POSSESSION OF £50 NOTES

Press, Volume LXXXII, Issue 24901, 14 June 1946, Page 6

POSSESSION OF £50 NOTES

STOLEN, THEN WON AT GAMBLING CLUB ORDER FOR RETURN TO OWNER ip.A.l WELLINGTON, June 13, On January 7, Mrs E. G? Deavoll, of Wellington, drew £lBO from the Post Office m three £5O notes and three £lO notes, a hag containing the money was stolen from her home a few hours later. The thief has not yet S® > r e ?ha7»in session of two ©f the notes' was in the bank. He was Waltef Howard Tricklebank, of Wellington, a barman, who in statement# to the police, said he won the money gambling at the Carlton Club in Willis street two nights Srevionsty. A police check proved lese statements, and they admitted that from their inquiries it did not appear that Tricklebank stole the notes. , The question then arose, who owned the notes, Mrs Deavoll or Trfcklebank? On May 16 Detective A. I. Knapp made application to the Magistrate’s Court, qnder the Police Force Act, for an order directing to whom the notes should be delivered. In a reserved to-day, Mr A. M. Moulding, ‘‘On January 17, according to his evidppce, Tricfclebauk went to the Carlton Club which, quite clearly on the evidence, given’ before me, is a gambling school. It is frequented by numbers of people whose chief, if not sole object ingoing there, is to gamble, and I am not satisfied upon the evidence that it is limited to so-called members. Close Scrutiny at Club “The police went to the club with Tricklebank, and it is apparent from their evidence that a close scrutiny was kept on those entering by people in charge of the club. Each person was scrutinised through a small aperture in a locked and barfed floor leading tp the premises. Various games of chance. “Tricklebank says he has never seen poker played there, and that he has been a member tor four dr five months, going there three or tour times weekly. Every time he has seen gambling bn a large scale, a'rid as mlltti as £BOOO to £7OOO on the table at one time, and has repeatedly seen and handled £5O notes therg. He says he has had as many as 10 £RO notes in fully, and at one stage had three £5O notes ip a side pockeUwhich he held three, the remaining two £5O notes are the subject of ttjg present proceed- _ . . , T^‘ et APguires no Title Tricklebank had refused to give the names of those who were at the club when he got the notes, the Magistrate continued. The Magistrate pointed out that g thief acquired no title tp stolen money and could not pass on a title ,? uch !u a ™e th °d as giving it away. Jt thief put it into circulation ’’ then those who took it in good faith, and for valuable consideration acWWfls good title to it. I think it lies on Tricklebank to y S e i l ? eyond ever y reasonable «1 Bt M acquired these notes '• a ,e e f°. r valuable consideraL° I ''. ‘he Magistrate continued, "and ‘*}at U e has „ a better right to them than Mrs Deavoll. I am not satisfied that he discharges that onus. % my view he n i? valuable consideration recognised by law, suite he gained them while engaged in breaking the law. No w end Jts , aid to a man who Xl ° n a ” ™-

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