UNSTAMPED TOTALISATOR TICKET.

New Zealand Herald, Volume XLIII, Issue 13170, 7 May 1906, Page 6

UNSTAMPED TOTALISATOR TICKET.

CASE AT MAGISTRATE'S COURT.

At the Magistrate's Court on Saturday, before Mr. W. C. (Riddel!, S.M., Benjamin Carter and Thomas Cole sued Harry H. Hayr, of the Avondale Jockey Club, for 28s, amount of dividend parable on the winner of the Handicap Steeplechase run at, Avondale on April *.

Mr. Baume explained that this plaintiffs wished to recover a dividend on a totalisator ticket which they bought from the defendant. The plaintiffs took two tickets on different horses in the Handicap Steeplechase. One of the horses -non. The difficulty of the matter was that the ticket was not stamped, there not. being the name of the. race on it.

Benjamin Carter gave evidence as to getting two tickets on the Handicap Steeplechase. He saw the race run, and after the finish he went back expecting payment. He was told that he could not be paid because the ticket was unstamped. He eventually asked Mr. 11. Hayr to pay on the ticket, but he refused. The horse, Aka Aka, upon which he had the ticket, paid 28s. The ticket was produced.

In answer to Mr. Hanna, witness said he did not have an altercation with the- clerks about change. He paid the money for the tickets in two half-sovereigns. As an old compositor he knew that a ticket could be easily printed by anyone. . Thomas Cole, expressman, said that he was a partner in the tickets with Carter. The trio horses were Sophia and Aka Aka. Carter. got .tickets and showed them to witness.

To Mr. Hanna: He saw Carter place the money on the counter, but he could not say how much he paid. He saw Carter get what purported to be two tickets.

A man named McHale stated that he had advised Carter to back Aka Aka. He saw Carter take tickets on No. 1 and No. 4.

Mr. Hanna said that the defence was an absolute denial that the ticket was issued in the circumstances stated by the plaintiffs. It was essential that_the totalisator should be kept accurately. He detailed the proceedure for working the toUlisator. The tickets were stamped, showing what race they were on. There was always a printed notice in a conspicuous place in the front of the totalisator warning patrons to make sum that their tickets were stamped before they left the counter. He had been instructed not to raise any merely technical point, as the club wished the matter settled on its merits.

'Richard Andrews said that on the clay in question lie was selling 10s totalisator tickets. His cash was correct on that day. He took £56 on that race. He remembered Carter buying a. ticket on that day. He handed Carter two tickets, both of which wer* properly stamped.

Thomas Barrett said that he was engaged in the 10s totalisator, and was stamping the tickets. He had been stamping for six years, and had never missed stamping a ticket. .

James Cooke, who had sole charge of the totalisator on the day in question, said Carter had' made a complaint to him and "asked to have a ticket stamped. Witness referred him to Mr. Hayr. He subsequently examined the book and cash and found they corresponded. The Magistrate, in giving judgment, stated that the evidence was conflicting, and the case rather extraordinary. Carter was not a novice, and had frequented racecourses. It was neglect on his part that he did not make. a complaint about the ticket sooner than he did. The duty was cast upon the plaintiffs k/seo that the ticket was stamped at the time it was issued. The plaintiffs would be, non-suited.