IMPRISONED FOR BOOKMAKING

Southland Times, Issue 24056, 21 February 1940, Page 3

IMPRISONED FOR BOOKMAKING

Two Men Sentenced At Auckland COMMENT MADE BY CHIEF JUSTICE (United Press Association) AUCKLAND, February 20. “If it had not been for your conduct in tire box I might have persuaded myself to deal with your case, in your circumstances, not with a fine but with some form of recognizance which would have avoided sending you to gaol but by your conduct you have precluded such a possibility,” said the Chief Justice (Sir Michael Myers) in sentencing Ernest Frederick McNeil, aged 26, and Frederick Angus McNeil, aged 24, to imprisonment on a charge of bookmaking at the Ellerslie racecourse on which they had been found guilty by the jury. Mr J. J. Sullivan, appearing for the prisoners, said the jury’s verdict, was a tribute to the administration of justice but he made a strong plea on behalf of the young wives that the punishment be a fine and not imprisonment. Tire week spent in gaol had been a fearful experience and they were not likely to offend again with the prospect of imprisonment in front of them. He remarked that the probation officer reported that the McNeils worked regularly and did not make a whole-time business of bookmaking. The Chief Justice said that, in spite of a warning to one of the prisoners, both had persisted in endeavouring to secure acquittal by a tissue of falsehoods. Fortunately a jury of honest men had refused to allow themselves to be deluded. In the circumstances, imprisonment must be imposed as a deterrent to the prisoners themselves and to others similarly minded to carry on an illegal business and escape punishment by perjury. Each was sentenced to imprisonment for three calendar months. Sir Michael Myers subsequently requested Mr Meredith, the Crown Prosecutor, to convey to the prison authorities his request that, during their imprisonment the McNeils be kept apart from other prisoners.