ALLEGED UNLAWFUL BETTING.

Taranaki Herald, Volume LIV, Issue 13670, 8 April 1908, Page 3

ALLEGED UNLAWFUL BETTING.

BOOKMAKER CONVJICTED AND FINED.

At *ho Magistrate's Court yesterday ofttMiioun, before Mr H. S. Fitzherbcrt, S.M., two rather interesting cases against a bookmarker were heard. Fred "\yren was charged on the information of Mussell Fleetwood (secretary of the Taranaki Jockey Club) with unlawfully usina a public place within 'the Borough of Now Plymouth, to wit th>y New Plymouth- Recreation and Racecourse Reserve, for the purpose I ' of botting, contrary to the provisions of by*law No. 10. of tho by-laws of the Borough of New Plymouth. Wren was described as a Wellington bookmaker. , - : Mr J. 1-i. Quilliam, who appeared for the informant, safa that it appeared thafe the def^nd|int was identical with* James Garrity, whdse name appeared in the Police Ciaaetto as a man recently convicted^ of similar offences in Tiraard. The defendant was not well kubljvn. as oitheV Garrity or Wren in , mte district, but, the description of Garrit,<<, entirely corresponded with that of the present defendant. T]io >>ylaw uhdor which tho infprniation had botm laid prbvided: "Any worson' shall be guilty of an offence 'who frequents or uses'- any. public plaop on behalf of nimsolf or any other person for tho purpose, of bookmftkn\g, botting or wagoring, or agreeing to bet, wager, or pay, receive or sottle any bet or wager, or, hsing,<a botting man or bookmaker or laypr of l totalisatpr or other odds, transacts any business relutinj'to such c&Jling in s any public I flfctec". Publife place includes overy street!, footpath,, courtway, ajloy, thorouglifare," market, park, square, pardon, raceooiirsQ; , recreation g^cund and (»Ihco of public ,ies»ort which for' tho timcv being i» onen: to or Used by the publife .whether on payment of an enti'aneo fee or not, also any railway station, platform or carriage, also any liconsed vehicle plying for hire, and any pu,blio hall, theatre. or room* in wliich any performance or en.tortaminoivt open to. the .public is being held, and also any bar, dive, room, or passago forming part of a licensed hotel, and also any billiard room." Cdunsel said the power had^beon conferred upon the Borough CouuciJ by Section 403 and the following sections of the Municipal Corporations Act, 1900. Tho defendant had been ailovred to carry on bookmaking on the 'first day, as tho police were then under the, impression that he had been licensea. On the second day h& was again betting and wokring a bag on which was the nmc "Fred v^Wren. • He w;as .remoufttrated with and ho said that ho would have got a license but wa» too late, He admitted that he had been b6okmaking. ' , v . Mr Quilliam commenced to prove the validity of the by-lawj but his Worship said that as it was not attacked he would assume its validity. Mr Quilliam said that there was doubt with -some people as to whether the now Aot would" affect the position in this respect. His Worship said that tire now Act did not apply in this rase, as the defendant had not been licensed* ' Mr Quilliam said that. he would ask that, tlie maximum penalty shculd be inflicted. The bookmakers who were licensed ,'had .paid .^O'^fep. ,fach ,das-. The ,TOaaurauTO : ' penalty- provided for was £20. ,s ; ,'\ > •The cases were takejn separately. lv respect of the information concerning March 25, Constable Patrick Duddy (of Inglewood), who'-was on duty at the New Plymouth racecourse ou March . 25, gave : evidence. He said the defendant was carrying on the ordinary 1 business of a bookmaker — calling the odds, accepting money, issuing ticKPcs. etc. He vas with- a. mati who i«;xv-e the name t( Ttfcy Moedio." Constabies Mclntoth end Mclvorgave carroborative evidence. . • Mussoil FJcetwopd (secretary to tho Taranaki Jockey Clnb) gave formal evidence to show that the Taranaki Club v.-pis n totalisator chib distinct from a racing olub. No license was issued to Jphn Skinner (surveyor) gave evitleni\ \o ;«.r, t « that tlie defendant had bV '<j :Hti;.i«. ..n a .public resorve; the fr'i!,-.- ;-.'iKi. .livideci the "laWn'f from tit • t.a; ..':_• ' was on tho bbundary uh- ! <<lii (tied tlie club's property from the j.aMic reserve, and the 1 defendant Ua« «> K-ide. Oefen'irfnt was convicted and fined Z2Q anci L*oßts,,,in default one month's, imprisonment. The second information (in respect of March 26) was then taken • -s r tThc evidettco adduced waa similar to that jjiveii^ in, the first case. ■ Tho police gave positive evidence that the defendant was oookmaking on March 26, and stated that he denieVl having been botting on tho previous day. ' \ A fiao of £10 and costs was inflicted, in default t\vo weeks' imprisonment. Costs amounted to £3 14s 2d.