A TEST CASE

Stratford Evening Post, Issue 73, 21 June 1928, Page 6

A TEST CASE

* r DRAPER iN COURT.

PRIZES BY MODE OF CHANCE

INVERCARGILL, Last Night

His reserved decision in a case in' which John Smith, proprietor of a large drapery emporium,, wag. charged witn running a lottery by which prizes were gained by a, mode of chance,: was given by the magistrate here today. Defendant was the originator of a scheme whereby numbered articles in a window could be, claimed by persons holding corresponding numbers, which were’ distributed through the province printed on the replica of a 1 keyf appearing in the circulars. According to the- legal profession there is no reported case of such a lottery being held to lS be illegal in England, so the present prosecution was looked upon in the nature of a 1 testl case.

The magistrate held that the scheme was a lottery, but said defendant was advised by counsel that it was legal and he inaugurated it in a public spirit to assist the! May 1* air celebrations). Defendant would he fined £2. , Counsel asked the magistrate whether he would withhold entering a conviction until he had conferred with; hi s client; they might ask that the fine be increased to over £5 in or--d er to appeal against the / decision. This was agreed to.