PROFESSIONAL WRESTLERS.

Otago Daily Times, Issue 19012, 7 November 1923, Page 7

PROFESSIONAL WRESTLERS.

AN ALLEGED SWINDLE. CONSPIRACY CHARGE FAILS. (Pan United Pbers Association.) AUCKLAND, November 6. The case was continued at the Auckland Supreme Court to-day in which two professional wrestlers —Mahamed Ali Sunni and Theodore Gudding—were charged with conspiring to defraud John and Annie Sercombe of £305, and with cheating in betting and in a wrestling contest. After evidence on behalf of Sunni had been giveh, Mr Justice Stringer asked the Crown Prosecutor what case he had against Sunni. His Honor said that the evidence of Sercombe and his wife in regard to Sunni visiting their house on two specific occasions had been absolutely refuted by overwhelming evidence. Sercombe was a discredited witness in that he was an accomplice, and that ho was attempting to swindle other people. The Crown Prosecutor said he would prefer the case to go to the jury, frail as the evidence was. His Honor: I shall tell the jury pretty plainly they could not possibly in justice or reason convict Sunni on the evidence. Mr Singer, who appeared on behalf of Gudding, said the charges of conspiracy must drop. His Honor: It is certainly not conspiracy to defraud Sercombe and his wife. On the contrary, if there was a conspiracy it was a conspiracy to enrich them. Mr Singer added that the charge of false pretences must also go. and also the charge of cheating at betting, for it was admitted that Gudding had not betted. Again, if Sunni were to be believed, there had been no cheating at play—namely, during the wrestling contest. His Honor: Did he not attempt to cheat? You have Gudding’s own statement that he did. Mr Singer: It is not a sworn statement, and under the circumstances Sercombe was capable of getting Gudding to support his story. His Honor, in summing up, said the case was rather a happy instance of an engineer being hoist with his own petard. Sercombe engineered the swindle, and ho was the man who lost his money. Tho cose would have presented a very different and simple aspect if Sercombe had been indicted with the two accused in a conspiracy to defraud tho Indians whose money they were supposed to get. If the three had been charged it was difficult to see how on his own admission Sercpmbo and Gudding could have escaped. In the circumstances, ho would direct the jury that they could not possibly convict Sunni. The correspondence between Sunni and Gudding showed that it was Gudding who was proposing the “frame up.’’ and Sunni refused to have anything to do with it. Thus it was impossible to convict Sunni, and (ho conspiracy charge fell to tho ground. As regards Gudding, no charge of conspiracy could be supported against him, as it took two pepole to form a conspiracy. The two other counts were cheating in betting and cheating in playing at a game. Gudding had done neither The question was whether he had been guilty of attempting to cheat. Tho jury found both not guilty on all counts. THE ECONOMICAL TTMIRTEE. EXPERT ADMINISTRATION EFFECTS NUMEROUS SAVINGS. It is not a luxury, it is not even a heavy expense, to appoint The Trustees. Executors. and Agency Co. of N.Z. (Ltd.) to act as Executor. Trustee, Attorney, or Agent for your estate —not by any means. Tho Company has a fixed schedule of charges, and invariably these charges are saved over and over again as a result of tho greater efficiency with which your estate is administered. When you consider that the Company has had over 40 years of extensive and successful experience, that it employs a staff of specialises in trustee work, and that its first aini is to safeguard your estate, and act in tho best interests of the beneficiaries —when you consider these factors, it will be realised that there are numerous advantages to be gained by appointing this institution to manage your affairs. Full information gladly given, irrespective of the value of your estate. Address: The Trustee. Executors, and Agencv Co of N.Z. (Ltd.). Trustees Executors’ Building. Corner of Bond and Water streets, Dunedin.—Advt. I