RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1520, 17 June 1886, Page 2

RESIDENT MAGISTRATE'S COURT.

Owing to the Beiident Magistrate being engaged as sheriff in attendance at the Supreme Court, Timaru, no business was set down for hearing in Temuka yesterday. The police,bowever, had one case. It appears that Mr R. H. Postlethwaite, in company with some volunteers, was coming out from from Timaru bj express train on Tuesday, and in the train was a man who was playing at a game known as " The three card trick." Mr Pcstlethwaite, as a Justice of the Peace, thought it his duty not to allow the law lo be thus broken in his presence, and when he came to Temuka he called Constable Guerin and gave the min in oharge. The accused, a respectable looking, well-dressed young man of about 24 years of age, gave the name of Frederick Austin, and when searohed notbing was found on him except about £3 in moaey He was brought before E. 7. Gray, Eiq., J.P., yesterday morning, and charged with unlawfully having played the three card trick in a railway carriage on the way between Timaru and Temuka. Mr Tosswill appeared on his behalf, and pleaded not guilty. He submitted there was no cass against the accused, and quoted a case re ported in the Lyttelton Times of June sth in support of his contention. The case quoted was to the effect that a man named John Beanj went into the City Hotel, Christchurob.on May 24tb, and said "Now gentlemen, I will shew you a tnok," and played with the three cards. A man named Kirk lost £3, and gave information to the police, and the accused was arrested. Mr Striager submitted the information must fail, as what had taken place was simply a bet, whioh was not a game of chance. The man put down the three cards, and betted no man would find out the seven of spades. Mr Wbiteford, R.M., dismiised the owe on this ground, hut pointed oat that the accused could be proceeded against as a vagrant. Mr Tosiwill held that that was a stronger case than the one against the accused, and asked for the accused to be discharged. His Worship said it was not oompetent for one J.P. to deal with it, and consequently the case must be adjourned until another J.P. could be found.

Mr Tosimll urged (hat it would be a hard* ■bip on his client to be kept waiting, at there waa no cue •gainil him.

Constable Guerin applied for a remand until 2 o'clock, by which time he would have

another Justice of the Peace present.

Mr Toiswill did not think Mr Pottlethwaite wished to pre*s the charge against the men. He would like Mr Postlethwaite to

make a statement. Mr Postlsthwaite said he considered it hie. duty to report the ease. It was no food appointing Justices of the Peace unless they did their duty. He had no desire to preM the charge against the man; perhaps he waa punished in a way that would be a lesson to him already. Mr Tosiwill said Mr Postlethwaite was quite right in taking the matter up. The man had been in gaol since the previous evening, and that was enough. The case might now be withdrawn.

Mr Postlethwaite did not see has, way to withdraw it. He thought it would,. show ft very bad example to do so. Mr Tosswill then applied to have the eaeft— ~ adjourned before Mr Beswick, bat this was refused, and the case was ultimately ad*

joumed until 2 p.m. The case was brought on again at 2.30 p.a. before D. Inwood and K. F. Gray

Esqs.,J.Ps. ' K. H. Postlethwaite, sworn, said j I am ft

Justice of the Peace for the colony of New Zealand. I was coming out from Timaru in the express train last Tuesday, and the accused was in the carriage playing the "threecard trick." Another man sat opposite him and betted with him, and soa.e money passed < between them. He asked one of the troopers • to bet with him, but he woild not. I saw the game played in America, and have always understood it to be not honest* I ..; s*w money pais between himself and, man.. The amount was a note and ft half* ' r crown. I did not understand that the note" was put down as a stake, and that the amount of the bet was half-a-crown. I' did not bear them saying that it would be' half-a-crown or a bottle of beer. H. B. Webster, who was preeentinthe train at the time, gave similar evidence. : - Constable Guerin gave evidence- to: the effect that the accused was given in charge to him by Mr Postlethwaite. He searched accused at the lock-up, but found no cards on him. He said his luggage went on to Christohurch. Several complaints had been made to the police about periods playing such games on the trains, Knew nothing at all of the accused. This concluded the evidence, and.Mr Toss* will held that a railway carriage was not ft ' public place, as was laid down in clause 8 of the Gaming and Lotteries Act 1881, the claws under which the information was laid. Mr Inwood said the information was not kid under any particular clause. ' There =waa •'■' power to convict under the Police Offences' Act. • ; , ■ '■•

Mr Tosswill said the constable had stated the charge was lad under oUase 8. He again read the report in the Lyttelton Timet, and urged that it was not a fame •! chance, but a bet. The man put down, three cards

and betted the other man could not find a certain card. ■■.'... Mr Inwood s«id the Bench did not take that view of it. Mr Tosswill said that in that case he would oall on the ascused to make a Jtate> ment.

The acouaed, on being sworn, said he was •'_ a stranger in Temuka, being on his way from '■'■ Dunedin to Christohurch, and was never in a :! Court of Justice in his life before. He was; ••'•* 24 years of age, and had lived 23 yearsia Dunedin. He had been five yoara; copying clerk with Messrs Kenaion and Hoskens, lawyers, Dunedin, and also second clerk with Messrs A. and J. Maclean. He was now

hawking: soft goods, and got bis goods from Sargood's. He was on his way te Qhrisfc church on business, and met a friend of "his in the train, and they bought a pack of cards. At first they played euchre, and"; then picked out three csrds, and betted / about finding one card. The bet was h»lf-a--orown or a bottle of beer. He was not-a

card-sharper, and was Hot travelling in that line. He had a mother and seven children

to support. Mr Tosswill again urged it was not a game of chance, but Mr Inwood said the Bench did not ft/rree with him, and said the decision of the Court was thst the accused was fined

40b, or. if be should prefer it he would ba fined £5, and he could appeal. The accused elected to pay the fine of 40«,

and the Court then rose.