CHARGE OF BOOKMAKING.

Star (Christchurch), Issue 16411, 27 April 1921, Page 7

CHARGE OF BOOKMAKING.

W. WHELAN IN COURT. COMMITTED FOR TRIAL. A charge of bookmaking against William Whelan was heard before Mr S. E. McCarthy, S.M., in the Magistrate’s Court to-day. Part of the evidence had been heard previously, and the case adjourned. The wording of the charge was as follows: <v Tliat defendant on December 16, 1920, at Christchurch, did carry on the business or occupation of a bookmaker, contrary to the Statute.'* Defendant was represented by Mr M. J. Gresson with him Mr C. S. Thomas. Mr A. T. Donnelly, Crown Prosecutor, represented the police. Mr Gresson formally objected to the admission of evidence of happenings prior to December 16. John M’Leod. a detective, stationed at Gisborne, said that on. July 28 of last year ho wrote a note to .defendant in Christchurch asking for a double on the Grand Steeplechase and Hurdles at. Christchurch, on Slcwcoach and Kauri King, in the name of Louie Youk, a market gardener At GieborncThe letter was signed by Yoitk. Witness enclosed in the letter a IDs postal note. The letter wns addressed to P.O. Box 899. Christchurch.

John Alexander Redpath, a Christchurch merchant, stated that the building of which No. 6, Chancery Lane, was a part, was owned by hia father. The present tenant- was <ho defendant. There were two rooms upstairs. The rent was first paid by defendant on December 11, 1916. Prior to that the tenants were Messrs Barnet and Grans. Mr Gresson. Who were they? Mr Thomas: A very good firm l Violet Irene Joyce, a clerk in the registration department of the Christchurch Post Office, produced a receipt for registered letter 698 from Gisborne delivered in Christchurch, signed for on August 2 by S. Wharton. Blio knew Wharton by sight, and also Whelan, to both of wnom she had delivered letters over the counter. Arthur Reginald Woodford, a clerk in tho Telephone Exchange office, produced a copy of the appjication form for telephono 222, in tho name of William Brown and Co., Chancery Lane, general agents. Instructions were given that the telephone was not to be listed. Instructions were also given to forward accounts to P.O. Box 367. William Alfred Thomas, forkman at the Christchurch Telephone Exchange, said ho had recently inspected the location of telephone 222. It was at the top of the stairs in a. building at tho corner of Chancery Lane and Gloucester Street, No. 6, Chancery Lane.

Arthur Prince, an officer of the National Bank of New Zealand, Christchurch, said that he had an account in the name of William Whelan. lie produced deposit slips All the deposit slips showed that the money was paid in by S 13. Wharton. They covered July and August and November and December. Recalled, witness stated that postal note 363-469, issued nt Gisborne on July 28, went through the Christchurch branch of the Bank of New Zealand* apparently to Whelan's account. Oliver Thomas M’Mannaway, a delivery clerk in the Christchurch Post Office, produced nn order by AY. Whelan for the handing of nil correspondence addressed to him to S Wharton. The order was dated July 8, 1920. He produced a re-direction order dated February 23. 1921, to re-direct correspondence addressed to W. Whelan from the G.P.O. Christchurch to 6, Chancery Lane. Instructions had been given in rtespeot of particular persons that their correspondence wajs not to be handed over a counter, but delivered to a private address. Mr Donnelly: Was it in writing? Witness: No. Mr Gresson: The Postmaster knew better. He knew the danger of the law of libel I Arthur Samuel Wnfld, » clerk in tho G.P-. Christchurch, said that nt box 899 had been in the name of J. Woonion. It was closed on July 8, 1920. Mr Donnelly: How was rfc closed? Witness: On account of it Mr Gresson : I object to that t Mr Donnelly: Well, the box was closed under instructions from the proper authority P Witness: Yep. Box 367, in tho name of Barnet and Grant, was closed in June, 1920, added witness. George Mustchin, a constable stationed at Christchurch, said that he paw Wharton go on February 1 to the Christchurch G.P.O. He went to box 85(5. Witness could not swear that ho got letters from the delivery counter. After Wharton went to No. 6. Chancery [jane. On the same day witness wiw Wharton go to the delivery counter, get some more letters, and return to Chancery Lane. On February 2,3, and

1, Wharton repented these actions. Stanley T 3. Wharton, a clerk for Whelan, refused on ground of privilege, to say what clerking work he had been doing for Whelan. Box P 56 witness used for 1m private correspondence, apart altogether from his business. Mr Donnelly: Did you collect letters from box 599. Witness: T claim privilege, and will not answer.

Who owned box 899?—T don’t know. You have collected letters addressed to Whelan nt the Post Office counter, fn accordance with re-direction orders produced?—Yes. How long have you been working for Whelan? Since about December twelve month 9. Is this your signaturo on these deposit slips P—Yes. How long have you been paying into the bank? —Ever since I have been with Whelan. How did you get the money?—Whe-

lan handed it to me. What is the- business in respect of which he collected his deposits*?—l claim privilege againet answering. Do you do your work in the office in Chancery Lane?—l again, claim vilegeYou have been in the office, haven t you ?—Yes. Ton have a key of it?—Tee. Have you ever seen a receipt like this? (producing a doubles receipt)—l claim j>rivilege. That is you signature to the registered letter receipt (exhibit E) ?—Yes. Did you hear of box 899 being closed? —I decline to answer. Witness added that authority was given him by Whelan to collect lotters on liis behalf. You collected them from July, 1920, until February, 1921?—Yes. In February you ceased collecting them at tho counter? —Yes. Why?—l don’t know. There were none there to get. Did you just call there and find the supply had dried up?—l got instructions not to cal] alter thatWhere did the letters go after that? —-I decline to answer. Have you heai*d the name of a man named Carlson in connection with Whelan’s business?—l decline to anIs there a telephone in 6, Chancery Lane? —Yes. In whose name?—l refuse to answer. Mr Donnelly : O dear, O dear! there is nothing Mr Gresson: My learned friend cannot cross-examine his own witness! Mr Donnelly: What else was in the room? —Oh. a table and a chair. The usual office appliances?—Yes. Is it the scene of your labours? l have already declined to answer that. Arthur Owen Thomas, a letter-sorter, said that private box 899 was closed on July 8. Before that he had sorted letters into it. Afterwards ho was in-

structed to give them to the delivery counter. Mr Donnelly: I will not produce the box register book, because it contains something that Mr Gresson might object to! Mr Gresson, looking at the book: Monstrous accusation, sir! The Crown’s case was closed. Accused pleaded not guilty, reserved his defence, and was committed to the Supreme Court for trial. Bail was allowed as previously fixed (£SOO in accused’s own recognisances)