THE BETTING CASES

Dominion, Volume 10, Issue 3188, 12 September 1917, Page 8

THE BETTING CASES

CONSPIRACY CHARGES J/. E. FITZGERALD GIVES EVIDENCE HOW HE SENT HIS WIRES Hearing of the charges against John Edward Fitzgerald (Mr. A. Gray, K.C., and Mr. G. G. G. Watson) and John M'Williams (Mr. H. F. O'Leary) of attempting to defraud Henry Mariindale and others of iM7S, and of conspiring to defraud, was continued by Mr. S. E. M'Carthy, S.M., in the Magistrate's Court yesterday afternoon. Mr. P. S. K. Macsussey condnctcd the prosecution, and Mr. T. Neave watched proceedings on behalf of Frederick Campbell Fraser, who has been committed: for trial in connection with the charges. Ktzgerald wa3 called as a witness, and his examination, cross-examination, and re-examin-ation occupied the whole of tho sitting. The Court was crowded. Shortly before 5 o'clock, when Fraser was about to bo put in the . witness box, the Court adjourned the hearing till Friday. John Edward Fitzgerald, motor importer, slated in the course of his evidence that he was a native of Wellington, and for some years had bean .a member of the Wellington City Council. He had occasionally done a little bettingHe was a supporter of sport generally. He had known Fraser' for some years, and had invested money for him at Fraser'6 request. He had known M'Avilliams for about ten years, and had had betting transactions with him. On tho first day of the last Wellington roces ho had invested money for Fraser on a horse called Glendalough, and on the second day had put money on San Sebastian for Fraser. Glendalough lost and San Sebastian won. Both investments were made through the! totalisator. Eespecting the third day of the races (Saturday), he met Fraser at midday the day before. Fraser 6aid ho had a '"good thing" for the last day, and asked witness if he could invest ,£SO or s£GO for him on the horse. Fraser did not mention tho horse, and Fitzgerald 'said thnt he wos going' to the meeting early, and therefore could not do what Fraser wanted him to. Fraser then said: "What about lending me your 'no reply* wire.'-' Witness replied that suoh a loan was not permissible—nor was it cnstomaij to use "no Teply" 'vires in the city. He understood that Fraser desired to work a commission with the bookmakers. Witness said he would do what he could for Fra6er. Ho met Mar. tindalo in the afternoon, and said that ho was leaving for the races early in the morning, and that a friend of his wished to back a horse. He asked Martindale if he would allow him to transfer his "no reply" wire so that it might be used in his absence. Martindale said: "Certainly, Fitzgerald," and further stated that it was riot every that was frank enough to ask permission. Witness did not say where the wire would be put in, and had no idea which office it would be handed in at.

Why Fraser Withheld the Name of the Horse. Mr. Gray: Martindale says you mentioned the "office—tho Government Buildings. Fitzgerald: Wrong! I did not know tho office at Government Buildings could be used by tho goneral public. I I bought it was for Departmental business cniy. 1 • dofy tho police to prove that I havo ever been in that office or used it for my private business. Fitzgerald saw Frasor later in the evening, and witness agreed to assist him to invest J!2O. Fitzgerald was to get a share of any winnings. Fraserasked if Fitzgerald knew anyone who would assist him to get more money oii the horse he desired to back. In tho Fitzgerald ,was speaking to M'Williams over the telephone, and told him that a friend of his had a "good thing," and asked if M'Williams hail any "no reply" v?ires. M'WilliV.ns replied that'he had about ill) worth, and asked tho name of the horso. Fitzgerald could not give the horse' 6 name,- and M'Williams agreed to meet Frasor on the following morning at Fitzgerald's business premises at about 8.30. When the. three met, Fitzgerald introduced Fraser to M'Williams .as the man who had the "good thing," but. did not say Fraser was the owner of a horse. At this time he was particularly busy, and could not give niuoh atteution to tlio other two, and 'left them discussing the question. However, he heard M Williams say ho was giving Fraser .560 or Jj7o worth of wires, but ho was not sure they would.all bo recognised because ho had made arrangements with some of the bookmakers. Throughout tho piece Fraser refused absolutely to give tlio name of the horse. Mr. Gray: Can you seo any reason why? Fitzgerald.: Only the usual commissioner's reason. They do not like to divulge the name till the last moment. It would reduce the dividend. Mr. Gray: So you did not know the name! - T , ~ Fitzgerald: No. I wish I had known it.

"Going to Make You Pay or Shut Up Business."

Fitzgerald said lie had heard M'Williams ask who was going to pay if the horse lost. 'Fraser said he would give his chequo, and, as M'Williams demurred, Fitzgerald said he would guarantee tfto amount. Fitigerald was to get portion of tho proceeds from his own wiros, but there was-not an offer of .£lO to M*\V"liams for the use of his wires. Beloro coing to .the races he had asked iraser to let him know tlie result oPthe. bet. Fraser had said the bet would be oil the first race. At the course Xuzgeiald backed Glondalough in the first race. Immediately after San Sebastian won he did not toll M'Williams that ho believed they were on San Sobastian, During, the afternoon he received at the course the following telegram from his accountant (Mr. John Leddy):. "Correct for first. Mr. GTay. The telegram was put in at Mr' Jtacassey: After tho whole thing was oyer. Mr. Gray: Fancy that! He told M'Williams that he had received the wire, and M Williams said "What a fool that Frasei is. it he had told us the horse we could have m T%- S™X?ionr4. °1L Scott • "We will accent no further telefmm vo'u" Disliking the ton© of the telegram Fitzgerald rang up Martindale and demanded an explanation. Martindalo said that the matter was lus ™ Itv ot any dishonourable action in S? statin"' thatlie intended conveying tei statin- against the postal t&rSßkesxx Martindalo said. ifitzgerald answer- « Sin« to make you prove your ed: 1 I'" ° oln ° money, or slrat up words; pay sa f d that if Fitzhusinoss. ■, it inij,'ht affectKt^gernld Martindale s coi re p providing then agreed not to gu JfartinMartindale P a $ ls!gßr aFd went to dale «Str eed - iusiness that day. Wanganui on • Martindalo, ° n returning, i' e M , wmiams BRW who P i„i ( i him that ho had Fitzgerald anil tolcl officoi nnd made inquiries . telegrams were had been told ; Fitzg erald m order. Bay d i, al , l)e ned to it had been discovered that the wires had been abused, and that someone would have to>euffor. Fitzgerald said: As tai as I am concerned that bet is on, after the inquiry I want my money." Mr. O'Leary: You said that on tho' Saturday morning. You lintroduced ' M'Williams to Fraser, I tako it, then,

M'Williams did not know Eraser previously. Fitzgerald: I do not think he did. Mr. O'Leary: And M'Williams had had no part in the previous betting transactions which you had had with Eraser? Fitzgerald: No. But M'Williams and I had had transactions. As to, the amount M'Williams was to reserve for himself, do you remember that tho first suggestion was that ho should have .£lO worth reserved for 'himself?—"l do not remember that." Tho final arrangement was that =E2O was to be reserved for him?—"Ono-third of tho amount'of the wires which were honoured." Mr. Macassey: When ! did you first know these wires had been forged? Fitzgerald: I do not know that now.When did you first hear of it?—" When iSlartindale mentioned it." Fitzgerald said that Fraser had said even that day (yesterday) that the wires were genuine. Fitzgerald had not guaranteed Fraser's chequo to M'Williams, But had offered to guarantee it. Martindale lied if he said Fitzgerald asked permission to put the wire in at the Post Office at the Government Buildings. Mr. Macasser referred to the. evidence of A. E. Whyte. secretary ot tho Wellin£ton"Ttacine_ CM).. Fitzgerald said: I contradict everything this man Whyte has said. Ho reminds me of the man Friday—Crusoe's Friday. Mr. Macassev: When did you realise you had done a serious tTTJIig in lending your "no-reply" wftffif? ' Fitzgerald: I do not seo now that i have done a serious thing. I am inFilled by my foiTcit'or, Tn whom I have implicit confidence Mr. Macassey: Never mind about that. 1 When "£id you first see that you 1 had placed yourself fn aiv aw&vard position by lending your wires ?—"When you made your grossly exaggerated statements. When you gave Oie lio two or t'hrea days' stiU't throughout New Zealand." "Yhere Is no need to 156 Impertinent I" —"X am not impertinent, but I havo every reason to be lnffignanET' When you heard how your wires had been" alSnsed, were you not indignant?— "Even- 'to-day Mr. Fraser states to in# TTTiit the wires were- an" right, and he is the only person I can approach." I Mr. Neave protested that Mr. Macassey was conducting . his cross-examination on the assumption that there was guilt. No guilt had been proved, and Mr. Macassey should not be allowed to proceed on such lines. The next witness called was Fraser, but as the hour was late the Court adjourned tho hearing till Friday next.