CONSPIRACY TO DEFRAUD

Dominion, Volume 18, Issue 191, 8 May 1924, Page 6

CONSPIRACY TO DEFRAUD

RINGING IN A TROTTER CONCLUSION OF THE DINGOKINGSDALE CASE BOTH ACCUSED FOUND GUILTY (BY TELEGRAPH—PRESS ASSOCIATION.) Dunedin, May 7. The Supreme Court was filled with a large crowd of auditors again today, to hear the continuation of the case concerning the alleged ringing in, at the Gore trotting meeting in October of last year, of The Dingo for the trotter Kingsdale. The accused, John Richards and Walter Leonard James Cameron, were indicted on four counts of conspiring to defraud the Gore Racing Club, William Francis James, and the public. The four counts brought against accused were: —(1) On or about October 1, 1923, at Dunedin, did conspire one with the other by fraudulent means to defraud the public, and in particular William Francis James and the Gore Racing Club; (2) oh the same date did conspire one with the other to commit a crime punishable by imprisonment with hard labour for three years, namely, the crime of obtaining moneys from tho Gore Racing Club with intent to defraud by false pretence by representing the trotting horse named The Dingo to be the trotting horse named Kingsdale; (3) on or about October 20, 1923. at Gore, with intent to defraud, did attempt to obtain from the Gore Racing Club the sum of £95 by, means of a certain false pretence, by representing The Dingo to be Kingsdale; (4) on the same date at Gore, with intent to defraud, did obtain from William Francis James the sum of £loB’’ 10s. by means of a certain false pretence by representing The Dingo to be Kingsdale. As indicated yesterday, the members of the jury were kept together last night. They slept at the Leviathan' Hotel, under police guards. Earlier in the evening they went to a place of amusement under escort. After the remaining witnesses who had given evidence in the Lower Court had been examined, Mr. Adams (Crown Prosecutor) intimated that he had a fresh witness, one who had not given evidence in the Lower Court. Mr. Hanlon said that the defence had no notice of what the fresh evidence was to 'qo. Mi Adams said that the witness had arrived from Christchurch last night. He had notified Mr. Hanlon five minutes after he knew that the witness was available. His Honour permitted the witness to be called. Oswald Edmonds Hooper said that he knew The Dingo. He had seen it driven about the roads since it was young, and half a dozen times he had driven it himself. This morning he had examined a horse in the police yard, and to the best of his belief it was The Dingo. In reply to Mr. Sinclair, witness said that'he had come to Dunedin because he had brought some horses down for the meeting here to-morrow. When he was here in January, he went to Grant’s stable and recognised a horso in the box as The Dingo. This closed the case for the Crown. For the defence, both Mr. Hanlon and Mr. Sinclair .intimated that they would cal! no evidence. After the adjournment for lunch, the horse in the police yard was taken into Stuart Street and ridden in hopples by Arthur Butterfield for the benefit of the jury. The demonstration attracted a large crowd. Mr. Hanlon, addressing the jury, stressed the point that Richards had acted in a very straightforward manner. and pointed out that it was. unlikely that he would be engaged in a conspiracy. When he went to James on the totalisator opening, he got a betting book from him. gave him a blankl cheque,, and afterwards was paid his winnings by cheque. That was not the action of a man conspiring. The point most strongly emphasised by counsel was that the horse shown to the jury stood 15 hands 3 inches high, while the measurement of The Dingo taken by McNeill. the horse’s former ownsr, was 16 hands 21- inches. . The Judge, in summing up, pointed out that the measurement of The Dingo was made by an amateur, and that it might not have been quite accurate. . 'Flic jury, after a retirement of hair an hour, returned with a verdict of guilty against both accused on the first and second counts, and added a recommendation to the New Zealand Trotting Association to exercise greater care in accentimr nominations. Dm Judge complimented the nolice on the manner in which thev had collected the evidence. Sentence was deferred.