ALLEGED " WELSHER."

Dominion, Volume 4, Issue 961, 31 October 1910, Page 8

ALLEGED " WELSHER."

CONVICTED OF THEFT. SENTENCE OF IMPRISONMENT. NOTICE OF APPEAL. At the Magistrate's Court' on Saturday morning, Mr. W. G. Riddell, S.M., delivered judgment in the police prosecutions against an alleged "welsher" named Victor M'Duff, alias Robert Waltor Watson, who 'had been plying his calling at Trentham oil October 22, and, who had been arrested after tho race for tho Champion Plato on a charge of obscene language and four charges of theft. "At>tho previous hearing M'Duff had been fined, for using obscene language, one of the charges of theft was withdrawn, and another dismissed, while the magistrate reserved judgment on the other two charges.; The police we're represented by ChiefDetective Broberg, whilo Mr. J. J. M'Grath appeared for accused.

11l the. course of his judgment the magistrate said:—This is a case whero the defendant is charged with having stolen- sums of money on October 22 at TrenthamI—£l1 —£1- the property of J. Marshall, and £1 the property of J. North. Defendant was a bookmaker, plying his calling on the "outside" at Trentham racecourse on the date mentioned. The evidence shows that he was the depository of certain ;"sumß of money on a race called the Champion Plate, won .by a horse namul Danube. In such a case tho defendant is a mere depositary, and only, obtains possession of the money until the event is decided. After the race the money becomes the property of defendant, or he makes certain payments to depositors, according to the result. In the event of the bookmaker refusing to pay, these moneys cannot be recovered by civil process because it is against public policy to gamble, and also because a bet is an illegal contract -under the Gaming Act. This does not affect the position as to whether defendant could steal the money or not, as, according to Section 238 of the Crimes Act, money is a thing capable of being stolen. "I "'have looked through the cases that have been cited by the Chief Detective, anl also the one mentioned by the defendant's counsel—that of Lomas v. Barnes, recently decided by Mr.' Justice Edwards at Wanganui. The fscts in this case are somewhat similar, but to my mind there is a difference between tliis case arid that of Barnes. Notwithstanding the result of that case, I looked at the; facts-in this light: "Defendant received' these moneys on deposit, and his actions all through indicate fraudulent intent. That was, perhaps, not sufficient at the time he received- the " ■' moneys to. convict • him . of theft, but before the time when the race ■was decided defendant deliberately dispossessed'himself of several of these deposits. If he had not done . that he would have had sufficient to return to depositors' their own • money. The inference I draw from - that is that defendant made up his. mind that a certain number 'of-, peoplo would not receive'their deposits. ; After the race he remarked to a number of clients seeking payment, .'1 am afraid I can only return you your money.' Iliat was a lie—a statement which defendant believed to be untrue.

.i "For the simple fact that he had dispossessed himself of a certain amount of, ! the deposits,, there, w.as insufficient money for the .full' amount of the deposits, to be returned. I .consider that that amounted'to theft, and defendant must bo convicted. Ho will be sentenced to one month's imprisonment on each charge.

Mr. . M'Grath : remarked that defendant was a man of considerable means, and had instructed counsel to give no: tice. of appeal in case of a conviction. Counsel therefore asked if his, Worship had found any evidence of or of any application by. either of the complainants for payment.

The .magistrate replied, that he considered that there liad been application for payment/.

Mr. M'Grath: With all du9 respect to your Worship, I suggest, that although defendant is alleged to have handed p. bundle of notes over to another, person just before the running of the Champion Plate, there is still no proof that tho bundle contained any of the deposits on that race or on that one horse (Danube). There is some evidence that defendant was robbed during the time that the' crowd was pressing round him. , ■' '' ' Security for .leave to. appeal was fixed at £10 the appeal to be prosecuted with all .possible dispatch. Bail was fixed at £50, and two sureties of £25 each. . '