No. 48.] 577 The Police Gazette is a CONFIDENTIAL publication, and is issued for the information of members of the Police Force, and Officers engaged in the administration of justice, ONLY. NEW ZEALAND POLICE GAZETTE. PUBLISHED BY AUTHORITY. WELLINGTON, WEDNESDAY, DECEMBER 13, 1911. XT OTICE.— For instructions as to the manner in which JJN reports are required to be furnished for the com- pilation of the Police Gazette see Gazette No. 1 of this year. The arrest of offenders described in the Police Gazette, or respecting whom crime reports have been forwarded for insertion in the Gazette, should be promptly notified by the member of the Force effecting the arrest. When notifying the arrest of persons charged with theft or suspected of theft, it should be stated whether the pro- perty stolen, or any portion of it, has been recovered. A description of property supposed to be stolen, found in the possession of offenders, for which owners cannot be found, shall be furnished for insertion in the Gazette. All communications concerning this Gazette should be addressed to the Commissioner of Police, Wellington, and the envelope marked " For Gazette." Members of the Force in charge of out- stations will forward them direct PERSONS WANTED. AUCKLAND.— 7th ultimo, that a notice of order may be served on him for the maintenance of his illegitimate ohild, William Howell, age twenty- nine, height 5 ft. 2 in., bushman, native of New Zealand, medium build, fresh complexion, light- brown hair, brown eyes, clean- shaved, scar on right cheek, four artificial teeth in front, bust of girl and girl kneeling over a grave tattooed on left arm ; dressed in light grey coat and vest, navy- blue pants, tan boots, and hard hat. AUCKLAND.— 31st July last, on warrant of commitment to Mount Eden Prison for seven days in default of paying £ 2 13s. fine and costs for a breach of his prohibition order, William Ruthe, age sixty - five, height 6ft., master mariner, native of Ireland, stout build, fresh complexion, grey hair, blue eyes. He is supposed to have gone to Sydney. QUEEN STREET WHARE ( AUCKLAND).— 18th ultimo, on warrant for absenting himself without leave from the s. s. " Opawa," Hugh Hipple, ago thirty- seven, height 5 ft. 5 in., seaman, native of Liverpool, England, strong build, ruddy complexion, brown bair turning grey, blue eyes, grey moustache, fairly full face, hawks and butterfly on left hand, flowers on right hand. ( Inserted in lieu of paragraph page 557, 29th ultimo, where name appears as " Nipple.") HAMILTON. — 28th ultimo, on warrant of commitment to Mount Eden Prison for one week in default of raving £ 4 8s. 6d. fine and costs for a breach of the peace, Denis Nolan, age twenty- five, height 5 ft. lOJin., labourer, native of New Zealand, stout build, dark complexion, brown hair and eyes, heart and " N. Z. R. A." on left forearm. He is supposed to have gone to Paeroa. HAMILTON.— 28th ultimo, on warrant of commitment to Mount Eden Prison for seven days in default of paving £ 5 8s. 6d. fine and costs for a breach of the peace, Edward Notton, alias Norton, age twenty- thiee, height 5 ft. 8 in., labourer, native of New Zealand, slim build, fair complexion and hair, grey eyes, heart and " Love" on right forearm. ( See Police Gazette, 1909, page 306, and Photographs of Prisoners discharged, 1909, page 31.) FEILDING.— 6th instant, on warrant for failing to pro- vide for the future maintenance of his unborn illegitimate ohild, Alf Hyde, age twenty- five, height 5 ft. 7 in., painter, native of New Zealand, stout build, very dark complexion, black curly hair, dark- brown eyes, fat full face, clean- shaved ; generally dressed in dark suit, black hard hat, and black boots. He may have gone to Auckland, where, it is supposed, his brother has an hotel. Complainant, Mabel Lydia Compton, 36 Revans Street, Wellington. CARTERTON.— 4th instant, on warrant for failing to pro- vide for the adequate maintenance of his wife, Alfred James Attree, age between forty- five and fifty, height 5 ft. 10 in , labourer, native of England, thin build, fair bair and moustache, blue eyes, large scar below right knee; generally dressed in dark suit and cap. He was last heard of at Ohakune, and is supposed to be in the King- country. Complainaut, Sarah Ann Attree. 5 7 8 N E W Z E A L A N D P O L I C E G A Z E T T E. [ Nov. 29 WELLINGTON.— 13th ultimo, on warrant for assaulting Edward Brown, a hotel porter, Joseph South, alias James Reynolds, age twenty- seven, height 5 ft. 4 in., labourer, native of New Zealand, dark complexion and hair, light- blue eyes. ( See Police Gazette, 1911, page 278.) WELLINGTON.— 27th ultimo, on warrant for obtaining £ 12 from James William Smith by false pre'ences, Herbert William Bull, age thirty, height 5 ft. 4 in., clerk, driver, and labourer, native of England, dark complexion and hair, blue eyes. ( See Police Gazette, 1911, page 339.) Offender sold an organ to complainant, and falsely represented that he had paid the full amount due on the organ, which he had obtained from the British and Continental Piano Company, Wellington, on the hire- purchase system, when he had only paid £ 2 10s. CHRISTCHURCH.— 24th ultimo, on warrant of commit- ment to Lyttelton Prison for one moutn in default of paving £ 4 arrears due for the maintenance of his wife, William Henry Norgate, age thirty- one, height 6 ft. lin., labourer, native of New Zealand, slim build, fair complexion, blue eyes, brown hair and moustache, sharp features, long nose, round shoulders; fond of drink ; usually wears a dark- blue suit and hard black hat. He is supposed to have come to Wellington. His relatives reside at Wool- ston, Christchurch. SYDENHAM.— 6th ultimo, on three warrants of commit- ment to Lyttelton Prison for forty- eight hours, one month, and twenty- four hours respectively, in default of paying 13s. fine and costs for drunkenness, £ 2 3s. fine and costs for obscene language, and 7s. costs for refusing to quit licensed premises respectively, William Webb, age twenty- nine, height 5ft. 8in., labourer, native of New Zealand, medium build, dark complexion, brown hair and eyes ; fond of drink ; prohibited under the Licensing Aots. APPREHENSIONS, PERSONS FOUND, ETC. AUCKLAND. — Thomas Turner, default of fine, has been arrested by Constable Leckie, Auckland police, and lodged in Mount Eden Prison. ( See Police Gazette, 1911, page 163.) AUCKLAND.— James Nicholas Bradey, default of costs, has been arrested by Constable Wright, Hamilton polioe, and lodged in Mount Eden Prison. ( See Police Gazette, 1911, page 459.) AUCKLAND.— C. Kirby, alias Alfred Alexander, alias Moore, theft, has been arrested and convicted. The stolen property was traced to offender's possession by Detective Cox and Acting- Detective Sweeney, Auckland, police. ( See Police Gazette, 1911, page 505.) QUEEN STREET WHARF ( AUCKLAND).— Frederick Hop- good, default of fine and costs, has paid the amount due to Constable Parsons, Russell police. ( See Police Gazette, 1911, page 505.) TE AROHA.— Michael McSheffery, has been located at Palmerston North by Constable O'Donoghue. ( See Police Gazette, 1911, page 422.) THAMES.— Patrick O'Brien, alias O'Byrne, alias Shultz, has bean arrested by Detective A. A. Mitchell, Gisborne police, on information supplied by Detective- Sergeant J. J. Cassells, Napier police, and fine and costs paid. ( See Police Gazette, 1911, page 409.) PALMERSTON NORTH.— Lawrence Larsen, default of maintenance: Warrant cancelled on request of com- plainant. ( See Police Gazette, 1911, page 492.) PALMERSTON NORTH.- Herbert Doughty, alias Hall, has been seived with a notice of fine by Sergeant Rowell, Auckland police. He was going under the name of Her- bert Jackson. ( See Police Gazette, 1911, page 525.) WELLINGTON.— Oreste Miletti, ship- desertion, has been arrested by Constable Holmes, and discharged, as the ship has left the Dominion. ( See Police Gazette, 1911, pages 420 and 459.) WELLINGTON.— George Henry Williams, wife- deser- tion : Warrant cancelled. ( See Police Gazette, 1910, page 382. SEDDONVILLE.— James Cairns, default of mainten- ance: Warrant cancelled. ( See Police Gazette, 1911, page 334.) CHRISTCHURCH.— Ernest John Frederick Heale, false pretences, has been arrested by Detectives Lewis and Andrews, Wellington police, and remanded to Christchurch. ( See Police Gazette, 1911, page 568.) CHRISTCHURCH.— Robert Goodman Telfer has been served with a notice of fine by Sergeant A. S. Bird, Auck- land police. ( See Police Gazette, 1911, page 538.) ASHBURTON.— John Sullivan, theft, has been arrested by Detective D. Connolly, Dunedin police, and remanded. ( See Police Gazette, 1911, page 558.) BRISBANE. — Frederick C. Miller, deserter from H. M. S. " Pyramus," has been arrested. ( See Police Gazette, 1911, page 354.) SYDNEY.— Charles Edward Ramsay, deserter from H. M. S. " Challenger," has been arrested. ( See Police Gazette, 1911, page 559.) PROPERTY STOLEN. AUCKLAND.— 28th ultimo, from the handbag of HENRY C. GLENDINNING, traveller and canvasser, a ladies' 18 ct. gold ring, set with three olivines and two diamonds in claw setting ; value, £ 7. Identifiable. BIRKENHEAD.— 25th or 26tb ultimo, from Chelsea Wharf, the property of THOMAS CHURCH, dairyman, a partially worn stockman's saddle, new leather patches on top of knee- pads, " T. C." on inside of flaps, no girth or stirrup- leathers ; value, £ 3. Identifiable. ONEHUNGA. — 1- t or 2nd instant, the shop of ALFRED JONES, bootmaker, was broken into, and the following stolen : Two pairs of men's welted kid shooter boots, sizes 7 and 8 ; a pair of men's tan shooter boots, size 6; a pair of men's welted Royalty kid boots, size 7; a pair of men's Royalty welted superior- quality shooter boots, size 7 ; a pair of box- calf boots, size 9; a pair of oanvas - lined men's sh loter boots, size 7; a pair of linen- lined kid boots, size 7 ; two pairs of men's Romeo kid boots, sizes 6 and 8 ; an odd shooter boot for right foot, size 9; an old box- calf right boot, size 9; a men's heavy welted box- calf boot, siz-: 8; and a ladies' lace - up black - kid boot, size 4— " A. E. Marlow, Northampton," and " Royalty " on soles : value, £ 15. Identifiable. TE AROHA.— lst instant, from a bedroom in the Hot Springs Hotel, the property of JANE ELIZABETH JEN- KINS, Remuera, a ladies' gold ring, set with a turquoise and three diamonds ; value, £ 5. Identifiable. GISBORNE.— 10th ultimo, from outside the Young Men's Christian Association rooms, the property of WILLIAM OXENHAM, jeweller, a gentlemen's Raleigh black- enamelled free- wheel bicycle, high handle- bars, rat- trap pedals, Dun- lop tire on back wheel, Mosely Hardwiok tire on front wheel; value, £ 19. Identifiable. GISBORNE.— Between 1st and 15th ultimo, from a shed, the property of THOMAS HEGERTY, lineman, a gentle- men's Eadie black- enamelled bicycle, turned- down handle- bars, right grip missing, red tire on back wheel, rat- trap pedals, Brooks saddle ( left corner broken) ; value, £ 4. Identifiable. PALMERSTON NORTH.— 18th ultimo, from King Street, the property of GEORGE L. LANE, a gentlemen's free- wheel Nonpariel bicycle, No. 204, turned- up wide outrigger handles, back pedalling brake, mud- guards on, Viota tire on front wheel, right pedal slightly bent out from crank; value, £ 8. Identifiable. WANGANUI.— 9th ultimo, from the shop of TOM YOUNG, laundryman, Guyton Street, a gentlemen's open - faced silver lever hunting watch, No. 196675, maker Ehrhardt ; value, £ 4. Identifiable. 579 N E W Z E A L A N D P O L I C E G A Z E T T E. [ Nov. 29 CHBISTCHURCH.— 25th ultimo, from a house in the course of erection in Dublin Street, the property of J. E. BROWN, builder, a gentlemen's Bell bicycle, No. 19C0, 22 in. steel frame, ribs, and pedals, Dunlop tires, celluloid mud guards, reversible handles, fixed wheel ; value, £ 8. Identifiable. CHRISTCHUKCH.— 20th ultimo, from a bicycle- shed, the property of the REV. A. McDONNELL, Barbadoes Street, a gentlemen's free- wheel a* ift bicycle, Nos. 99277 and 12473, Dunlop tires, rubber pedals, celluloid mud- guards ( the back one broken and tied in the middle), fiont- rim brake ; value, £ 18. Identifiable. CHRISTCHUKCH— 16th or 17th ultimo, from the Christ- church Cricket Club Pavilion, Hagley Park, the property of LESLIE ARTHUR DOUGALL, solioiu r. a brown leather square brief- bag, " L. A. D." burnt on side, containing a pair of black running- pants, a black singlet with red seal on breast, three pairs of running- shoes, a heavy white sweater, a roll of adhesive plaster, and a small bag with bandages ; value, £ 5. Identifiable. LEESTON.— 7th ultimo, from outside the Dunsandel Hotel> the property of OLIVER HANSEN, a gentlemen's Pioneer black- enamelled bicycle, frame slightly bent to left side near the saddle, enamel worn and chipped, " Pioneer" on front ( almost worn off), Brooks saddle without springs, small piece of canvas and tin under the lamp- bracket, no brakes, one spoke missing from front wheel, both ends of black handle- bar grips missing. Dunlop first- grade tires on wheels; value, £ 6. Identifiable. Suspicion attached to a man who gave his name as Smith, and represented that he was an agent for shearing and milKing- machines, age about twenty- eight, height 5 ft. 7 in., supposed to be a runaway sailor or fireman, slight build, square shoulders, clean- shaved with about a week's growth of rough ginger- coloured beard; dressed in dark- blue or black clothes, and fireman's cap with a shining patent- leather peak. TEMUKA.— 24th October last, Irom the Star Hotel stables, the property of JOHN GALE, canvasser, a gentlemen's old colonial riding- saddle, very large nickel- plated stirrup- irons whioh have been through the fire, stirrup- leathers and aumingle recently repairod ; value £ 1. Identifiable, TEMUKA.— 26th or 27th October last, from the Wallingford Hotel, the property of JOHN GALE, canvasser, a black pig- skin wallet, 6 in. by 4 in., containing Court receipts, blocks of postal notes ( numbers not known), and several letters ; value, £ 10. Identifiable. OAMARU.— 9th October last, from a shed, the property of GEORGE BRUCE, a gentlemen's black- enamelled bicycle, upturned handles with bolt in centre, leather toe- clips; value, £ 3. Identifiable. OAMARU.— 17th October last, from the Oamaru Railway- station, the property of J. G. CHRISTIE, railway employee, a gentlemen's black- enamelled 24 in. frame bicycle, " Mar- shall and Somers, Milton and Balclutha," transfer on it, rat- trap pedals, leather toe- clips, wide upturned outrigger handles, rusty nickel rims ; value, £ 4. Identifiable. DUNEDIN.— 20th or 21st October last, from a shed, the property of WILLIAM CLARK, builder, a gentlemen's black- enamelled free- wheel bicycle, black handle- grips, " Kiwi" on front bar, front- wheel hub brake, rat- trap pedals, mud guards on both wheels ; value, £ 6. Identifiable. DESERTERS FROM HIS MAJESTY'S SERYICE. From H. M. S. " Powerful." WELLINGTON. — Albert Henry Ayling, age twenty- one, height 5 ft. 6Jin., musician, native or England, dark- brown hair, hazel " eyes, dark complexion, three scars on left leg, two small moles on centre of forehead, woman's head and heart and crossed hands on left arm. Deserted on 3rd instant. A reward of £ 3 is offered for his arrest. From H. M. S. " Cambrian.'' SYDNEY. — Thomas McDowell, age twenty - seven, height 5 It. 8| in., stoker, native of Belfast, Ireland, black hair, hazel eyes, fresh complexion, several scars on small back and on both legs. Deserted on 23rd ultimo. A rewe of £ 3 will be paid for his apprehension. MISSING. • WANGANUI.— Since 9th Ootober last, Alexander Valen- tine Harrison, age eighteen, height about 5 ft. 7 in., coachbuilder's apprentice, native of New Zealand ; dressed in dark- tweed coat and knickerbockers, dark stockings, green cap, and lace up boots ; wears a silver double chain and a gold ring with " P. H." thereon. Inquiry is at the instance of bis father, Thomas Harrison, 159 Glasgow Street, who is anxious to ascertain his whereabouts. PKTONE.— Since 13th ultimo, Fred Heaton ( known as Tom Heaton, age forty, height 5 ft. 9 in. or 10 in., engi- neer, native of England, medium build, fair complexion, brown hair, blue eyes, clean- shaved, upper front teeth miss- ing; dressed in navy- blue suit, grey soft- felt hat, and lace- up boots. Fears are entertained for his safety. Inquiry is at the instance of William Gledhill, 20 Manchester Street. ROXBURGH.— Sinoe 4th August last, Thomas Hender- son, age about twenty two, height about 5 ft. 9 in., general labourer, supposed Colonial, well built, fair hair and mous- tacne, good teeth, quick gait, talkative and erratic disposi- tion ; dressed in dark suit and shirt; fond of billiards. He was last heard of in the Ophir district. Inquiry is at the instance of Robert T. Stewart, mine- manager, Island Block Sluicing Company. INQUIRIES, ETC., FROM OUTSIDE NEW ZEALAND. BUKROWA ( NEW SOUTH WALES).— A warrant has been issued by the Burrowa Bench for the an est of Charles David Stevenson, charged with child- desertion. He is thirty- two years of age, 6ft. high, medium build, dark com plexion, dark hair turning grey, light- brown moustache, large dimple on chin, bone on one wrist very prominent, walks with long strides, very erect gait, carries both arms very straight by bis sides when walking and shows palms of both hands from behind; well eduoated ; generally well dressed ; a printer. ( See New South Wales Police Gazette, 1911, page 38.) He is supposed to have come to this Do- minion, and may be employed at a mine at Waihi. If located, an immediate communication is to be sent to the Commissioner's Offioe, Wellington. ( P. 11/ 2344.) MISCELLANEOUS INFORMATION, Resignation. No. 1730 — Constable Porteous, Frederick. 8th Decern ber, 1911. LAW REPORT. (" New Zealand Law Reports, Vol. xxx, page 1025.) [ FULL COURT. WELLINGTON.—( STOUT, C. J., WILLIAMS, J., DENNISTON, J., EDWARDS, J., CHAPMAN, J.)— WELLING- TON, 12TH APRIL, 21ST JULY, 1911.] SCOTT V. JACKSON. Gaming— Common Gaming- house— Billiard- saloon— Playing Pin Pool for Stakes— Game of Skill— The Crimes Act, 1908, Section 163— The Gaming Act, 1908. Section 4. Billiards and pool are not games of chance within the meaning of section 10 of the Gaming Act, 1908. The appellant was the proprietor, keeper, and licensee of a billiard- saloon where ordinary billiards and the dif- ferent kinds of pool were habitually played. It waB admitted that pin pool was played for small stakes, the winner being entitled to the stakes less the amount paid for the use of the table. The appellant was on this admis- sion convicted by the Magistrate under seotion 4 of the Gaming Act, 1908, for keeping a common gaming- house. Held by the full Court ( Williams, Denniston, Edwards, and Chapman, JJ.; Stout, C. J., dissenting^, That the appellant was not the keeper of a common gaming- house within the meaning of either section 163 of the Crimes Act, 1908, or section 4 of the Gaming Act, 1908, and that the conviction should be quashed. 5 8 0 N E W Z E A L A N D P O L I C E G A Z E T T E. [ Nov. 29 APPEAL from the conviction by E. C. Cutten, Esq., S. M., at Auckland, of the appellant, John Jackson, of Aucklaud, billiard- saloon keeper, of the offence of keeping a common gaming- house contrary to section 4 of the Gaming Act of 1908. The following facts were admitted ;— 1. The appellant is the proprietor, keeper, and licensee of a public billiard- room in tne City of Auckland, known as the " Great Northern Billiard- Saloon." 2. The said billiard- room ii licensed by the Aucklaud City Council under its by- laws for the playing therein of the game of billiards and every variety of the same game. 3. The said billiard- roim is opeu to and is frequented by members of the public between the hours of 9 a. m. and 11 p. m. of each day except Sunday. 4. The games played in the same room are the ordinary game of English billiards, and all varieties of the said game, such as snooker, pool, muff- pool, devil's pool, black pool, and general pool. 5. The game most usually plajed is the ordinary game of English billiards. 6. All the games mentioned are played on billiard- tables, with billiard- cues, billiard- balls, and billiard accessories, in the usual and ordinary manner. 7. All the games are games of skill combined with an element of chance of varjing degree, but in no case does the element of chance approach in importance the element of skill. 8. In the game of English billiards, which is a game for two persons ( or for four- two on each side), the general custom among players is for the loser or losers to pay for the use of the taoie, for which Is. per game is charged, but the players sometimes by mutual arrangement coniribute half each. The proprietor of the room looks to both or all the participators in the game jointly and severally, and is not affected by the custom. No stake is played for in this game. 9. The games of pool are round games in which a number of players take part, each staking such sum as the players have mutually agreed upon, and which is generally 6d., but occasionally Is., and never more tliau Is. Out of the money so staked the proprietor of the room is paid the prescribed charge for the use of the table, and which varies according to the variety of the game played, and is from 2d. per player upwards. The winner of the game is by the rules thereof entitled to the stakes, iess the amount paid for the use of the table. 10. Games of pool are invariably played as a series of games; an isolated game is almost unknown. 11. The proprietor of the room is in all cases aware that the games of pool are played under the foregoing conditions, although his only interest in the said games is the fee he receives for the use of the table. 11A. The game of pool in its several varieties is played in the defendant's room practically daily, in several series of games each day. 12. The informant admits that the games aforesaid have been played in public billiard- rooms in New Zealand for the past thirty- five years, under precisely the same conditions as aforesaid, without challenge by any constituted authority until 1907, and he believes that they have been so played in New Zealand and other parts of the British Dominions for a much longer period than thirty- five years. Earl, for the appellant: — The conviction is under section 4, subsection 1, of the Gaming Act, 1908. The prosecution must contend that playing games of skill for stakes renders a house a common gaming- house if one of the purposes for which the house is kept is the playing of such games. In every game other than a game depending on pure intellectual effort there is an element of chance, even when the games are games of skill. The playing of lawful games if played for money does not render a house a common gaming house, and lawful games are games of skill. In the case of Craig v. Bo van ([ 1901] 2 Ir. R. 429) pin pool was recognized as a game of skill ; also in Dyson v. Mason ( 22 Q. B. D. 351.) [ The Solicitor- General.— We admit billiards to be a game of pure skill, but submit that games of pool, if played with marbles, are mixed games of chance and skill, and therefore games of chance.] The issue of marbles is not necessary and invariable. The provisions of the Gaming and Lotteries Act of 1881, sec- tion 5, are substantially reproduced in section 5 of the Act of 1908. '! here is no definition of " common gaming- house" in the Act of 1881, except such as can be gathered from the provisions of section 5 and section 2. Seotion 10 of the Aot of 1907 is reproduced in section 4 of the Act of 1908. By seotion 12 of the Act of 1907 ( sec- tion 11 of the Act of 1908) clubs are included, except those holding charters under the Licensing Act. The Statute 8 & 9 Vict., c. 109, s. 2, is practically the same as section 5 of the Act of 1908, except that " and " is used in the English Act where " or" is used at the end of line 4 of the New Zealand Act. The case of Jenks v. Turpin ( 13 Q. B. D. 505) is relied on by the prosecution, but Hawkins, J., after discussing the words " in default of other evidence," & c., bases his judgment on the finding that the house was proved to be a common gaming- house at common law, and therefore all gaming carried on therein, even at lawful games, was unlawful. A. L. Smith, J., at page 530, defines " common gaming- house," and this defini- tion has been reproduced as part of the definition in our Crimes Act, 1908. The next enactment in pjngland was 17 & 18 Vict., c. 28, s. 4, in which the offence of keeping a house for unlawful gaming is crea ed, and it was under this provision that the defendant in Jenbs v. Turpin ( 13 Q. B. D. 505) was convicted. In New Zealand, on the au- thority of Jenks v. Turpin ( 13 Q. B. D. 505), t>> e common law could have been invoked where the evidence specified in section 5 was not forthcoming. This was the provision until the Code was passed in 1893 : Ste section 6, which is repro- duced as section 5 of ihe Act of 1908. Section 163 of the Crimes Act defines a " common gaming- house." This has taken the place of the common- law definition. If the bouse iu question does not fulfil the requirements of the Gaming Act of 1908, or is within the definition of the Crimes Act, 1908, the proprietor cannot be punished. The words in section 5, " in default," & c., allow the Court to refer to the Crimes Act. There cannot be a third class of house not within either of these two statutes, and this is what the Magistrate has held. Cooper, J , in Rex v. Eager ( 23 N. Z. L. R. 552) decided that the Gaming Act and the Crimes Aot were complementary to each other'. [ EDWARDS, J.— May not it be proved, for the purpose of prosecution under the statute, that the place is a common gaming- house at common law?] No. The definition in the Crimes Act has declared the common law. The case of Lee Sun v. Connolly ( 7 Gaz. L. R. 494) deals with Jenks v. Turpin ( 13 Q. B. D. 505), and al.= o the provisions of the Code and the Gaming Act. If the intention of the Legislature is to make a house a common (, gaming- house, and the owner punishable, if any games are played there for money stakes it would have said so. The games intended to be prohibited are unlawful games. The Solicitor- General, for the Croivn : — Although billiards is a game of skill, pool played with marbles is a game of mixed chance and skill, and therefore a game of chance within the meaning of the Gaming Act. Every place kept for playing at a game of chance for money is a common gaming- house under the Gaming Act. The Magistrate has gone further, and based his judgment on the proposition that playing a game of pure skill for money makes the place a common gaming- house. Another ques- tion arises— whether playing a game of billiards on terms that the loser pays for the table is gaming. The term " chance " in the term " game of chance " is much narrower in scope and meaning than the term " uncertainty." All games are uncertain, and therefore, if uncertainty was the same as chance, all games would be games of chance. " Chance " is an element of uncertainty purposely intro- duced into a game in order to make the issue depend wholly or partly not upon human skill, but upon the decrees of fate. Similarly, an element of difficulty is not an element of chance. " Game of ohance " is defined in the American and English Encyclopaedia of Law ( Vol. xiv, p. 704). A mixed game of skill aud chance is a game of chance within the meaning of the Gaming Act, and is declared unlawful by section 10. There is no authority on section 10, but section 8 has been interpreted in England to include a game of mixed chance and skill : Tollett v. Thomas ( L. R. 6 Q. B. 514). If a game is unlawful under section 10, sec- tion 5 makes the premises where the game is played a common gaming- house. There are three possible alterna- tive meanings to be given to the term " common gaming- house " in the Gaming Act: 1, A common gaming- house in the literal meaning of the term— i. e., a place of common resort for the purposes of gaming— playing any game of skill or chance for any stakes ( this is the view taken by the Magistrate); 2, a " common gaming- house" means the place defined iu section 163 of the Crimes Act, 1908, except so far as expressly modified by the Gaming Act ; and, 3, a " common gaming- house" in the Gaming Act means a common gaming- house indictable as a nuisance at common law. " Gaming " means playing at any game for money or money's worth: Dyson v. Mason ( 22 Q. B. D. 351) ; Fuller v. Fouhy ( 24 N. Z. L. R. 753) ; Marshall v. Creen ( 26 N. Z. L. R. 161). In America it was decided that playing on the terms that the loser pays for the table is gaming: State v. Book ( 20 Am. Rep. 609). [ EDWABDS, J.— The players can make no possible profit out of the game.] That is so, and if that is a good distinction it is not gaming. [ CHAPMAN, J.— Was it in the contemplation of the Legis- lature that playing under such conditions should be con- sidered gaming ?] i 1911.1 N E W Z E A L A N D P O L I C E G A Z E T T E. 581 Possibly not. Playing for a prize is not gambling. A place where gaming is carried on is a oommon gaming- house. [ WILLIAMS. J.— May not that mean unlawful gaming ?] it is submitted not. The natural meaning of a " common gaming- house" is a place of resort kept for gaming in its widest signification. It is, however, difficult to maintain that a " common gaming house " means a place where any kind of gaming is carried on, in face of section 5 of the Gaming Act, which specifies special kinds of gaming as suffi- cient to prove a place a common gaming- house. Section 5 was originally section 2 of 8 and 9 Vict., c. 109, which has an explanatory preamble explaining the reason for its enact ment, which was to apply its provisions to pluces of restric- tive admission. The preamble is omitted from our Act. As to the second alternative definition, the Legislature in the Gaming Act did not mean to incorporate the definition of " common gaming- house " in the Crimes Act. The Gaming Aot dates from 1881, and the Crimes Act from 1893; and before 1893 the words " common gaming- house" in the Gaming Act did not mean what they mean in the Crimes Aot, and there is no reason why they should do so now. Even apart from this, it is impossible to read the two definitions together. Section 163 contains no referenoe to an unlawful game, and except under subsection ( b), where the chances are unequal, the place must be kept by a person for gain. The definition is much narrower than the defini- tion to be gathered from the Gaming Act. Coming to the third alternative : The authorities seem to show that keeping a place for gaming is not per se indictable as a nuisance at common law. Gaming is lawful at oommon law : Bacon's Abridgment, Title " Gaming " : see also Saxby v. Pulton ([ 1909] 2 K. B. 227); Moulis v. Owen ([ 1907j 1 K. B. 746). But common gaming- houses are indictable as nuisances at common law. The test is whether they are dangerous to public morals and amount to nuis- ances : Hawkin's Pleas of the Crown ( Vol. ii, 145) ; Rex v. Higginson ( 2 Burr. 1232) ; Rex v. Rogier ( 2 Dow & R. 431) ; Jenks v. Turpin ( 13 Q. B. D. 505). At common law it made no difference whether the games were of chance or of skill. The rule is laid down in American and English Encyclopaedia of Law ( Vol. xiv, 704). A form of indictment is given in Chitty's Criminal Law ( Vol. iii, 677), and the instrument of gaming was a billiard- table. The common law was modified by 8 and 9 Vict., c. 109, where the offence of keeping a common gaming- house was for the first time punishable on summary conviction, and certain kinds of gaming were specified— inter alia, " unlawful games," which must mean games declared unlawful by statute. In 1881, when the Act was passed in New Zealand, there was no New Zealand statute making any game unlawful, and therefore the reference was to the English statutes in force when the colony was established. The first English statute, 12 Rich. II, c. 6, was repealed by 21 Jac. I, o. 28. The earliest ' statute in force in England, but not in New Zealand, as not applicable ( o the conditions of the oolony, is 33 Hen. VIII, i c. 9, s. 11, except repeal as to games of skill by 8 and 9 Vict.,, c. 109. The statutes in force in New Zealand are i apparently 12 Geo. II, c. 28; 13 Geo. II, o. 19; 18 Geo. II, c. 34. In Glasson v. Witty ( N. Z L. R. 2 S. C. 118) it was decided that euchre played for money in a publichouse was i not unlawful, as the Licensing Act then only prohibited , unlawful games. In consequenoe of this decision the Licens- I ing Act was amended. In 1907, by the Gaming Act, all games of chance were declared unlawful within the meaning of section 5 of the Act of 1881, and it is now unnecessary to go back to the English statutes. Section 10 renders surplusage the latter part of section 5, subsection 1. Every game of chance which includes games of chance and skill are unlaw- ful. Pool is a game of chance and is unlawful, and the place where the game is played is a common gaming- house. Sari, in reply :— Iu pool, marbles are not used to give an advantage to one player over another, but only to give a variety and zest to the game : See American and English Encyclopaedia of Law, under the heading " ( jame of Chance," where the suggested question whether the game is one of chance or skill is one for a jury, and recognized an element of chance in all games. Cur. adv. milt. ( The judgment of the Court appears in Police Gazette, 1911, page 389 ) Solicitors for the appellant : Earl and Kent ( Auckland). Solicitor for the respondent: J. A. Tole, Crown Solicitor ( Auckland). EXTRACT FROM NEW ZEALAND GAZETTE ( From Gazette, 1911, page 3654.) Inspector of Factories appointed. Department of Labour, Wellington, 4th December, 1911. IS Excellency the Governor has been pleased to appoint Constable THOMAS INGRAM to be an Inspector under the Factories Act, 1908. The appointment is dated the 25th day of November, 1911. J. A. MILLAR, Minister of Labour. H Return of Persons summarily convicted at Magistrates' Courts, but not sent to Gaol. tt* of Offender. Where tried. Whea. Offeuoe. Sentence. i Native Of Trade. Com- plexion. NUM. Distinguishing Marks, Ac. ft. in. f - • 1 O'Neill, Patrick Auckland 25/ 11/ 11 grossly indecent act .. fined £ 2 Ireland labourer 1864 5 H fresh . grey blue small Craig, Leonard Auckland 25/ 11/ 11 assault ( 2 charges) fined £ 5 N. Zealand driver 1887 5 5 fresh . sandy blue medium O'Meara, Harry Auckland 25/ 11/ 11 assault ( 2 charges) fined £ 2 10s. .. N. Zealand labourer 1892 5 5* sallow . brown grey . medium O'Donovan, John Joseph Auckland 25/ 11/ 11 grossly indecent act .. fined £ 2 Ireland agent 1853 6 0 Iresh . brown, turn- grey . medium 11 fresh . ing grey Lecky, Alexander Auckland 24/ 11/ 11 theft 2 years' reform- N. Zealand clerk 1894 5 • brown blue medium ative tre a t - ment Rice, Louisa Augusta Auckland 24/ 11/ 11 receiving stolen property to come up if N. Zealand domestic 1883 5 4 sallow . black dark , medium called on Johnson, Frederick, alias Auckland 27/ 11/ 11 incorrigible rogue to come up if Ireland blacksmith 1871 5 sallow . dark- blue broken Edward called on Walker, Herbert Hilton Auckland 29/ 11/ 11 theft from a dwelling .. sent to Weraroa N. Zealand schoolboy .. 1902 3 8 fresh . fair blue medium training farm 10 Downs, Joseph Auokland 30/ 11/ 11 indecent act fined £ 1 and N. Zealand labourer 1875 5 sallow . • light brown grey . medium Richardson, Percy Auckland 2/ 12/ 11 assault costs fined £ 2 England .. fireman 1885 5 8 fair • light brown grey . medium Fahey, Edward Auckland 2/ 12/ 11 obscene language fined £ 2 England .. seaman 1857 5 _ fallow . • grey hazel . bent Treves, George Stratford 28/ 11/ 11 wilful damage fined £ 1 N. Zealand labourer 1889 5 7 fresh . brown brown . medium Uhlenberg, Augustus Stratford 28/ 11/ 11 wilful damage fined £ 1 N. Zealand labourer 1884 5 7 dark . • dark dark . medium Fisher, Charles Hind Ohakune 30/ 11/ 11 theft fine or| 14 days N. Zealand boarding- 1878 5 8 fresh . . dark brown, grey . Roman Petherick, Albert Edward .. house keeper turning grey Napier 27/ 11/ 11 wilful damage fined £ 2 and N. Zealand driver 1893 5 7 fresh . . fair blue . medium Hyde, Alfred Ernest Hastings 1/ 12/ 11 theft costs to come up if N. Zealand painter 1888 5 ?} dark . . dark ha/. el . medium called on McKay, Alexander Woodville .. 28/ 11/ 11 obscene language fine or 48 hours Scotland .. labourer 1886 6 0 fair . brown brown . medium Beattie, Stanley James Otaki 1/ 12/ 11 theft fined £ 5 and N. Zealand farm 1873 6 0 dark . . black blue medium Drain, Robert William oosts manager Featherston 4/ 12/ 11 theft fined £ 5 and N. Zealand labourer 1884 5 fresh . . brown i grey . crooked Rankin, Edward .. Picton 2/ 12/ 11 obscene language costs fine or 1 month Scotland .. sailor 1875 5 4 fair . brown grey . . medium Whitten, Edward Neil Christchurch 4/ 11/ 11 theft ( 3 oharges) sentt. oBurnham Ireland schoolboy .. 1894 4 8 fair • gmger brown . medium Indus. School Quilter, William ChriRtchuroh 7/ 11/ 11 wilful damage to make resti- England .. seaman 1877 5 n. dark . . dark blue . medium tution Murray, Matthew Cbristchurch 8/ 11/ 11 illegally on premises .. to come up if N. Zealand jookey 1880 5 5i fresh . . light brown It. grey large called on Medium build ; bald on top of head. Right foot deformed. Very boyish appearance. Stout build. Thin build. Thin build. Impediment in speech ; strong build. ( See Police Gazette, 1911, page 405.) Emblem on ohest; IN LOVING MEMORY OF MY WIFE and heart on right forearm. Victoria Cross on each wrist. Stout build. Scar over right eye. Scar on bridge of nose; very small eyes; erect gait. Scar on inside of upper right arm. IS. J. M. and clasped hands on right forearm. English coat of arms on right arm; flags and ship on left arm. ( See Police Gazette, 1909, page 243.) See Police Gazette, 1911, page 535. Return of Persons summarily convicted at Magistrates' Courts, but not sent to Gaol continued. eo Haitie of Offender. Where tried. Webb, William Kearney, Donald ., Allan, William Parry, Henry John Blyth, Elizabeth .. Hill, James Whittaker, Charles Teare, William, alias Gill Milligan, Edward William Ormiston, James .. Fantham, Joseph .. Skelly, George Wallace, William Tapling, William Frederick, alias Topling Sullivan, John Sinoook, Edwin Henry Greig, Peter Henry Armstrong, Andrew Aitken, Effie Margaret Woodsides, Alfred Gray, Robert Gray, Rose Minnie Bertrand Christchnrch Christchurch Christchurch Christchuroh Christchurch Christohurch Christchurch Christohurch Christchurch Christchurch Christchurch Christchuroh Christchurch Christchurch Ashburton Dunedin Dunedin Middlemarch Balclutha Inveroargill Invercargill Inveroargill When. | 1 Offence. Sentonce. Native of Trade. p M o 1 n L • a BE 0) Com- plexion. Hair. KIM. Nose. _ | ft. in. 8/ 11/ 11 obsoenelanguage fined £ 2 or 1 N. Zealand labourer 1882 5 81 fresh .. brown hazel .. long month 8/ 11/ 11 breach of the peace fined £ 1 or 7 Australia .. labourer 1890 5 41 fresh .. dark brown blue medium days 9/ 11/ 11 illegally on premises .. convicted and N. Zealand teller 1864 5 7 fresh .. dark brown dk. grey medium discharged medium 10/ 11/ 11 obscene language to come up if England labourer 1856 5 2 i fresh .. brown grey .. called on 11/ 11/ 11 illegally on premises .. convicted and England .. domestic 1862 5 2 fresh .. brown .. blue medium discharged 13/ 11/ 11 theft fined £ 1 and N. Zealand traveller and 1878 5 11 fresh .. brown blue medium costs guesser medium 17/ 11/ 11 theft to come up if N. Zealand canvasser . . 1874 5 9 fair brown, turn- hazel .. called on ing grey 13/ 11/ 11 illegally on premises .. convicted and Isle of Man labourer 1856 5 91 fresh .. brown grev .. medium discharged medium 17/ 11/ 11 theft ( 3 obarges) to come up if N. Zealand message- boy 1897 4 8 fair brown blue called on 21/ 11/ 11 theft ( 3 charges) fined £ 2& make N. Zealand labourer 1883,5 8 dark .. light brown brown .. medium restitution 21/ 11/ 11 assault fined £ 5 and N. Zealand engine- cl'ner 1888 5 91 fresh .. dark brown . medium costs and fireman 28/ 11/ 11 false pretences to make resti- Australia .. labourer 1896 5 u pale dark brown brown .. sharp tution pointed 28/ 11/ 11 theft convioted and N. Zealand labourer 1879 5 111 fair brown hazel . . medium discharged medium 22/ 11/ 11 assault and robbery 12 mo'sprob't'n N. Zealand carpenter & 1888 5 41 fresh .. black brown .. labourer 2/ 12/ 11 theft to make resti- N. Zealand guesser 1889 5 5 very fair very fair grey .. large tution 28/ 11/ 11 theft 6 mo's proba'n N. Zealand carter 1882 5 8 fresh .. fair grey .. medium and make re- stitution 28/ 11/ 11 theft 6 mo's probat'n N. Zealand carter 1883 5 6 fresh .. fair grey .. medium and make re- stitution 30/ 11/ 11 indecent language fine or 14 days Sootland .. stockman .. 1878 5 7 fresh .. fair dk. blue medium 15/ 11/ 11 abandoning a child to come up if N. Zealand domestic .. 1885 5 5 fresh .. brown brown .. medium called on with- in 6 months 17/ 11/ 11 keeping liquor for sale fined £ 50 N. Zealand fruiterer 1870 5 7 pale fair, turning blue short grey 27/ 11/ 11 keeping liquor for sale fined £ 50 N. Zealand fruiterer 1881 5 9 fresh .. fair blue large, hooked 27/ 11/ 11 keeping liquor for sale convicted and N. Zealand fruiterer 1882 5 6 pale .. black hazel .. straight discharged Difltingnishirip Mums, Ac. .. [ See Police Gazette, 1911, page 531. Snake, MOTHER, clisped hands, & o., on right arm ; ship, buoy, and clasped hands on left aim. Scar on left cheek ; bandy- legged. ( See Police Gazette, 1903, page 185.) Anchor on left hand. ( See Police ( gazette, 1909, page 180.) Gazette, 1900, page 122.) See Police. GateUe, 1905, page 142. 1 p. c. Very sharp face ; narrow jaws and chin. F. P. Photographed at Wellington, 25/ 8/ 11. ( See Police Gazette, 1911, page 427.) Star on left forearm. S5 H IS fej > F > U V O F i— i C W Q > CS3 fe) • H Sharp features. CTt 00 00 RETURN OF PRISONERS REPORTED AS DISCHARGED FROM GAODS DURING THE WEEK ENDED 2ND DECEMBER, 1911. ftftol, and Name of Prisoner. Where tried. When. Offence. Sentence. Native of Trade a o « a • SP " 3 33 Com- plexion. Hair. Eyes. Nose. i When di9- j charged. Beumrks, and Previous Convictions. ( F. P. indicate* that finger- impreisions have been taken.) Auckland Johnston, Frederick, alias Edward Reynolds, William ( MoCauley, George Taylor, John Rowley, Joel Vicar Simons, Charles Berry .. Dario, Salvetti Stirling, William, alias Sterling Prentice, George Sydney Chitam, Edward, alias Chitham Dwyer, John, alias James Allen, Rudolph, alias Randolph Lee, Samuel John vagrancy remanded . remanded .. Ireland .. blacksmith. ft. in. 1871 j 5 9} | fresh .. Auckland 17/ 11/ 11! theft M. C. .. remanded .. Australia., carter .. Onehunga 20/ 11/ 11 breach of a prohibition fine or 7 days Ireland .. carter M. C. order Treanor, Peter, alias Trainor Treanor, John James, alias Trainor Palmerston N. M. C. Auckland S. C. Auokland S. C. WeBtportM. C. Auckland M. C. Auokland M. C. Auckland M. C. Auokland M. C. Rotorua M. C. Auckland M. C. Auckland M. C. Taumarunui M. C. Taumaiunui M. C. 21/ 11/ 11' default of maintenance remanded N. Zealand labourer 188515 6 1866 5 6 J H891 5 8J 28/ 11/ 11 28/ 11/ 11 9/ 11/ 11 17/ 11/ 11 20/ 11/ 11 21/ 11/ 11 27/ 11/ 11 20/ 11/ 11 21/ 11/ 11 31/ 10/ 11 21/ 11/ 11 24/ 11/ 11 25/ 11/ 11 25/ 11/ 11 fresh . sallow . brown brown dark brown fresh .. black blue- gr'y hazel .. dark br. dark br. opening postal packet destroying postal pack- false pretences ship- desertion escaping from custody breach of a prohibition order assault assault carnally knowing a girl under 16 unlawfully bettiDg breach of a prohibition order cruelty to a horse to coine up if called on to come up if oalled on 14 days remanded remanded 7 days remanded 48 hours remanded fine or 1 month 1 month fine or 7 days N. Zealand N. Zealand Italy Scotland .. England .. N. Zealand England . . N. Zealand labourer postal cadet seaman labourer school teacher hawker 1892 5 8| fresh 1894 5 6 fair 1885 5 H dark . brown . light brown , black broad, broken long long large blue blue dark br. labourer hawker breach of a prohibition; 7 days order .. England .. fireman 1869! 5 4f burglary burglary .. remanded .. N. Zealand cooper .. remanded .. N. Zealand labourer 1881 5 11J dark swarthy- black .. brown .. large dark brown ( dk. blue large pointed 1852i5 7J fresh .. brown, turn- grey .. ing grey .. medium .. medium broad 1857 5 i'i fresh .. brown .. grey .. medium 1880 5 6J fair .. light brown blue .. medium 1879 5 4J fresh .. brown .. blue- gr'y medium 1877 5 0$ fresh .. 1871 5 7} swarthy 27/ 11/ 1116 p. c. Stout build; two boil- marks on right forearm ; two scars on right ring- finger ; boil- mark on left foiearm ; scar on bridge tf nose. F. P. Photographed at Auckland, 14/ 10/ 10. ( See Police Gazette, 1911, page 405.) 27/ 11/ 11 Scar on palm of right hand and middle finger; large scar on chin. 27/ 11/ 11 17 p. c. Top off right middle finger ; scar on right temple, back of head, left elbow, right knee, and left shin; stout build. F. P. Photographed at Auokland, 4/ 11/ 07. ( See Police Gazette, 1910, page 520.) 28/ 11/ 11 Ballet- girl, two flags, and four stars on right forearm ; large burn- scar on right elbow ; soar on right wrist; cross inscribed DEAR on left forearm. I 28/ 11/ 11 Scar on right thumb, left wrist, left thumb, and between left index and middle finger. F. P. 28/ 11/ iliSmall mouth; soar on right forearm, and between left thumb and index finger. F. P. 28/ 11/ 11 Scar above and at side of right eye ; snake's head, dot, and LICE on left forearm ; throe burn- scars on right forearm. F. P. 29/ 11/ 11 2 p. c. Ship, E. H., and star 011 right forearm; dot on right hand ; ballet- girl and diamond on left forearm ; star on left hand ; stout build. F. P. Sentences cumulative. ( 8ee Police Gazette, 1909, page 276.) Piece out of right ear. dark brown blue .. medium dark brown hazel .. medium 29/ 11/ 11 29/ 11/ 11 30/ 11/ 11 30/ 11/ 11 30/ 11/ 11 30/ 11/ 11 30/ 11/ 11 Scar on right thumb, left index finger, and left middle finger. F. P. Fine paid. 6 p. c. Clasped hands and heart on left forearm ; F. P. ( See Police Gazette, 1911, page 317.) 6 p. c. Scar on right middle finger and on chin ; large eyes. F. P. Photographed at Auokland, 28/ 6/ 07. ( See Police Gazette, 1907, page 275.) 9 p. c. C. LOGAN on right forearm ; bracelet on right wrist ; ring on right middle finger. F. P. Photographed at Auckland, 28/ 6/ 09. ( See Police Gazette, 1911, page 474.) 3 p. c. Long scar on baok of neck and behind left ear. F. P. Photographed at Wellington, 16/ 12/ 05. ( See Police Gazette, 1906, page 14.) 21 p. c. Scar on nose, right wrist, over left eye, and on corner of left eye; right little finger crooked. F. P. ( See Police Gazette, 1910, page 342.) RETURN OP PRISONERS REPORTED AS DISCHARGED PROM GAOLS DURING THE WEEK ENDED 2ND DECEMBER, 1911— continued. Baol, and Name of Priioner. Where tried. When. Offence. SenUnce. Native of Trade Auckland - continued. Alexander, Alfred, alias Moore Hunter, John, alias Baker Jones, William, alias Beatty, William Henry, alias O'Halloran, <£ c. Bell, William Percy Clifford Came, Francis Peter Auckland M. C. Thames M. C. Whangare M. C. Te Awamutu M. C. Auckland M. C. Smith, Bernard, alias Faber. alias Wilson, alias Newman Weston, Nathaniel Charles Carmichael, William .. O'Brien, William Williams, Albert Edward M. C. Auckland M. C. Auckland M. C. Auckland M. C. 24/ 11/ 11 theft 2/ 10/ 11 idle and disorderly . theft 16/ 8/ 10 obscene exposure 24/ 11/ 11 4/ 9/ 11 4/ 9/ 11 3/ 10/ 11 4/ 11/ 11 1/ 12/ 11 A n o k 1 a n d 17/ 8/ 11 M. C. O'Shanghnessy, James E iward Smith, William, alias Charles, alias Arctier, William theft idle and disorderly theft assault obscene language breach of a prohibition order absconding from surety accessory to murder breaking and entering discharging firearms with intent to do bodily harm escaping from custody remanded 2 months 7 days 12 months Australia .. remanded 3 months 3 months 2 months fine or 1 month fine or 7 days imprisonment till after trial of Martha O'- Snaughnessy acquitted 2 years 10 years 1 year Wales Australia., labourer N. Zealand England .. Wales labourer steward labourer < 3 M 5 i Com- plexion. Hair. Even. Note. When dis- charged. Remarks, and Previous Convictions. ( P. P. indicaUi that finger- impretsion* hai* f> een taken.) canvasser .. 1887 N. Zealand bushman .. 1881 canvasser .. 1877 ft. in. 5 3f fresh . 5 9j It. copper 5 54 fresh .. N. Zealand schoolboy ..! 1894 England .. traveller .. 1879 5 11 5 10 fair fresh . 1879 1857 1876 5 6 fresh . 5 6* 5 H 1853 5 74 Australia .. barman .. j 1891 5 8J Ireland .. storekeeper ,1870 5 3J Australia .. barber I 01?; IT I 1885 4 11$ • 1 - d fresh . sallow . fresh . ' P V sallow. t: ' fresh . fresh . i ft . . » :• dark brown black dark brown, turning grey light brown dark brown grey light brown dark brown dark brown, turning grey dark brown dark brown red T "? J V i 1 . , k ~ a blue .. dark br. large broad grey .. medium blue .. medium hazel .. medium brown .. | medium grey .. hazel .. medium medium blue .. medium grey .., small VI hazel .. imedium hazel .. imedium 1/ 12/ 11 1/ 12/ 11 1/ 12/ 11 1/ 12/ 11 2/ 12/ 11 2/ 12/ 11 2/ 12/ 11 2/ 11/ 11 2/ 11/ 11 2/ 12/ 11 2/ 12/ 11 2/ 12/ 11 Female and two butterfly's wings on right fore- arm ; star, eagle, and woman's head on left forearm ; peculiar gait. 6 p. o. Pierced heart and clasped hands on right upper arm ; eagle, clasped bands, & o., on right forearm ; woman's head between fl « gs, tiger, and eagle on left forearm ; heart on left wrist; strong build. F. P. Photographed at Napier, 16 3/ 04. ( See Police Gazette, 1911, page 488.) 9 p. c. Heart and anchor on right upper arm ; H. M. S., anchor, crown, Clio, and skipping- girl on right forearm ; sword, W. E. J., cross, and shamrock on left forearm ; dagger piercing heart on chest; scar on forehead. F. P. Ar- rested 8/ 2/ 11. Photographed at Auckland, 6/ 11/ 11. ( See Police Gazette, 1898, page 41.) Scar between right thumb and index finger and on upper lip. Scar on right side of chin ; lizard and tiger on right forearm ; snake on left forearm. F. P. Photographed at Auckland, 5/ 9/ 11. 1 p. c. in New Zealand und 26 p. c. in Australia. Cross, heart, and anchor on right forearm; outline of woman on left forearm; star and heart on left band ; horse and jockey on left breast; horse- shoe on right leg. F. P. Photo- graphed at Auckland, 25/ 4/ 11. ( See Police Gazette, 1911, page 280.) 12 p c. Stout build; cross on right forearm. F. P. ( See Police Gazette, 1908, page 333.) Cr< ss, W. R. C., and sun on right forearm; star on left upper arm ; dagger and two flags on left forearm. F. P. 6 p. c. Australian coat of arms on left forearm ; goddess of Liberty and Maltese cross on right forearm ; scar on nose and left wrist. F. P. Fine paid. ( See Police Gazette, 1911, page 500.) Laige scar on right wrist; slight build. See Police Gazette, 1911, page 455. 1 p. o. First joint of left little finger contracted ; large scar on right temple. F. P. Photographed at Auckland, 21/ 5/ 06. Sent to mental hospital. RETURN OP PRISONERS REPORTED AS DISCHARGED PROM GAOLS DURING THE WEEK ENDED 2ND DECEMBER, 1911- bsantvnued. Gaol, and Name of Prisoner. I Where tried. I When. Offence. Sentence. Native of Trade. 00 B Com- plexion. Hair. Eyes. Nose. . When dis- . charged. Auckland— continued. Peterson, Violet Jane, alias Williams Hamblyn, Susannah Allen, Ellie, alias Mary Ann, alias Redmond, Priscilla, alias Allan Rotorua— Coutts, Henry Donald .. Opotiki— Dalzel, Robert, Dalziel alias Gisborne— Attwood, Frank Philip Hogg, William Toomey, John Napier Hynds, John .. New Plymouth- Taylor, Albert Wilson, George, alias Morrisy Lumsden, Charles Blun- dell Wanganui— Kidner, Ernest, alias Bailey, Henry, alias Sutton, alias Connor, alias Martin Wellington- Hunt, Frank .. Ferraro, Phillis O'Brien, John Fraser, Norman, alias Braziar, alias Watson, John Auckland M. C. A u o k I a n d M. C. Auckland M. C. Rotorua M. C. Opotiki M. C. Gisborne M. C. Gisborne M. C. PalmerstonN. M. C. Gisborne M. C. Napier M. C. Eltham M. C. Stratford M. C. N. Plymouth M. C. Marton M. C. Wellington M. C. Wellingt on M. C. Wei liogton M. C. PalmerstonN. M. C. - 5 ft in. 18/ 11/ 11 soliciting prostitution.. remanded N. Zealand prostitute .. 1876 5 2" florid .. brown brown .. small 25/ 11/ 11 procuring abortion remanded England .. nurse 1857 5 0 sallow .. brown blue medium 1/ 11/ 11 soliciting prostitution.. 1 month N. Zealand cook 1859 5 22 faded .. black, turn- grey .. small 31/ 10/ 11 default of costs fine or 48 hours ing grey 21/ 11/ 11 false pretences ( 2 ch'gs) fine or 1 month N. Zealand carpenter .. 1866 5 8. pale light brown It. blue small 18/ 11/ 11 vagrancy 7 days Ireland labourer 1857 5 10* sallow .. grey blue large 25/ 11/ 11 theft remanded England .. Railway 1893 5 91 faii- light brown blue- gr'y medium cadet 20/ 10/ 11 illegally on premises .. 30 davs N. Zealand labourer 1875 5 7 fresh .. brown blue broken 9/ 5/ 10 default of costs fine or 14 days •• 16/ 11/ 11 drunkenness.. fine or 48 hours Australia .. miner 1858 5 6 fair light brown blue flat breach of a prohibition fine or 14 days order 23/ 6/ 11 incorrigible rogue 6 months Ireland labourer 1849 5 7* fresh .. dark brown brown .. medium 31/ 10/ 11 false pretences 14 dayt England .. musician .. 1875 5 H dark .. dark brown .. medium theft ( 2 charges) 7 days on each 17/ 11/ 11 rogue and vagabond .. 14 days N. Zealand labourer 1862 5 8J fresh' .. grey browu .. medium 30/ 11/ 11 indecent assault on com'd for trial N. Zealand carter 1888 5 8i fresh .. light brown hazel .. small female 20/ 11/ 11 obscene language fine or 30 days England .. labourer 1877 5 10 fresh .. dark browu brown .. sharp disorderly conduot fine or 7 days 21/ 11/ 11 attempted theft fine or 7 days England .. bushman .. 1879 5 5 dark .. brown dark br. wide 28/ 8/ 11 idle and disorderly 3 months N. Zealand charwoman 1883 5 04 freBh .. light brown grey .. medium 15/ 11/ 11 wilful damage fine or 24 hours Australia .. clerk 1873 5 5 fresh .. grey hazel .. medium drunkenness.. fine or 24 hours obscene language fine or 14 days 1/ 11/ 11 idle and disorderly 1 month N. Zealand labourer 1881 5 6| freBh .. brown hazel .. medium Pemnrks, and Previous Convictions.. . ( F. P. indicates that finger- impressions hare been taken.) 27/ 11/ 11 9 p. c. Slight build. F. P. ( See Police Gazette, 1911, page 436.) 27/ 11/ 11, 2/ 12/ 11 5 p. o. Scar on right side of ohin and on forehead. F. P. Second warrant executed 27/ 11/ 11. Sentences cumulative. 21/ 11/ 11 4 24/ 11/ 11 See Police Gazette, 1911, page 16. 25/ 11/ 11 Two moles on left bicep and two on right cheek. Bailed. 18/ 11/ 11 1 p. c. No upper teeth. Arrested on release 1/ 12/ 11 from previous sentence. F. P. ( See Police Gazette, 1908, page 135.) 1/ 12/ 11 1 p. c. 1/ 12/ 11 6 p. c. ( See Police Gazette, 1911, page 270.) 27/ 11/ 11 Mole on left arm. F. P. 30/ 11/ 11 2 p. c. Lump on abdomen ; moles on back. F. P. 2/ 12/ 11 Scar on left cheek and arm. F. P. Bailed. 24/ 11/ 11 Numerous p. c. Upper front teeth missing; various tattoo- markB on both arms. Fine paid. ( See Police Gazette, 1910, page 121.) 27/ 11/ 11 Nose broken ; strong build. F. P. 27/ 11/ 11 3 p. c. F. P. ( See Police Gazette, 1911, page 281.) 28/ 11/ 11 Large brown scar on left shin. F. P. 30/ 11/ 11 9 p. c. Two scars on forehead ; scar on upper lip ; woman's head on right forearm and left upper arm. F. P. Photographed at Auckland, 26/ 8/ 10. ( Fee Police Gazette, 1910, page 398.) RETURN OP PRISONERS REPORTED AS DISCHARGED PROM GAOLS DORING THE WEEK ENDED 2ND DECEMBER, mi- continued. Saol. and Name of Prisoner. Where tried. • When. OfUnee. Sentence. Native of Trade Com- plexion. Hair. Eyes. Wellington— continued. Wren, Henry James .. Croft, Edward King, Ernest, alias Keenan, alias Martin Pohipi, Mat hew, alias Pui, alias Busby, alias Tukaroro Palmer, James, alias Mason Armstrong, James, alias James Oliver Thomas, William Cunningham, William Justin Connelly, James, alias Baxter, John, alias McDonnell, James, alias Marsden, George, alias Williams, Frank, alias John, alias Mc- pherson Henderson, Alfred Arthur Greymouth— Porteous, Lester William Lyttelton— Robbins, James Lund, Daisy Alexandria Gledhill, Archibald An- derton Wellington 31/ 10/ 11 . theft M. C. Westport M. C. 20/ 10/ 11 theft 1 month 6 weeks England .. England .. labourer seaman Wellington S. C. Wellington S. C. BlenheimM. C. Wellington M. C. Wellington M. C. Wellington M. 3. Wellington M. C Wei lington S. C. Greymou t h M. C. Cbristchurch M. C. Timaru S. C. Christchurch M. C. 16/ 8/ 09 theft ( 2 charges) .. 3 years .. N. Zealand I bootmaker 10/ 5/ 10 false pretences ( 4 c'hgs) 2 years on eaoh N. Zealand labourer 26/ 6/ 11 rogue and vagabond .. 6 months .. j N. Zealand 24/ 11/ 11 25/ 11/ 11 27/ 11/ 11 29/ 11/ 11 2/ 12/ 11 20/ 11/ 11 20/ 11/ 11 5/ 9/ 11 28/ 8/ 11 31/ 8/ 11 illegally dealing in liquor fine or 7 days America .. illegally dealing in liquor breach of a prohibition order fine or 48 hours fine or 7 days England Ireland conspiring to defraud at remanded .. [ England Sydney- labourer labourer labourer miner breaking, entering, and theft theft idle and disorderly breaking and entering ( 2 charges), and theft ( 4 charges) default of maintenance breaoh of by- law 12mos probat'n remanded remanded 12 months' re- formative treatment arrears or 3 months fine or 48 hours N. Zealand N. Zealand N. Zealand N. Zealand 1877 1882 1882 . 1881 . 11872 . 1855 1862 1858 1871 ft. in. 5 3J dark brown hazel .. 5 4J sallow .. • 5 9$ 5 7i swarthy dark brown dark br. black copper., black I .. dark br. .. brown . . 5 2J sallow., brown, turn- hazel .. ing grey 5 5J sallow., brown, turn- brown .. ing grey I swarthy grey .. hazel .. 5 8J fair .. grey .. blue .. 5 9 [ fair .. brown .. It. blue Noie. When dis- charged. Remarks, and Previous Convictions. ( F. P. indicatet that tlnter- impreuiom have bun taktn.) medium medium medium broad long medium medium mediu medium farm hand fitter farmer domestic N. Zealand land agent. 1894 5 9 dark .. dark brown, It. blue medium 29/ 11/ 11 curly 1887 5 8J sallow.. dark blue .. long 27/ 11/ 11 1868 5 8 fair . brown blue medium 25/ 11/ 11 1890 5 1 sallow .. light brown hazel .. medium 27/ 11/ 11 1868 5 U fresh .. grey grey .. medium 28/ 11/ 11 30/ 11/ 11 10 p. c. Clasped hands and heart over TRUE LOVE on right arm ; crucifixion on obest; H. R. on left hand ; scar on right little finger, on forehead, and left side of head. F. P. Photographed at Wellington, 1/ 11/ 09. ( See Police Haiette, 1910, page 421.) 30/ 11/ 11 E. CROFT, TRUE LOVE, sailor, & o., on right arm; faint bracelet on right wrist; five- pointed star on right hand ; small scar on forehead ; woman's head, dagger, and emblem on left arm ; LOVE on left fingers. F. P. 1/ 12/ 11 16 p. c. in Australia. Scar on left hand. F. P. Photograph in Police Gazette, 1909, page 164. 2/ 12/ 11 5 p. c. Woman's bead on right forearm; PUHI in wreath on left forearm ; scar on right cheek. F. P. ( See Police Gazette, 1907, page 163.) 2/ 12/ 11 11 p. c. Star on chest and right hand. F. P. Photographed at Napier, 1/ 4/ 04. ( See Police Gazette, 1910, page 420.) 30/ 11/ 11 17 p. c. Large growth on left side of neck : faint dot between right thumb and index finger; several dots on right forearm ; bracelet on left wrist; large growth on left side of chest. F. P. ( See Police Gazette, 1911, page 199.) 27/ 11/ 11 Bracelet on right wrist; anchor between right thumb and index finger; bracelet on left wrist; emblem on left forearm. 2/ 12/ 11 3 p. c. Large scar on left forearm ; left little finger broken. F. P. ( See Police Gazette, 1911, page 229.) 1/ 12/ 11 j Several p. c. Scar on one index finger, forehead, and above right eye; borse- sboe, whip, and clasped hands on right forearm'; indistinot scar across right cheek. F. P. Extradited to New South Wales. ( C. R. 11/ 445) ( See Police Gazette, 1909, page 298.) Scar under left knee. Soar on left index finger ; pock- pitted under left eye. Scar on left hand. ( See Police Gazette, 1911, page 555.) False upper teeth. F. P. Discharged on pro- bation on condition that she enters the Army Home, Christohurch. 1 p. c. F. P. ( See Police Gazette, 1910, page 156.) * Z H N t= J > > 2S tJ a H ® > ts 69 h3 00 RETURN OP PRISONERS REPORTED AS DISCHARGED PROM GAOLS DURTNG THE WEEK ENDED 2ND DECEMBER, 1911— ctmtinued. Gaol, and Name of PrUonor. Where tried. When. Offence. Sentence. Native of Ly ttelton — continued. Fletcher, Sylvester Nicholas, Leonard Henry Alfred Robertson, Leonard Whitford, John, alias William Martin Nicholls, Joseph, alias Emerson Timaru— Hannau, Thomas Dunedin— Sincock, Edwin Henry Greig, Peter Henry Invercargill— Armstrong, Harold Wixon, John .. Christchurcn M. C. Christchuroh M. C. Cbristchurch M. C. Napier M. C. Christchurch M. C. Timaru M. C. Dunedin M. C. Dunedin M. C. Finlay, John McLellan Gourley, John Christohurch S. C. [ Invercargill S. C. Invercargill : S. C. Invercargill M. C. 31/ 8/ 11 25/ 11/ 11 28/ 11/ 11 27/ 11/ 11 3/ 6/ 11 2/ 11/ 11 idle and disorderly indecent exposure false pretences default of maintenance rogue and vagabond .. theft 28/ 11/ 111 theft 28/ 11/ 11 15/ 8/ 10 28/ 11/ 11 28/ 11/ 11 4/ 9/ 11 theft charges) breaking entering, and theft assault and robbery .. carnally knowing a girl under 16 indecently assaulting a female under 16 theft of postal packets drunkenness .. 3 months 7 days remanded remanded 6 months fine or 1 month 6 mo's probat'n 6 mos probat'n 9 months 9 months acquitted acquitted 12 mo. probat'n 3 months N. Zealand N. Zealand N. Zealand N. Zealand N. Zealand N. Zealand N. Zealand N. Zealand N. Zealand N. Zealand N. Zealand N. Zealand Trade bootmaker , schoolboy . labourer labourer labourer labourer labourer carter labourer fisherman . cadet tailor a o m Com- plexion. Hair. Eyes, Nose. When dis- j charged. Remarks, and Previous Convictions. ( P. P. indicates that finger- imprensions have been taken.) Ot 00 OD 1878 1897 1890 1880 1886 1883 1882 1883 1890 1894 1892 1880 ft. in. 5 54 5 9J 5 6J 5 5f 5 4| 5 6J 5 9J 5 9£ fresh ..! light brown fresh ... sandy .. fair dark auburn brown fresh .. dark, curly.. dark fresh florid fresh sallow . fair dark brown light brown light brown brown black ! fair swarthy [ dark brown grey hazel blue blue blue blue grey .. grey .. blue .. hazel .. blue- gr'y brown .. medium medium medium medium short . medium medium large medium broad large medium 30/ 11/ 11 3 p. c. One joint of! right index finger ; wart on right thumb. P. P. Photographen at Ly ttelton, 26/ 8/ 99. ( See Police Gazette, 1900, page 10.) 1/ 12/ 11 Scar on nose. P. P. 1/ 12/ 11 Scar on cheek and both thumbs. 1/ 12/ 11 1 p. c. J. W. and scar on right arm; pear on neck. ( See Police Gazette, 1910, page 271.) 2/ 12/ 11 11 p. c. Scar on right wrist, second joint of left index finger, and left side of upper lip. P. P. Photographed at Wellington, 4/ 3/ 08. ( See ; Police Gazette, 1911, page 170.) 1/ 12/ 11: SARAH, LOVE, and wreath of ferns on right arm; bust of woman, MAY, and fern- leaf on left arm ; blue dot on left hand. P. P. 28/ 11/ 11 28/ 11/ 11 Star on left forearm ; three dots on back of left wrist. F. P. ( See Summary Conviotions, this issue.) Several scars on both cheeks; right index finger stiS from knuckle. F. P. 27/ 11/ 11 1 p. c. Scar on left hand. F. P. Photographed at Invercargill, 4/ 11/ 11. Sentences cumula- tive. ( See Police Gazette, 1910, page 223.) 28/ 11/ 11 Half- caste Maori; birth mark under left ear ; two small brown spots on breast; four birth- marks on baok ; scar on side of left knee. 28/ 11/ 11 2/ 12/ 11 Birth- mark on abdomen; forearms freckled; several black spots on back ; varicose veins on right leg. 6 p. c. P. P. Photographed at Invercargill, 19/ 10/ 07. ( See Police Gazette, 1911, page 418.) fel cs tei • tr1 > 52S U • d o F I— I a H Q > cs feJ H By Authority : JOHN MACKAY, Government Printer, Wellington. W a w