it might be very difficult to obtain evidence against bookmakers if. prison terms were imposed. He also pointed out that if a man were sent to gaol for bookmaking it would mean that the taxpayers would have to keep him while he was there. He also emphasised that bookmakers had to pay income tax on their turnover from bookmaking. The magistrate said that it was a little difficult to deal with the case in view of ..the defendant’s previous convictions. In view of all the circumstances;) however, he would impose a penalty of £IOO, default being fixed at two months’ imprisonment. “ I want you' to understand this,” said the magistrate, addressing the defendant, “that if you come before the court again you will receive no consideration.”