MAURICE COSTELLO.

NZ Truth, Issue 601, 23 December 1916, Page 7

MAURICE COSTELLO.

Perhapa a quarter or an hour. Have you ever played poker Jn the Clyde Quay Hotel? — Never. Continuing-, witness said that he and Scott were intimate prior to the Pahiatua meeting — on a business basis. He was not aware that Scott did not go to race meetings unless he took his own horses. He had met Galbraith at Pahiatua. He asked Galbraith, gonerally, if he could find him accommodation. Galbraith had not promised to put his two boys m one bed (at his hotel) so that he could be put up there. It was someone else — Frank Higgot and "Dug" Webster who so promised. Here a lot of questioning took place anent the reason why witness came to take up his quarters m Scott's room. He had five* or six drinks that night — two "kola nips" and, perhaps, three or four whiskies when he went to the Rutland Hotel. Mr. McGrath: Were you sober? — I was . I had a glass of the wine after and that was all. Continuing, he said that he went to bed, but came down from his room at Scott's request. He knew that it was a common thing to have "a bob m and the winner shouts.". When he came into the room Scott ( >i!*re-e«V»(l "a 'bob' In" and he (witness) said, "Oh, all right," and threw In his shilling. When the playing- commenced he had to ask Scott to udviso him about the play as he knew nothing of the game of cards. Mr. McGrath: Then do you know if Scott's advice was correct? — You will have to ask a poker player, as I know absolutely nothing about the game, is a a fact that Scott suggested tnat you should not sign a cheque? — No, he did not. He -said that I should raise it to £15. Why did you leave out the date on tho £5 cheque? — Well, It was a bad pen and we were excited. I did not do Jt purposely. Will yon swear that you had the money m the bank when you drew those cheques? — I'll swear that the cheques were good then and are now. I never had a cheque returned to me dishonored or stopped one, either before I stopped these. Here a great deal of controversy took place re the production of witness's pass book. Ho emphatically declined to (rive Mr. McGrath an order to get his pass book, but said that, if tho clerks could make It up after lunch -he would bring it along nlmself. He had not told a certain dairyman and an hotel employee that be did not blame Scott.' Xa a matter of fact he did not blame 'anyone, but tho police did. Did you tell a certain dairyman, of MolcHworth-atreot, that you did not blamo Scott? — Never. Continuing, Crossley went on to say that be had told Zolglcr. Troy and Costello that the police had spoken to ht> n (witness) first. It was not trae but i ho had been advlaod by tho genaral public to SPRING SOME SUCH YARN on to them as "that" was their penem.) method of making a living. Ho had told the trio that the detective had made him atop the cheques, but such was/not true — they had udvJsed him. Scott was very agitated when he was accosted by the detective and the Masterton man appoamJ to bo perturbed, also. Her© tho witness emphatically denied that tho reason why ho complained to the police was because he bad not tho mondjr to meet the cheques. "Bloas my life! If I had written out

the cheques for a hundred or five hundred they would have been met. I never wrote out a cheque which could not be met m my life,"" said witness. Jn further answer to Mr. McGrath witness said that they had got him that far m the gome that he could have written out a cheque for £200 and have gone down with them and seen it cashed. He thought they were 'bluffing him. v To Mr. O'Regan: He was introduced to Troy, who was said to be a racehorse owner and who had dealt m dogs. His meeting with Troy was quite accidental on his part, and he had no reason to think it was otherwise on the part of Troy. There were six or seven persons taking part m the game. Mr. O'Regan: When did it occur to you that you had been taken down? — When he said, "Here's one ace, two aces, three aces, a deuce, and — half-a--minute — four aces." Directly he said that you knew that you had been taken down? — Yes. Why did you not complain then? — Well, I was just beginning to complain, but I was sober, anct so I knew I was la With a gang of sharks. .Didn't Troy cash the cheque m your presence and you received £10? — He did" not. You say that you do not understand the game of poker? — Yes. Then why did you draw one card?— Well. J've been told since that that is where I gave myself away. I could not poi&lbly improve the hand. To Mr. Willis: He did not know who dealt the cards, but Costello dealt the draw. He did not blame anyone.' It was the police who blamed them. Mr. Willis: Did not Costeilo lose?— He withdrew when he had bet up to £10. Then he lost?— Apparently. You say that you put m your shilling m the "shilling m" of your own free will?— Yes, 1 did. It was A SORT OF FRIENDLY THING. You don't suggest that there was any arrangement? — 1 don't suggest anything a-t all. I leave that to others. Why did you stay m bed m the same room with Scott if you thought he had taken you down? — Why shouldn't I? t had paid for the bed. Did you think you had been taken down? — I knew that I had been taken down (emphatically). Inspector Hendrey: You did not discuss this matter with Scott? — No, I slept m the same room with him, and he said that he was going to take his case to Mr. Wilford. Samuel Kraetzer, a raceoourse detective of Christchurch, said that he -was at the Pahiatua races on September 33 and ]4. The Inspector: Do you know the defendant Costello? — I do. Did you see him on the evening of September 13?— Yes, outside the door of the Commercial Hotel about 1.30. I came out of the hotel. I said to him, "How did you get on?" He said, "I want to see you to-morrow out on the course. I know a winner." Did you look for him oh the course the next day to get the "dead bird"? — I did, but he was not there. Did you see him anywhere alse? — Yes, at the Napier Park meeting on September 30. I asked him why he had run away and he said that HE HAD CAUGHT A COLD and did not go to the course. To Mr. McGrath: He had known Scott for a number of years and he had never known anything against his character. He could not say if Crossley had made any complaint as against Scott. -■-• ■ :" Arthur Hosklng, licensee of the Rutland Hotel, Pahiatua, said .that he knew all the parties m connection with the present case — those who had given evidence and those who were defendants. Crossloy came to his. house on the night of September 13. He was m the company of Scott and another man, Tho others had arrived at Pahiatua on an earlier date. He had not seen anything of the poker game, but, on looking m, he had seen cards on the table, face down. With regard to the game, the subject of the prosecution, he knew nothing. He heard Costello saying, "What on this" (referring to the heaps of cards). The Inspector: Did you see any cheques after the game? — Yes, a cheque was given to me to cash — a cheque for £30, By whom was it given to you? — By Troy. At what time of the night was the cheque given to you? — I couldn't say; but it was after ton o'clock. Witness went on to say that Troy bad asked him to cash the cheque, whereupon the witness had demurred, saying, "You don't want this cashed tonight?" Scott said, "The cheque is good enough," and witness said he would give Troy £10 and his cheque for the balance m the morning;. Troy consented to this and it was done. At first Troy was not satisfied with tho arrangement, and said, "Oh, give us tho lot of it now." He also saw tho £5 cheque. Troy had it, he thought. It was passed over to witness to change, when he said that It was undated. Scott said that he would take the cheque and give £5 for It; that waa on witness's refusing to cash it because it was undated. Scott did not give witness any money for the £6 cheque. What waa the rtrut thin* that occurred on the morning of September 14 m connection with that oheque? — Mrs. Hosking had opened the bar. Troy, Scott and several other* were present whvn Troy said, "What about fixing up tho cheque, Arthur?" and I said, "All right." Had you any instructions from Crossley or direction about the ehequo? —No, I don't think I bad. J Tho Detective-Sergeant wm the first to warn you about the cheque? — | Yea. Had you heard anything from any-

one else? — No, it was only the way m which Mrs. Hosking had told me about Troy's asking for the money. Did Costello, at any time during the day, make any demand on you for any money m connection' with the cheque? — I cannot remember. Did Troy, or Scott, or Anyone, make a demand on you on account of the cheque?: — Only at the time I mentioned. Here the Inspector wished to put the witness's statement m his hands TO REFRESH HIS MEMORY. and Mr. McGrath objected. The Inspector's witness was not hostile, and he was bound to take his answer. His Worship: Did Costello see you that morning—^or at any time — about the cheque?— (A pause) — I cannot remember. The Inspector: Did Costello speak to you about the case? — Yes, he said, "We are boys of the world and if we get a 'bob' or two It is nothing to do with anybody else." He said, "If you're up against me, I'm going to say that you had a hand m the game of poker." The witness, m further evidence, said that he remembered the parties taking champagne and stout. At this his Worship asked if he was to understand that the liquors were mixed, as the concoction was said to have been a favorite beverage of Bismarck's. To this Mr. McGrath replied that it was a favorite tipple with gay sparks and was known aa "millionaire shandy." (Laughter.) To the Inspector the witness said that Troy was quite sober when he (witness) retired. To Mr. Willis: He could not say whether Crossley was playing m the game when "How much on this?" was being asked by Costello. At this stage it was proposed to recall Crossley. Mr. McQrath objected, as he had wanted that gentleman recalled for the PURPOSE OF PRODUCING HIS ' PASS-BOOK. This had not been made up, but a statement from the bank was put m showing the amount to witness's credit on the date m question, September 14. Detective-Sergeant Sidney Rawle said that he interviewed Joseph William Scott on September 14. His statement (signed) went to show that he, m company with Crossley, went to the Rutland Hotel, Pahiatua. It was proposed to have a ''shilling m, 1 ' which was done. . It was then proposed to have a "dry one." This was done and it developed into "poker" betting. He (Scott) bet up to seven or eight shillings and then drew out. He saw Crossley put In the money and write I out the cheque. He had tried to persuade Crossley not to write cheques. The next day witness Interviewed Scott and he said, "Yes, we had a game. It was quite fair." He bad a pair of two, and, on drawing, he received another pair 6f twos. Subsequently witness met Scott at Pahiatua, who said that It was a nice mess he had got into and the detective warned him that he was speaking to a police officer, and anything which he said would be used against him. to which he replied, "Oh, , bo blowed. We had a little game and I lost £6 10s." He also reminded him that the statement he had made m which he was supposed to have given the publican £ 5 for the undated cheque was inconsistent with the facts. Scott, however, said that he had put the £5 down, but he did not know who had taken it up. 'It was after 7 p.m. when Troy said that he had been robbed and he had made no complaint to the police at the time of taking the statements. This concluded the case for the prosecution . All the accused were committed for trial at the Supreme Court, Wellington (which sits In February), and reserving their defence, pleaded not guilty. Ball was allowed In one surety of £50 or two sureties of £26.