GAME AT DICE.

Timaru Herald, Volume XCVIII, Issue 18084, 12 July 1923, Page 9

GAME AT DICE.

GAMBLING. LIS ENSEE’S II ESPONSIBILTTY. “The Court cannot help but bo thoroughly satisfied with the evidence given by Constables Sinister and O’Connor, which is worthy of the , highest traditions of the Police Force.” Tills eulogy was uttered by Mr E. I). Mositi.', to.-u., at UlO lemuKa cuim, on Tuesday, "'den M. Coney was charged with having on June 2U,, while being the licensee oi the Itoyal Tiotel, Jie did pernut the playing ot an unlawful game 011 ins licensed premises, and i'urmcr with permitting gamming on uie aaid premises. rUr Campuell appeareu lor urn ueiendani, wiio pleaded not guiity. inspector .Willis, prosecuted, and ouiitned tiro case tor tne police. Constable Sinuster staled mac about IU 0 clock 011 tne night m question lie was passing the Itoyal Hotel, when sometning attracted ins attention, .tie listened lor. a moment and heard dice being thrown. T'Lei sound seemed to come irom the bach sitting room, lie then went to the window and listened. There was a Venetian blind on tne window, but through an aperture m the blind lie saw a table near tire window, at wiiich three men were sitting. Two ot these witness knew, being jirosnaiiaii. and Hally, who were employed in tire hotel. The former was a brother-in-law of the proprietor. The third man was a stranger to witness, but lie found out later that Ins name was Webster, and lie was a boarder. There was a fourth man m the room, but witness could not seei him at that time. The men were throwing dice. \i 1 moss watched them lor about twenty minutes. Tie saw silver put on uie table, but could near nothing as the window' was closed. He also saw a pack oi cards on the table, but did not see them being used. About JU.TU p.m. witness went lor Constable 0 Connor, and they returned to the. hotel at 10.55. The men were still in the back sitting room throwing dice, hive minutes later the men Jett the sitting room and wont into the bar which was on the other side oi the house. The door ot ilia private entrance was then closed and the light in the front sitting room put out. With Constable U’Connor, witness took up a position on the south-we.st side or the hold, near a doin' leading to tne bar. there was no light in the bar itself, but a light was'coming through the slide Horn the. bail, on to the counter. For I lie next ball hour, calls of bets and the sound of dice being thrown were heard lrequently.

SCENE IN THE BAH

Ab 11.130 p.m. witness got a .large packing case, with the aid of which lie was 'aide u> see through the. fanlight at the top of the door, which was open about a foot from the top. Witness could then see quite distinctly who was in the bar. .Brosnaliau was at the back of the counter, S. Nicolas nearest t-iio door, 'Webster was standing a little back from the counter, and Hally was furthest away from witness. _ Three of tlie men were those whom witness had seen m the real' sitting room. Witness heard one of the men say, “J.MI chuck you for a ‘fiver,’ ” at the same time reaching for ins back pocket as it to draw r out the money. The man spoken to did the same thing and said, “No, make it three quid !” All the parties handled the dice and witness saw' silver on the counter. One of the men then said. ‘Tin finished. Last throw before going Lo bed, and who wins, shouts. 'Witness then got down and Constable O’Connor got up on the box. At If.-IU p. 111.. witness and Constable O’Connor entered the hotel by the rear door and walked up the passage to the bar door, wlneli. was locked. The men were gambling in tho bar and witness heard one of them sav, “This is my last throw, ]fjs in.” Shortly after the same voice said, “2s in and the winner shouts. "Witness then knocked at the door and there was no answer. Witness knocked again and the slide was opened and Brosnaliau asked what was wanted. i\V it ness replied that he wanted admittance. Brosnaliau them opened the. door, and witness and Constable O’Cotmof went* into the Inir, mid lound Llilx four men, whose names hart nlready been mentioned. was no sign of dice. Witness asked wnere the licensee was and Brostinhan replied that lie was out for tho evening. W itiios., then asked Brosnaliau what they were doing in the bar. Brosnaliau i said “Nothing, we are just having a, drink before going to bed. y'g 110 *? said, “you have all been gambling, but all the four men denied this. Witness asked each of the four men to produce the dice, but: each denied liaviim used the dice. Witness then remarked Ilia I. it did not mailer much as ho had been watching them lor an hour. Nicolas said, “This is what you nut across a man after doing you a good turn.’’ Nicolas was relerrmg to a lime when witness got stuck with Ins mol or c\ ole and Nicolas gave him some nntroi Witness replied that Jio was 1,0 l “going to let a little thing like llial inlerlero with his duty. . T,. 'lnspector Willis: llrosnah.an said 11 ~ I |,n had in'ntighi I he men with hull i ini.i the bar. Tim pro-Vl.t liiensen bad I I iu the lie I'd for the past twelve

months, and Brosuahan had been with | him all that time as porter and assist- I ant barman. Hally had been in Coffey’s employment for the past six i months in the capacity of Darman. j Witness saw Colley subsequently, and I lie said that he had left about 8 o’clock : that evening to go to a party', and had 1 left Brosuahan in charge. He had ; given him the Ivey to the bar. Coffey ; also stated that he had never seen dice ■ on the premises. • To Air Campbell: Ho had always • found Coffey straight-forward, and in j witness’s opinion he was always trying to do his best. After witness had told Coffey about the gambling Coffey immediately discharged Brosuahan. i Constable O’Connor corroborated Constable Simistor’s evidence. I

To Air Campbell: Witness knew! Hally who had been a barman in Timaru and be was an experienced man. Witness did not know Webster.

FOIt THE DEFENCE. Air Campbell said that on the night in question. Colley was going out lor j the evening and had ieit 1 .brosnahan, who was Jus brother-in-law, in charge. • Colley took the key of the bar oil urn j ring which he always kept in his pocket , and gave it to Brosnahan and tout him j to serve any boarders and lock up j the place at 10. JO p.m. When Coffey j got to heai' of the occurrence Brosnahan had been discharged. Jle would leave it for the Court to say as to whether Coffey was guilty or not. Coffey had never seen dice on the preI mises, and it had never occurred to , him to warn his employees against gambling in the hotel, as he did not : think it necessary to do so. It had i been suggested that Webster was the | ringleader and made his living out of i that sort of thing. However, the 1 point was, whether the licensee was I liable for the action of his barman. Mr

Campbell then quoted similar cases and said that it was very hard that his client should be brought into serious trouble by the acts of bis servants. M. Coffey, licensee of the hotel, slated that he had been ton months in the hotel, and his brother-in-law, Brosnahan, had been with him all that time as barman-porter. Hally was barman, and bo had always found them reliable. He had never thought if necessary to give instructions as to gambling in the premises, as he had never seen any gambling there. On the

j evening in question he had gone to a | social gathering, and had taken the key i of the bar off the ring and given it to Brosnahan with instructions to servo

any boarders, to put out the light and close up at 10.dO p.m. Later lie hart beard that the bar had not been closed at that time and that the police had been in at 11.,10 p.m. AVilness thou, told Brosnahan that he could not rely, on him and dismissed him straight away. The other men all denied hav- ■ ing gambled in the hotel. So Far as Webster was concerned, witness knew i very little about him. Webster Iml j ■fold witness that he was a tea: traveller. He seemed all right, bid ho j had left the hotel three or four dav* | later without paying his board. l\’it-j ness had heard several .suggestion;; about him since. , ; To Inspector 'Willis: Witness whs I away about six Loirs that night. Dieo , was not kept in the hotel, although I witness had a pack of cards. , Inspector Willis said flint there wa-sj ample authority for saying that the : licensee was responsible. If -this was j not so, that would bo an end to tho l

enforcement of the licensing law. Mr Campbell said that- if this was so, it simply meant convicting a mail who was free from all guilt, and Ihe point was still open as to whether he

had permitted gambling. The Magistrate said that- the Court could not help hut be thoroughly satisfied with the evidence given by Constables Siniislor and O'Connor, winch was given in a, manner worthy of the highest traditions of the police force. It showed that the interests of tho public could, lie safely entrusted to these two constables. Such evidence was highly satisfactory from a public and police point of view, and could truly be described as excellent. lbs; eases quoted by Mr Campbell _ were , not decisive on (ho point at issue, j which was as to whether the licensee

could ho said to permit or connive at ; an offence during his absence. In this' case the licensee' had willingly given the hey of tho liar to a direct .ropresenfa(ive with certain instructions. That . direct representative had not only permitted gambling, but took part in, it. Therefore tho licensee must be bold responsible for the acts of that man. This sort of thing must not go on, and the licensee must take warn-.; mg. lie would he convicted and_ fined . C 8 and costs oil the charge ol per-' miffing gambling. Oti the application oT Inspector i Willis flic other charge was avilhdrawn. j