LAW REPORTS.

Dominion, Volume 7, Issue 2204, 17 July 1914, Page 10

LAW REPORTS.

MAGISTRATE'S COURT ALLEGED CONFIDENCE TRICK "GOOD THINGS" ON THE'TIIRF AN INTERESTING STORY. Tho interesting story of aii alleged confidence trick, was recited in tho Magistrate's Court, before Mr. D. G. A. Cooper, S.M., yesterday morning, when Michael Boyle, and Joseph Dante, were jointly charged with conspiring by fraudulent meaiis to defraud Thomas i'ettigrew, an aged. man. According to the story of the police l , as related by Inspector Hendrey (who prosecutcd), tho informant, a cook named I'ettigrew, came to' town from the Sounds,, and met Boyle as a room-, mate in a lodging-hmise._ Boyle represented himself-to be a jockey, and arranged for a bet with an alleged bookmaker. who went by the namo oi "Davis," but who in reality was the defendant Daritc.. The horse won, but "Davis" could not be found at his alleged place 'of business —hence tho charge. - A Bit on "Chortle.'^ Pettigrew's story, told' to the Court, was that Boyle had introduced himself / to him as a jockey named "Doyle," just arrived -' from. Gisboriic, under engagement to ride-at, Trentham. Racing matters were discussed, an,d he was assured that he could bo put on to "something good" in the morning, after Boyle had received a telegram from a Gisborne jockoy named Council. Next day tlie "sure thing" was announced to be a horse named "Chortle," who was to run at Gisborne, and Boyle made this proposal to I'ettigrew: "I wil 1 give you my money to put on Chortle. All the 'bookies' know me, and would suspect that I had some information. They know I ani a jockoy." •Pettigrew then mentioned" the name? of a bookmaker, but; Boyle would not hear of this, and' said that' he- knew somebody,, one "Davis," who was "tho best bookmaker in' Wellington! ,J Ho handed Pettigrew £5, and said:. "Put all your money on. It's a '■ 'sure thing.'" _ The two then met "Davis,"'and tho men went into the bar,of tho Duke of Edinburgh Hotel, where Dante paid for drinks. Pettigrew handed over £10 to . bo put . on Chortle, 1 and Dante, with the remark: "Well, if the horsa wins, you will always find me at the Grand," and after a few words to Boyle, left. Boyle then asked Pettigrew for tho loan of £1. "This horse Chortle," he said, "is sure to win, and I want to put som'e more money on him. Will you put another pound on?" Pettigrew agroed. Chortle Wins. In the afternoon witness learned that Chortle had actually won a race that day.' He did not see Boyle until tho following day,-but before that ho had to find "Davis"—a fruitless quest. ' When: ho saw Boyle, ho told him that he-wanted his money back', but for eight days Boyle put him off, saying: "Your money is ; all right." Finally, in company with Constable Dunn, the latter in civilian clothes, ha sought Boyle, who remarked: "I .see you have ■ got a 'John' with you this, time." ' Boyle was taken in charge; , remarking to the. constable: "If I get' out of this scrape, I-will never do any- : thing like it. again." Witness said that he had lost £7. altogether. He was positive, of the identity of Dante. ■11l reply to questions" by Mr. P. W. Jackson.(who appeared for tho accused), Pettigrew stated that he was fond of horse-racing. Ho saw by the papeis that there was such a horse as Chortle, and was quite prepared to have an honest, bet • on what he believed to be a "good thing." He did not know whether Daiito-was a bookmaker or not. ; Jeremiah O'Connell, a jockey, said that ho was riding at the Gisborne races at the beginning of the mojitli. A horse named' Chortle was engaged in ■ an event on the first day, and ran a dead heatwith Lady Eljcia. Besides himself, there was no jockey by the name of 3. Connell or O'Connell riding in Gisborne. Ho did not know Boyle, and did' not' send him a message, regarding Chortle's prospects. He was not acquainted with Dante, and, did not send such a message. Committed for Trial. . After hearing formal evidence from the police, the accused pleaded not guilty, aud were committod-for trial. Mr. Jackson asked for a leduetion of tho bail, which had been fixed at £50 in each caso. Inspector Hendrey : , In. conncction with that 'application, I feel bound to mention' something which has come under my notice. Of course, I dp not know whether the acouse.d have had anything to do with it or not; but a very determined effort has been made to get my principal witness (tho informant) out of the city. He has been offered a big sum of njoney not to give evidence.- ■ His Worship refused-to rodifco the bail', i , , OTHER POLICE CASES. "My principal- witness has disappeared, and I simply can'-t go on," said Inspector Hendrey, referring to. a charge of theft of £5, from Charles Cecil, preferred against May Sidon. The information was accordingly dismissed. • Andrew Rakitiu was fined £2 for com-, mitting ail objectionable act. On a charge of insobriety he was convicted and discharged. , On-a charge of, using objectionable language, Norman MlAhnder was lined £3 and costs Bs. For drunkenness lie was c'onviqied and discharged.' For insooriety, Mary Smith was fined •10s.; Gilbert George Love and Alex. Gilmer were fined; 20s. each; and Edward Bowers was fiucd 10s. Three* first 'offenders were- convicted and discharged. CIVIL BUSINESS. LANDLORD AND TENANT. Robert i Hannah, boot manufacturer, sued John Pillow, civil servant, on a' claim for rent, in lien of notice, from March 11, 11)14, to April 8, 1914, at 17s.'Gd.-per week. Tho defendant stated that the plaintiff desired to let a house situated at K'haudallah for a period of two years. Hannah agreed that tho cottage should be let on trial for a weak, and if at tho ond of that time defendant Was satisfied he Would sign an agreement for a two years' tenancy. However, the train arrangements were unsatisfactory for tho defendant, and after a week's trial-ho'returned the'keys ; to Hannah. He notified tho plaintiff over tho telephone, and llaunah threatened (according to defendant) to take legal proceedings. • • The plaintiff denied having made any such agreement or arrangement for a I trial tenancy. ' The magistrate (Mr. D. G. A. Cooper, S.M.) said that it was not likely that a business man would make any such arrangement.' Judgment would be for,plaintiff for the amount claimed, and costs £1 12s. ■ Mr. H. A. Cunningham appeared.for Hannah, and Mr. E. J. Fitzgibbou for 1 defendant. OTHER ACTIONS. ' Before Mr. W. G. Riddell, S.M., AVilliam Lingard- claimed to recover from Albert Sylvanus Collyer the sum of

£30, being commission alleged to be due to the plaintiff in connection with the salo of a butchering business lately tarried on by tho defendant at Kilbirnio. After hearing the evidence his Worship reserved decision. Mr. I'. 11. Putnam appeared for the defendant, and Mr. D. G. Jackson for tho plaintiff. Balliuger and Co., plumbers, £ued Lyons and Co., motor-car proprietors, for £6 15s. 10d., for work done in connection with repairs to a motor-car. Prior to tho hearing of the caso the defendants had paid £5 to tho plaintiff, and had since paid into court tho sum of 10s. 7d. in satisfaction of the claim, leaving the. amount in dispute £1 ss. 3d. After hearing tho evidence his Worship gave judgment for the plaintiff for the amount claimed and costs £1 10s. Mr. T. C. A. Hislop appeared for the plaintiff, and Mr. H. F. O'Leary for the defendant. ■ • DEFAULTING DEBTORS. Judgment for plaintiff by default was given by Mr W. G. Riddell, 5.M.," in the following cases: Commercial Agency Ltd., v. W. ,D. Bennett, £1 14s. 9d., costs £1 65.; same v. 1 Harry Maxwell, £2 4s. 6d., costs 10s.; samo v. R. C. Murton, £9 55., costs £1 3s. 6d.; Vcitch and Allen v. E. F. Hiscock, £10, costs £1 3s. 6d.; A. S. Paterson' and Co., Ltd., v. A. Shannon, costs only, 45.; Grapes and Rieley v. Hugo Seewald, £18 12s. 6d,, costs £110s. 6d.; Country Stores, Ltd., v. Albert Tomlinson, £21 10s., costs £2 155.; Margaret Blytlio v. Alex. O'Connor, £7 55., costs Bs.; D. W. Virtue and Co. v. Henry A. Brentnall, £24 4s: 2d., costs £2 14s.;' Novelties, Ltd., v. H. J. Wigg, £6 6s. 7d., costs £1 3s. 6d.; J. B. Clarkson and' Co., Ltd., v. Robert-Pook, £7 12s. 4d.,' costs Bs. j Wright, Dickson, and Witt v. P. G. Jeffery, £42 19s. Id., costs £2 lis.; Sargood, Son,, and Ewen, Ltd., v. Hansby Bros., £5 17s. Id., costs £1 3s. 6d.; Macky, Logan, and Caldwell, Ltd., v. Sexton and Barry, £22 12s. 10d., costs £2 145.; Miller and .Ahearn v. J. Anderson, £82 ISs. 6d., costs £4 lis.; Wellington Gas Co., Ltd., v. Alfred John Hart, £1 lis. 9d., costs 9s. ; Vacuum Oil Company Proprietary, Ltd!, v. Cosgrove ami Son, £l 10s. 9d., costs os.; Chas. Henry M'Leod Hawke v. Charles Koroueho, £1 6s. Bd., costs ss. G. J. Mitchell was ordered to pay Albert Watenvorth the sum. of £2 lis. 7d. before J"iily 30, in default three days in caol, -