CLAIM FOR MONEY

Ashburton Guardian, Volume 62, Issue 88, 24 January 1942, Page 2

CLAIM FOR MONEY

ALLEGED BETTING SEQUEL. THE PLAINTIFF NONSUITED A claim for £l3 was made by Herbert White against David Fitzgerald 'rn the Ashburton Magistrate’s Court yesterday afternoon, the money allegedly being a loan following a betting transaction which White claimed to have had with Fitzgerald. White said that on November 18, 1941, defendant owed him two sums, £ll 5s and £l3 on a betting transaction. Fitzgerald paid the first sum and later the second amount which he asked witness to return because the banks were not open and defendant was short of cash. Witness had three more bets with Fitzgerald that day. Witness asked defendant to settle up, when Fitzgerald said: “You won’t gel any money as I was not laying a double on that day.” Witness had six other bets of 10s each, and paid Fitzgerald £3 in addition to handing back £l3 on loan. Witness said he laid the double with Fitzgerald on November 15, but there was no record kept of the transaction. The horses won and the bet was worth £25 to £1 on which witness invested 10s. Witness had a docket in Fitzgerald’s hand-writing, but tore it up thinking that everything was all right. He had not been given an 1.0.tJ.

In reply to defendant, witness said he left the money with defendant’s agent. Witness was not allowed on a racecourse because of a conviction against him at Christchurch when he was fined £5.

White (addressing the Bench): Mr Fitzgerald has got one as bad as me. He was fined £4O.

In reply to the Magistrate (Mr H. Morgan), White said he had been betting with Fitzgerald for many years and had never any trouble before with the exception of a few differences which had been settled.

The Magistrate: Do you know that you are not entitled to sue for a wager. Witness: No, but I thought I saw a case in the North Island one time. The Magistrate: I would like to know of it if there was. He added that if the money was" paid out by Fitzgerald and then handed back it became a loan.

Continuing his evidence, White said he left a chit for Fitzgerald for the double in question, because Fitzgerald was holding funds belonging to him. In defence David Fitzgerald said he was a billiard saloon proprietor. He did not lay the double claimed by White, to anyone. “It is a lot of ‘hooey’,” declai’ed witness, who said that he denied the whole thing. “It is ridiculous,” he continued. He thought it was a joke and would have been withdrawn.

“You have to satisfy me that it is a joke,” stated the Magistrate. In reply to the Magistrate, Fitzgerald denied that he had issued a double chart produced by White. Nor did he have an agent in his saloon. The Magistrate: Do you lay bets? Witness: Well, I do as an agent, sometimes.

The Magistrate: Do you remember paying him £ll ss. Witness: Well, I do. Questioned further, Fitzgerald stated that White laid some bets with him in November last. He never accepted a double from White. He could not imagine himself borrowing money from White.

“I am not satisfied that this money is owing,’ said the Magistrate. Plaintiff was non-suited without costs.