ALLEGED SWINDLING CASE.

Star (Christchurch), Issue 17190, 6 November 1923, Page 8

ALLEGED SWINDLING CASE.

JUDGE’S REMARKS. Pmti Press Association. Al CKLANI). November 6. ■ The case was continued at the ! Auckland Supreme Court to-day in which two professional wrestlers, 1 Maliamed Ali Sunni and Theodore l Gudding. were charged with conspir- ! ing to defraud John and Annie SerJ combe ol £305 and with cheating in betting and (heating in wrestling. After evidence on helialt of Sunni f had been given, Mr Justice Stringer j asked the Grown Prosecutor what case he had against Sunni. His Honor j said that the evidence of Sercombe j and his wife in regard to Sunni visit- • ing their house on two specific occasions had been absolutely refuted by | overwhelming evidence. Sercombe j u.s a discredited witness in that he was an accomplice and that lie was j attempting to swindle other people, j The Crown Prosecutor said that be would prefer the case; to g*> to the } jury, frail as the evidence was. j His Honor: T shall tell the jurv j pretty plainly they could not possibly , it* justice or leasou -convict Sunni on • the. evidence. 'Air Singer on behai of Gudding said ; that the charges of conspiracy must ; drop. ■ His Honor; It is certainly not conspiracy to defraud Sercombe and his i wife. On the contrary, if there was ! conspiracy it was conspiracy to enrich ! them. Mr Singer added that the charge j of false pretences must also go and j also the charge of cheating at betting, , for it was admitted that Gudding had i not netted. Again, if Sunni was to | be believed, there had been no cheatling at play, namely, during the j wrestling. | His Honor: Did he attempt to cheat. on have Gudding’s own statement. I that he did. | Mr Singer; It is not sworn, and under the circumstances Sercombe was capable of getting Gudding to support his story. The | Crown Prosecutor contended that Sunni had doubled hack in the winning bout. The case is proceeding.