CONSPIRACY NOT PROVED

Taranaki Daily News, 15 October 1929, Page 11

CONSPIRACY NOT PROVED

TELEGRAMS TO BOOKMAKER ALLEGATION OF WILFUL DELAY. COURT DISMISSES THE CHARGE. By Telegraph.—Press Association. Gisborne, Last Night. William McKinnon, an indent agent of Gisborne, and Wallace Fountain, a telegraphist, were jointly charged at the magistrate’s Court to : day that on August 13 they conspired together to defraud Arthur Yeo, a Napier bookmaker, of £9O by means of a forged telegram, and that on August 15 they conspired to defraud Yeo of £BO by similar means. Evidence, continued from the last appearance, was given to-day by telegraph operators as to the procedure of despatching telegrams after receipt in the front office of the post office. Alexander Hazelton, an inspector of telegraph offices for the P. and T. Department, stated that between 4.39 and 4.53 p.m. on August 13 only two telegrams were handed in for transmission on the Napier circuit. One of these, referring to the horse Mem bo, which was timed as being received by Form-, tain at 4.39, was actually transmitted to Napier at 5.5, a delay of 24 minutes. In witness’ opinion there was no legitimate cause for delay. On August 15 two telegrams were transmitted on the Napier circuit between 4.30 and 5 p.m. A telegram referring to the hors; Black Mint was shown as having been received at 4.37 p.m. by Fountain and Morsed to Napier at 5.5 p.m., a delay of 28 minutes. The second message was accepted at 4.48 p.m. and not Morsed .until 5.13 p.m., a delay of 25 minutes. LEGITIMATE REASON.” None of the telegrams accepted at the telegraph counter between 4.37 and 5 p.m. were disposed of in the operating room before five o’clock.' There was no legtimate reason for the excessive delays on the Napier circuit. In his opinion the delays on that date and on August 13 were wilful. In reply to Mr. Burnard witness said telegrams were not accepted for bookmakers. He did not know whether the department had been informed Yeo was an alleged bookmaker. In witness’ opinion it was not the department’s function to state definitely any person was a bookmaker. The department did not deliver telegrams to Yeo; they were delivered as addressed (to A. Joseph). The department could not refuse to accept telegrams to any addressee which did not purport to be betting telegrams. Nd warnings had been issued to employees to make sure further wires to Joseph would require certificates. Witness was also cross-examintt by Mr. Wauc'hop on the procedure in the acceptance of telegrams. Detective McLeod produced racebooks stating that at Christchurch on Aug 1 s + 13 Membo’s race was timed to start at 4.41. Black Mint’s race .started about the same time. Witness and Hazleton interviewed Fountain on September 13 and obtained a statement. This was to the effect that the telegrams produced were accepted by him: and received from McKinnon, two of the six being signed “G. Symons.” Hr (Fountain) had never wilfully delayed any telegram and had never been approached by McKinnon or any one else to do so. Tn regard to a telegram referring to Flying Prince, he could not account for the original having gone astray. In a further statement Fountain said tho 15 telegrams produced had been accepted by him on the times mentioned. When placing'- the times on them in the first instance he inadvertently timed them an hour back. The times had been altered since by the initial D being placed on the respective telegrams. He (Fountain) had altered six but the balance had been altered by the operators. He was unable to account for the delay in the telegrams being sent. He was positive the delay was not intentional on his part. In regard to the Flying Prince telegram, if it was true there was no record of it through the cash register at the counter he was satisfied no original had been put in to him. at the counter. It would be impossible for a telegram to pass him without being noticed. As far as he could see the only -way a telegram could have been sent was that some operator sent it without the original.

(STATEMENT BY MeKINN'ON. McKinnon also made a lengthy statement; which was to that effect that k>y~ mens said he (McKinnon) could use a no reply telegram to Yeo if he wanted to. No arrangement was made to notify Symons that he was to participate in i. the wagers made with his no reply telegram, lie (McKinnon) explained an erasure on the telegram, saying he first wrote the word Membo: then erased it and printed in the word so as to ensure there would be no mistake. In regard to the Flying Prince telegram, he personally handed it in at the telegraph counter, the time being about 4.30 p.m. He did not know the man at the counter as he had no reason to take special notice. Ho was sure it was not Hands. After detailing other transactions, McKinnon said he never at any time approached any telegraph official to delay telegrams for him and time them wrongly, and if any telegrams sent by him were unduly delayed he was not a party to it. , . After hearing an address by counsel the magistrate, Mr. P. H. Harper, said in dealing with the allegation of con- ■ spiracy to defraud it was necessaiy for the Crown to prove forgery on McKinnon’s part, but this action had been iratified by Symons, as his evidence showed. The case therefore rested on the delays on the telegrams. Under the circumstances these delays appeared suspicious, but they might have been caused by several persons, the counter clerk, the distributor, or the operators.. lhe message of August 24 (Flying Prince), the original of which had disappeared, appeared the most suspicious of all, but 'ho did not believe on the evidence tendered that any jury would convict, lhe charges wore therefore dismissed.