THE TOTALISATOR IN COURT.

Otago Witness, Issue 1575, 21 January 1882, Page 14

THE TOTALISATOR IN COURT.

At the City Police Court on Tuesday, before Mr E, H. Carew, R.M., Robert D. Pine, hairdresser, carrying on business in High street, was brought up charged on two informations with breaking the provisions of the Gaming and Lotteries Act. The first charged the defendant for that "within the space of six months last— to wit, on the lGth of December, ISBI, at Dunedin, in the Colony of New Zealand, being theoccupior of a certain room in a certain houso situate in High street,- in Dunedin aforesaid, to wit a room on the ground floor of the said house, unlawfully did open, keep, and use the said room for the purpose of money being received by him, he as and being such occupier as aforesaid as and for the consideration for an undertaking, promise, and agreement by him thereafter to pay and give money on the event of a certain horse-race, to wit the Southland Jockey ©lub Handicap, to be run on the day aforesaid at Invercargill, in the Provincial District of Otago." , The charge in the second information was that he on the same date "unlawfully did keep a certain common gaming-house situate iv High street in Dunediu, and in the said common gam-ing-house unlawfully did receive certain money, to wit the sum of £1, as and for the consideration for an assurance, undertaking, promise, and agreement by him to pay and give thereafter a certain other sum of money on the event of a certain horse-race, to wit the Tradesmen's Handicap, to be run on the 10th of December, 1381, at Invercargill, in the Provincial District of Otago." Mr Haggitt prosecuted. Mr Denniston appeared to defend on the first information, and Mr Stout on the second. Mr Haggitt explained that the informations t were both laid under two sections, as one in ! each instance disclosed the offence, and the other stated theuinnishment. On the 16th'of December last racW were taking place at Invercar* gill, and the defendant inad.e use of a totalise

! tor for the purpose of having betting on each event. Ho had rented from Mr Watson, of Watson's Hotel, for some considerable time past, an apartment which he usually used as a hairdressing establishment, but which, when there was anything taking place on which bets could be made, was turned into a gamblinghouse. Detective Walker deposed: I know the defendant. He had a hairdressing-room at the foot of High street, and had occupied the place for two or three years. I was in the shop at 3 p.m. on the 16th of December last. Races were going on at Invercargill on that day. Mr Denniston submitted that tho witness could not know this of his own knowledge. Witness : I knew by the newspapers, from which I get all my news. Mr Denniston requosted that his Worship should put down on his notes that the witness did not know the fact of his own knowledge. Mr Haggitt: Put it "from information received."— (Laughter). It does not signify much how the thing is stated. Mr Stout : It matters a great deal in the case in whicli I am engaged. Mr Denniston: As well as in mine. Mr Stout : To prove that there was betting on a race you must prove first of all that there was a race. If there was no race there could be no offence. Witness continued: The defendant was working two totalisators. On the one was posted up " Southland J.C. Handicap." and above three holes were the names " Tasman," " Adamant," and " Volunteer." In each hole there was a movable number. When I went in the total number of persons betting was 32. A gentleman backed a horse in my presence, and the total was altered to 33. It was afterwards increased to 36, another gentleman buying three tickets. [At the request of Mr Haggitt the witness here described the manner of working a totalisator.] No money passed in my presence. The dividend on the race was £2 12s. His Worship : How do you know ? Witness : I saw it posted on the window of the defendant's shop. Messrs Denniston and Stout (indignantly) : Oh! Mr Haggitt : What was posted on the window? Witness : " Southland J. C. Handicap— div. Tasman, £2 125." There was another race the same day, on which the other totalisator was being worked. On the totalisator was posted : " Tradesmen's Handicap --Atlantic, Brewer, and Flageolet, Mameluke, Rawdon, and Volunteer." The latter I know to be the names of racehorses. The dividend on this race was £7 4s. I was asked by the defendant to " put up a pound " on the race, but declined to do so. James Ballantyne White, tobacconist, was called, but appeared to give his evidence unwillingly. He did not remember the 16th of December, nor the occasion of the Southland races. Mr Denniston : I think, your Worship, that the usual caution not to criminate himself should be given to the witness. Mr Haggitt : I should say that caution had already been given to him. Witness continued : I remember seeing Detective Walker in the defendant's place several times, but'not on the day the Southland J.C Handicap was run. I do not remember the day on which the race was run. I know the race was run on some day or other. , I saw a totalisator in Pirie's shop, but I do not know that it was working. Ido not know the horse Volunteer, for I never saw it. I have seen the name in the newspapers. Mr Denniston again raised the question whether the witness should not be warned not to criminate himself. His Worship (to witness) : If you give your evidence as you are bound to by oath, you may afterwards ask for a certificate that you must not be proceeded against. Witness : Give me a certificate first, and then I will give evidence. Mr Haggitt : We'll give you something else if you don't mind. I call your attention to the I occasion on which you were present at the defendant's place, and when Detective Walker was present, and ask you what took place then. Witness: I did not take any particular netice of what took place. Mr Haggitt : Did you take a ticket on the Southland Handicap 1 Witness : I decline to answer. His Worship: I think you are bound to answer the question. Why don't you answer ? Witness : I think it might tend to criminate myself. After argument, _ His Worship said : I will tell the witness that he can get a certificate after he has given evidence. If he does not give evidence, he may take the risk of what may possibly follow, Mr Haggitt (to witness) : What did you do in Mr Pirie's in connection with this Southland Jockey Club Handicap, on which the totalisator was being used— what did you do ? Witness : I went into the shop. What did you do in the shop?— l looked around, in the same way as the rest did. Well, you are approaching very cautiously, Mr White. Get on. What was the next thing ?— Then I looked around again. Did you see the totalisator ?— I looked at it once. Did you see Mr Pirio?— Yes, I saw him once. t Did you see anything in his hand? — Not to my knowledge. Did you see anything on the totalisator I—l1 — I could not swear that I did. Did Mr Pirie give you anything ? — Ho gave me a piece of paper. What did you do with it ? — I put it in my pocket. What was on it?— Dunedin Cup, 1880. Was there the name of any horse ?— No ; nor the number of any horso that I know of. Did you give anything for this paper ?— No. . Not then nor at any other time ? — I did not. That I will swear.— (Laughter.) I did not sec the totalisator altered. I did not see anybody else give anything. I did not go next day to see what the result of tho race was. Patrick Fagan, hotelkeeper in George street, was called, and said he would rather not give evidence. His Worship : If you get a certificate that will hold you harmless have you any objection to giving evidence ? Witness : No. In answer to Mr Haggitt. The witness said : On the 16th of December I took a ticket from Mr Pirie on the Tradesmen's Handicap, for whicli I paid £1. On the ticket was the figure 1. 1 kept the ticket till tho race was run, when I took it up to Mr Pirie and got the dividend, £7 4s. Volunteer was the horse which won the race. I learnt this from a telegram in the window of defendant's shop where the dividend was announced. Mr Stout : I understand that you got a ticket, and afterwards exchanged it for £7 4s ? "Witness * "Y"os James Watson deposed : I keep Watson's Hotel. I know the defendant. He leases a hairdresser's shop from me, He has been a 1 tenant pine© February sth, 188,0. He, was

occupying the premises on the 16th of December last. This was the case for the prosecution. Mr Stout submitted that no case had been made out. It had not been proved in the first place that a race had been run. Then section 14, under which the information had been laid, referred to a bet, and in it no mention was made of a totalisator, which surely was not a bet. Again, the information disclosed several offences. Mr .Denniston pointed out that Detective Walker had described totalisators in general— not the defendant's— and in his description all the preliminary portion of the process had been left untouched upon. He submitted that the person in charge of a totalisator was in the position of an agent for those who used it. The defendant gave no money ; he only hold j it in trust for a time, and took a commission for his trouble. The conclusive point in his case was, however, that no money had been paid. Mr Haggitt having replied, His Worship intimated that he would reserve his decision.