BETTING TELEGRAMS.

Auckland Star, Volume LX, Issue 244, 15 October 1929, Page 12

BETTING TELEGRAMS.

CONSPIRACY NOT PROVED.

'CIRCUMSTANCES SUSPICIOUS.'

MAGISTRATE DISMISSES CHARGES

(By Telegraph.—Special to " Star.")

GISBORNE, this day

"The circumstances surrounding the delay certainly are suspicious, but the delay might have been caused by a rush of business or in other parts of the office. The Crown has failed to prove the essential ingredient of conspiracy, or, that defendant forged any of the telegrams, and the informations therefore must be dismissed."

In these words Mr. P. H. Harper, S.M., brought to an end the hearing of the charge of conspiracy to defraud which was levelled against a well known Gisborne business man, William McKinnon, and a telegraphist, Wallace .Fountain.

Inspector's Evidence,

After a number of telegraphists had given evidence yesterday, Alexander Hazletori, inspector of telegraph offices, entered the box. He said he made an inspection of all telegrams handed in at the Gisborne office between 4.39- put" and 4.5G p.m. on August 13. One, referring to the horse Mcinbo, which was timed as being received by Fotintain at 4.39 p.m., was actually transmitted to Napier at 5.3 p.m., a delay of 24 minutes. He considered that an undue delay. On August 15 there was a delay of 28 minutes in transmitting a telegram referring to Black Mint, and a delay of 28 minutes in another. There was no legitimate reason for the excessive delays on the Napier circuit, and in his opinion the delays were wilful.

"Delays Could Be Innocent."

In moving that the charge against Fountain be dismissed, Mr. Burnard said the evidence called had not'narrowed the charge down to any particular post office employee. There; was nothing to indicate why the allegation had been made against Fountain and not against one of the others on duty. There was no evidence to suggest -that Fountain had any agreement with McKinnon or that he had anything to do with McKinnon. Delay had been proved, but the Crown left unproved who was responsible for it. The evidence called showed that a delay was not unusual,, the average being about fifteen minutes. Delays could occur without a sinister motive, and nothing in the present case suggested anything criminal. There was absolutely nothing to suggest a motive for delay on the part of Fountain. " Symons Ratified Everything." Mr. Wauchop argued in similar strain on behalf of McKinnon, and said he was surprised to find no suggestion in the evidence that the two accused had conspired together in any way. If the case failed against one it must fail against both. It was clear that Symons' name had not been forged on the telegrams, as everything McKinnon did was ratified by Symons. McKinnan's actions were entirely those of an innocent man, otherwise, if he had reason to be afraid, he would not have endeavoured to. make Yeo pay the wager. There was nothiug even to cast suspicion on McKinnon. After summarising • the evidence the magistrate said he agreed with counsel, and dismissed the charges.