ALLEGED RAGING FRAUD

New Zealand Times, Volume XLVII, Issue 10897, 11 May 1921, Page 5

ALLEGED RAGING FRAUD

FORCED “TOTE” TICKETS UNUSUAL CIRCUMSTANCES IN SUPREME COURT CASE. ACCUSED FOUND NOT GUILTY. Somo umtsual circumstances were detailed during the heading of a case at the Supreme Court yesterday, when before His Honour, Mr Justice Flpsking, Robert Fox pleaded not guilty to a charge- of forging three £5 totalisutpr tickets at Trentham racecourse on January 21th last, and of uttering the same to William Herbert K'ntt. The court was crowded. Mr P. S. K. Macassey appeared for the Crown; Mr A. B. Sio\ wright appeared for accused. AT THE TOTALISATOR. William Herbert Phillip Evatt gave evidence that he was employed as “pay out” clerk at Trentham on January 24th. The race tickets produced were for the last Tace. At about 5.20 p.m. three tickets were presented to iim. They were on the seventh race, rhe tickets were not in order, and he asked the man presenting them to ivait. The tickets had the number obliterated and a fresh number inverted. He closed the window. As a result of his investigations he went back to the window, but the man haa gone. He could not describe him. To Mr Sievwright: The dividend totalled about £BO. The alteration or forgery would appear to be made with type. As a general rule he did not look at people when paying out. There were one or two men there when he same back to the window. Counsel: Well, one of the men may have been the one that presented the tickets?—l would not say thatTo Mr Macassey: I pm sure the man that presented the tickets was not there when I went back. DETECTIVE SENT FOR. John Herbert Turner, also employed on the totahsatar, said the winner of the last race was Automoana. He sent the mechanic for a detective, and went round to the window to identify the men that were there. A man named O’Brien was there. Witness did not see aecrfsed. Two and a half days after the meeting five and a half tickets were still unpaid. Three £5 tickets represented £ls, and there could not have been fifteen tickets unpaid. Cross-examined: The window in question was the one where amounts of £5 or over were paid. If there were a man in front of O’Brien, it was possible for him ttf catch an earlier train to town than O’Brien. EVIDENCE OP CHIEF WITNESS. Robert O’Brien, builder and contractor, gave evidence that accused was in front of him at the window—the last one on the south side, nearest so the railway. The pay clerk was icrutinising the tickets. The man was very nervous. The clerk said: “Wait \ moment,” and dosed the window. The man turned towards witness and then bolted towards the station. Witness watched him out of sight. Somebody said: “Look out that they don’t ‘nab’ yon.” Witness presented nis tickets and received his dividend. At the station witness again saw accused, and pointed him oiffc to his wife. A constable spoke to witness. In the train accused was seated next his wife as far as Kaiwarra. Witness next saw accused at the Easter races at Christ- j church, and pointed him out to the j racecourse detective. Cross-examined: Witness was quite! aware that it was solely on his evi- j donee that the charge was made against accused. He had never seen accused before January 24th, nor between that date and Easter. Counsel: Did the policeman put it to you that you were the man?—Yes, be did. Were you in possession of these £5 tickets?—No, Mt Sievwright. Yortt knew the police were looking .'or the man? —Yes. There were police on the station at Trentham. at Petone, and at Lambton, yet you say accused was in the same carriage with you all the way?—Yee. Did you speak to accused on March Ist at Stewart’s timber yard, when you were purchasing kauri?—lt may nave been him; it may have been anyone else. He did not know accused was employed at Stewart’s until the detective told him at Christchurch. Re-examined by Mr Macassey, witness said he gave his name and address and full particulars about himself to the police. , - Florence O’Brien, wife of the previous witness, identified acodtod as the wan pointed out to her by her husband at Trentham. She identified accused at Raccirton racecourse at Easter, and indicated him to her husband. Counsel for defence: Did ymi have any rubber stamps in your hag at Trentham?—Certainly not. Was you ir house searched?—No. Cbief-uetectno J.. Mcllveney, of Christchurch, gave evidence of His conversation with accused and of a statement taken from him. accused gives evidence. Acmtied gave evidence that he was with a man named White all day at the races. Witness put £1 on Automoana. White was with him. When the race was over witness went round to the window, which was not omen. There was a big crowd at the window. White was away looking for the amount of dividend payable, and returned and stood alongside witness, who received £5 12s 6d. _ The train was full when witnesagot into it. He had no newspaper. There was no de- j lay from when he got his dividend to the the train left. White returned to the hospital, where he was a patient. Witness had no type or rubber stamps. He saw O’Brien at Stewart’s timber yard on March Ist, and directed him to where the kauri timber was. Counsel: Was any suggestion made to you at Christchurch? Witness: Tea, a detective suggested that we should tell the justices that somebody else gave him the tickets, ami everything would be all right for fchn. Mr Macassey: Who was the A, little man, with a cap. Ba was in charge of the detective office. Is Mr O’Brien telling the truth?No, he is a liar all right. (Laughter.) . * ' Do you think he forged the tickets? —lt is quite likely. Richard Thomas White, t foreman. Fletcher Construction Co., said accused worked under him for two months. He was a straightforward, honest young man. , _ James William White, brother of the previous witness, said he was with accused at the races. He did not leave him, except to put money on the totalisator. when he was in his sight. They hurried there, after the last race.

His Honour: Some times yea see people running to the totalisator. _ Mr Siev wright: Your Honour naa evidently been there. His Honour: Oh, yes, I’ve been there. (Laughter.) William Cawthorn. foreman at Stew-

art’s timber yard, gave evidence as to visits O’Brien made to his yard. After a brief summing up on the part of Mr Justice Soaking, the jury returned with a verdict of not guilty, and accused was discharged.