ALLEGED "WELSHER."

Dominion, Volume 4, Issue 958, 27 October 1910, Page 6

ALLEGED "WELSHER."

♦ SCENE AT TRENTHAM RACES, •• POLICE CASE PROCEEDING. Of the somewhat ivild scene which occurred at the races at Trentham on Saturday moro was heard before Mr. W. G. Riddell, S.M., at the Magistrate's Court yesterday.. Victor M'Dulf, alias Robert Walter Watson, was charged on the following five separate informations: (1) Using obsceno language at the Trentham racecourse on October 22; (2) theft Of £1, tho property of James Marshall; (3) theft of ill from J. North; (4) theft of £2 from George Murphy; (5) theft of £2 from' Richard Began. Accused was represented by Mr. J. J. M'Grath. On tho charge of using obscene language, M'Duff was convicted and fined .£'3, with one witness's expenses lOs., iu default to undergo fourteen days' imprisonment. The evidence showed that the language complained of had been uttered within the, hearing of a number of persons, who came to M'Duff for payment of their winnings after the Champion Plate race.. The,other charges, were then proceeded with. Thomas Wrigley, Harbour Board storeman, stated in evidence that after tho race M'Dulf said, "I'm afraid I will only be able to give you your money back." He saw accused M'Duff receive' several tickets, tear them 1 up, and pay the. money back. Accused was pulled about by the crowd. Witness received his own money (.£1) back from M'Duff. James Marshall, carpenter, was the n?xt witness. He stated that he had a bet on the sixth race (the Champion Plate) with accused, >and backed a horse named Danube. This horse was both favourite and winner. After the raco had been fun he, in company with other successful backers, endeavoured to collect his money, but M'Duff would not pay out. A crowd of about 40 or 50 men then got hold of M'Duff, and someone put his hand into his (M'Duff's) pocket, in which there was a sum in gold. That money was all taken from him.. At that stage the police came up, and M'Duff was tak«n to the stewards' room. He (witness) followed with theirest of the crowd, and hearing that the successful investors would be paid, entered the stewards' room. He handed his ticket to Detective Hammond, who asked him for his name. He did not get his money back. At. this'stage Chief-Detective Broberg put: forward the suggestion that, accused had laid larger odds than any other bookmaker in order that he could get all the money. Ho was laying, 205., to 205., while others. were only laying 20s. to 10s.. . Mr. J. J. M'Grath stated that accused had said, when,the crowd surged round, "If you ' don't stand' back I won't pay you.' If they had given his client sufficient room, instead of molesting him, they would all have been paid. Joseph M'Donough, carter, Ingestre Street, was then put in the box. H<? said that lie' had made a bet with M'Duff on the horse Danube, on which horsa a lot of even money, was laid. Just J before the race he noticed'a man, wear-'J ing a drab overcoat, receive a roll of® notes from accused, and depart. • Witness stood by tho clerk during the progress of the race, and, when he went to get his money, he was knocked down by the crowd. He gave ■ his ticket to M'Duff, who tore it up along with others which were presented, and all the time i he was crying out: "I will pay you!" 'I will pay you!" Witness, however,! did not get paid, although he could'have been paid twenty times over during tho time ho was there. When the crowd rushed up he noticed accused tearing his own pocket. Richard Regan, greaser, of Willis Street, stated that he had laid £2 on; Danube with M'Duff. After the race I M'Duff had the money in his hand to pay him, when someone out of the crowd grabbed it. Alfred Hammond, detective, stated that he arrested M'Duff, and took him to the stewards'' room.. M'Duff had a bag on his shoulder *with the -name of "Bob Watson, Tatts" on, and underneath this the name of Victor M'Duff, Auckland, He gave his name as Robert-Walter Watson, and his clerk's name tip Jone6. As far as he had observed none of the., backers were paid in full, only tho deposits , being returned. When £2 10s. in deposits had been paid out, accused only had 28s. in silver in his possession, although between .£SO and .£6O must have been taken on the .horse Danube. Accused - remarked that ,he had no more money but,' if they would let him go, he could borrow some. Witness produced several'tickets in Court-which were given to the accused whilst in the stewards' room, but the latter could not pay. He (witness) was able'to got hold of M'Duff's betting-book, but the sheet in connection with ■ the '■ Champion Stakes had been'torn out.' The book showed that .£7 ss. was taken on the first-race, .£9 7s. on the second, and ill ss. on the third.. On the fourth and fifth races the amount taken oould not be made out. Tho prosecution here intimate# that the charge in which Murphy was complainant would be withdrawn. It was intended to call no evidence in support of this. The magistrate allowed the charge to be withdrawn, and decided that the case against accused of theft from Richard Regan must be dismissed. . : . At tho conclusion of the evidence Chief Detective Broberg submitted that the leading authority on "welshing" cases was the Bucknraster case. In that case it was held that when a person deposited a sum of money with a bookmaker which was to be returned to him in certain events, possession only and not the right of property passed to the bookmaker. And that as the bookmaker had'a felonious intent at the time,,he received possession of that money he was under the English law convicted of theft. The Chief Detective . also drew attention to tho fact that in that case the decision wa§ based upon the evidence of one solitary charge of stealing 55., but that, in the present instance there was evidence supporting a number of charges which was evidence of system showing felonious intent on the part of the bookmaker. Counsel for the defence quoted a case of Lomas v. Barnes, which he contended. was similar to this one, and which had been decided by Mr. Justice Edwards. An extract of the decision was .as follows "To convict Barnes as y a welsher, ■. it would bo absolutely necessary for the Crown to'' prove that 'at the time fie took the deposit he formed the intention of stealing it." * , . The case was adjourned until Saturday morning, October 29, bail being allowed of .£2O and one surety of .£2O.