RLID ON AN ALLEGED GAMING HOUSE.

Otago Witness, Issue 2273, 23 September 1897, Page 34

RLID ON AN ALLEGED GAMING HOUSE.

At tbe Dunedin Police Court last Friday, before Messrs R. Onirfholm and A. G. Christopher, J.P.'u, Peter Grant, of tho firm of B*r« nett-and Grant, turf Agents, appeared to amwer a charge of being the occupier of a house which was occupied and used as a common gaming house. Mr Sim appeared for the defendant, rtho pleaded not guilty, and Inspector P*rdy conduoted the case for the prosecution.

Inspector. Pardy asked the benoh to adjourn tbe case until Thursday next, so that; it might be heard before the magistrate. Technical points might arise which their Worships might not babble to deal with.

Mr Sim bad no objection. He might not be inDunedin next Thursday, but if not Inspector P*rdy hvd agreed to a turther adjournment. He would like to bring a. matter before the bench in connection with the oase. The charge was kid under the Gaming andjJDotterios Acfc of 1881, section 3 of which provided for the issuing by a jmtice of the po»ce ©f a warrant where it was suspected that a gaming house was being kept, and thq warrant was to authorise th-s person to whom it, was addressed to seize all tables and instruments of gaming found in each house, room, premises, or place, and all moneys found therein. A warrant was is6U«d tinder that s-c'.ion, and tbe office of Mr Grant had in the Arcade was searched and a number of books and papers belonging to him taken away. He ([Mr Sim) thought Inspector Fardy admitted now that these were not " tables or instruments" of gaming w.ithin the meaning of the act, and that they should, therefore, be delivered back to Mr Grant, who would like their Worships to express an opinion ou tbe matter before getting them back. Inspector Fardy suggested that >f thty were given back Mr Grant should undertake to produce them on the hearing of the oase, and nob to slier them in the meantime in any way. Mr Grant was willing to give that undertaking, and with that Inspector Pardy would be satisfied and would give up the books. Of course, defendant said the constables had no right to seize them ; bat ho' did not raise any question about that if they were given back.

Inspector Pardy said that, as regarded tho seizure of the books, Mr Sim had miiunderstood him. He claimed the right to take the books on the ground that they were instruments. That, however, was beside the question. He was willing to return the books on the guarantee that they would be returned to the court in the same state as they were at present, and in the courie of the day he would hand them over to the defendant.

Mr Sim said tbat, on behalf of Me Grant, ha would undertake that they would be produced.

Mr Chisholm remarked that he did not think it was necessary that tbe bench should, express any opinion on the mutter. Mr Sim laid that Inspector Pardy wished the question to be mentioned openly. The case was accordingly adjourned till, Thursday next*

Frederick James Broad and a youth named William Whtlan were then charged with unlawfully and knowingly assistiog Peter Grant in keeping a common gaming house. Mr Sim on their behalf pleaded not guilty, and the case was also adjourned till Thursday. The question of bail being raised, Inspector P*rdy^ said : In the case of Grant I have no objection to taking his own bond, but I think the assistants should be provided for in some way.

Mr Sim : Will you accept Mr Grsnt'i bond for them too ? Inspector Pardy : Yes.

Mr Sim : How much security do yon want ? Inspector Fardy : £10. I don't; suppose they are going to run away, bat it is necessary to go through certain formalities.

Defendants were forthwith liberated ou the terms stated — Grant baing bondsman for himself and the others in the sum of £10 each.