THE CRIMINAL SESSIONS

New Zealand Herald, Volume LX, Issue 18396, 11 May 1923, Page 9

THE CRIMINAL SESSIONS

TOTALISATOR TICKET CASE.

ALLEGATION OF FORGERY.

TWO ACCUSED ACQUITTED.

The criminal sessions of the Auckland Supreme Court were . continued Testerday, Mr. Justice Stringer and Mr. Justice Herdman hearing several cases. Charges of forging the number of a totalisator ticket, and of uttering the ticket, were preferred against JohnAlexander Campbell, aged "31 (Mr. Singer), and Samuel Smith, aged 34 (Mr. Moody), who both pleaded not guilty. In a statement to the police, Campbell, a labourer residing at Summer Street, Ponsonby, stated that the ticket was shown to him bv a man whom he then knew as Sam. "The latter said he had picked it up and asked whether it was any good. Campbell said he thought it was and the other, man gave it to him to cash, it being agreed that they should share the dividend, amounting to £19 7s. In his statement Smith said he picked the ticket up near the totalisator at Ellerslie on March 31 last, and asked Campbell if he thought it any good. • Campbell said he thought so, and went off to see. Smith did not alter the ticket in any way. Harold Wells, a totalisator employee, said the number -of the ticket was "apparently 20, the number of the winner of the last race, but it had been altered from number 22. In reply to Mr. Justice Stringer, witness said that accused was at the window from seven to ten minutes, waiting for his money. Witness said that while the figures had been altered, the words "twentytwo " in small type remained unaltered. Sergeant Calwall said that when seen at the dividend window Campbell was under the influence of liquor. Campbell, in evidence, said he thought the ticket was a good one. He, however, did not see the words "twenty-two," otherwise he would riot have taken it to the window. He was under the influence of liquor, and Smith also had had some liquor that day. Smith also gave evidence, stating that he picked up the ticket and did not know it had been alienor). Mr. Justice Stringer pointed to the possibility of the ticket having been manipulated by some other person, perhaps out of idleness, but said it was left in such a state that it could not deceive an intelligent child. as the words "twenty-two" were plainly printed on it. Aftej a short retirement the jury brought in a verdict of not guilty and the accused were discharged, His Honor expressing the hope that this case would be a warning to them not to drink too much and not to appropriate things they picked up.

JURY UNABLE TO AGREE.

CHARGE OF THEFT OF CHEQUE. Albert Edward Lindsay, aged 39, labourer, of Howe Street (Mr. Sullivan), pleaded not guilty to the theft of a cheque for £20, and to a further charge of receiving the cheque, knowing it to have been stolen. The, facts as outlined by Mr. V. R. Meredith, Crown Prosecutor, were that a fruiterer named William Henry Thompson lost a cheque for £20 in the vicinity of the City Markets on February 19. He immediately stopped payment. * The cheque was next paid in bv a billiard saloon keeper, who stated that it had been given to him by accused in making a bet of £10, accused receiving two £% notes in change. When questioned by the police accused said that on the afternoon _ of February 19 a man, whom he described as athletic and having a swinging gait, asked him whether he could get him £10 on a certain horse running at Thames, . and on accused consenting handed him the cheque. Accused 'made the bet and ' handed : this man £10 change, the pair agreeing to meet later, but - accused had not seen the athletic man again, nor did he know the man. The evidence of the billiard saloon keeper was that the bet was booked to Lindsay, no mention, as far as he could remember, being made of any other person being interested in the iet. After evidence had been given by the accused as to how he became possessed of the cheque, Mr. Sullivan addressed the jury, contending that in regard to the charge of theft" the Crown had not discharged the onus upon it of proving that the accused stole the cheque. Lindsay had explained that he had come by the cheque honestly, and counsel asked that, if the jury had any doubt in regard to the charge of receiving, the accused 1 be given the benefit of that doubt. After being locked up for four hours the jury announced at 4.40 p.m. that they had been unable to agree, and they were therefore discharged, accused remaining in custody. y

INDIAN ALLEGES ROBBERY.

CASE FOR THE PROSECUTION.

" Robbery is a serious matter, as it is ] essential that people should be able to I go about the streets without being asI saulted by marauders and robbed," said I Mr. V. R. Meredith. Crown Prosecutor, jin opening the case against Peter I Tra«*r7 aged 42. and Alfred Croft, 45 ; (Mr. Sullivan), charged with having ! assaulted >. and robbed an Indian named ; Joala Singh. The charges were that ; they robbed the Indian of"£l, that they i assaulted him with intend to rob him, ; and that they stole the sum of £1 from ■ the person of Joala Singh. Both accused : pleaded not guilty. Complainant alleged that as he was j going "along Lome Street shortly after 7 p.m. on April 20, he met four j men. One shook hands with him and ! two got on each side of him. One got i hold of each arm and the others searched i his pockets, taking one pound from his ; trousers pockets. He called out "police," j but they walked away, complainant keepj ing them in sight, and when the police j arrived Croft was still in view. An officer of the Salvation Army said ; that- the two accused and another booked | rooms at the Army Home in Lome i Street about 7 o'clock on the evening !of the alleged offence, and then T*ent ; off down Lome Street in the direction | of Rutland Street. In the course of police evidence it ; was stated that Croft had admitted that ; he met the Indian in Lome Street and I shook hands with him. but he denied ': any part m the robbery. j The hearing will be" resumed at 10 j a.m. to-day.

YOUNG MAN'S OFFENCE. MAJOR CHARGES DISMISSED. ] A young man. Thomas James Daven- ; port (Mr. Sullivan), pleaded' not guilty j to two charge? of having indecently asI saulted a nine-year-old girl. An alterj native charge of indecent exposure was . preferred against accused. He had been I a hoarder at the house of the girl's mother,' I where the offences were alleged to have > taken place. , The jury returned a verdict of not • guilty on the major courts and of guilty jon the alternative charge. ; - Sentence was deferred till Monday.