For defendant, Mr. Ward submitted there wax no caxe to answer. There was not the lightest evidence that he knew the place wus used:
xaming, and if on the evidence the Court held that he hud nly and wilfully" perni premises to be used for unlawful gaming, the Cours would be making a crime for a man to lowe al: building to a club. If the police could not stop gambling, how could they expect Mr, Tamwa to do so? The whole proceedings were due to the fact that the police could not get at the proprietors of the club, owing to the conduct of the Brazilian Consul. The police saw there was an off chanre, in the extremely doubtful event of a convietion, that Mr, Tamwa would be forced to do their work for them, and that it would be Mr. Tamwa! who would have to go to the Brazilin Consulate, Supposing he did go, how would he be met? Counsel did not know whether it was an offence in Brazilian law to carry on a gaming house. In any event, the Court knew that a ian di not "knowingly and wilfully" per-gaming to go on in a house merely because he took no legal steps to oust his tenant. Even assuming defendant knew there.was rambling, "knowingly and wilfully,' permission to gamble was not thereby proved.
The Magistrate—He was told by Inspector O'Toole.
Mr. Ward—That was after the date of the lease, and has no Siznificanee. It was an assumption that because a man had gambled Eefore he would gamble again. There must be legal proof, and I zm mot here to prove the case for the prosecution. Tam not complain ing of the police. They have got to try and stop this thing if they possibly can, and this was, their only possible chance, when they found the Brazilian Consulate would not help them. These proceedings would never have been brought had the Brazilian Consular authorities done their duty. No doubt the Police went to that Consulate with, the clearest evidence that gam! was being carried on, and Maitland "emphasized that. defendant had been definitely me
Text read from the printed page and cleaned; old type leaves the occasional error.