LAW REPORTS

Dominion, Volume 8, Issue 2539, 13 August 1915, Page 7

LAW REPORTS

SUPREME COURT BETS TO A "BOOKIE." ALLEGED ATTEMPT TO DEFRAUD An. unusual case of interest to the sporting fraternity was heard at the criminal sessions of the Supremo Court yesterday, before His Honour the Chief Justice (Sir Sobert Stout). The charges were against James Hassall, ami they were that, at Greymouth on May 22, he conspired with some person unknown to defraud Phillip Byrne of sums of ,£l6 and ,£B, and further that ho did obtain such sums by means of false pretences, ill'. V. I!. Meredith appeared for the Crown, and Mr. T. M. "Wilford for the accused, who pleaded not guilty.

. Outlining the case Mr. Meredith said that accused was chargedovith defrauding a. Wellington bookmaker, in connection With a race run in Wanganui, and won ■by the torso Hoy. • "The .most serious thing in connection with the case," continued Mr. Meredith, "is that thero must have, been an accomplice in the telegraph office in 'Wellington; It has been impossible to trace him." The method by which betting transactions were carried oil were that Hassall and another man named Wilson had betting names whereby they could. wire their bets from Greymoiith. Wilsoii betted under the name of

"IV. Arab," up to a limit of io, and Hassall -under either bis own name or "Jorgon," and his limit was .£lO. _On the date in question Byrne got two .wires placed iii his private box, purporting to have come from "W. Arab," Greymouth, and Hassall, Greymouth, betting up to the limit allowed, on Hoy, in the Winter Oats, Wanganui. But the point, about the telegrams, said Mr. Meredith, was ■ that they were never sent , from Greymouth. That being so, the only inference was that they were prepared in Wellington. after the time of the race, and' put in Byrne's box. Byrne honoured the bets, anil sent a cheque to Wilson for .£lB, and a. cheque to Byrne for JJI, thus allowing for <£10 wlricii Wilson had to his credit, and deducting' £15 which Hassall owed. In the Lower Court Wilson was also chitrged, but was acquitted, as he gave evidence that Hassall sometimes used nis betting name with his consent. On June 5 similar telegrams were placed in Byrne's box, putting .£lO and £5 on Hymettius in tho Prince of Wales Handicap at Auckland.'. Byrne became suspicious, and wired -the "Greymouth office to repeat the wires. The reply lie received was that tho telegraph numbers quoted had nothing to do with him.- As a result of this Byrne -refused to pay out, and inquiries were instituted. Why the Bookmaker Acted. Phillip Byrne gave cvidenco regarding/, tho receipt,of the telegrams from G.®ymouth on May 22. One read, "Did HoyOats," 6i|ned "W. Arab," meaning .£5 on Hoy in the Winter Oats, Waiigamii, and tho other -"Suggest Hoy Oats," signed Hassall, meaning .£lO on Hoy in the Winter Oats, Wahganiii. According to tho times on the telegraph forms they wero handed, in at Greymouth before tlie race was run. Hoy won and. paid £2 12s. Witness honoured tho bets, on the assumption that the telegrams were genuine. Wilson was then in credit <£10 on his bettipg account, so witness forwarded him iEIB. Hassall was debit <£15, this was subtracted from his win of ifilG, and a cheque for <£1 sent. .On.June 5 similar wires were sent, backing Hymettius in the Prince of AVales Handicap/Auckland. The .horse won anil paid about Jill. He made inquiries whereby he'became suspicious, and asked for a, repeat from Greymouth. This he could net get, as the wires had not been sent. On Jnrio 18 and Juno 25 witness received wires from "W. Aivib" asking for a statement of account, but ho did not reply-. To Mr. Wilson: Witness said that lie did not Iciiow ■ whether accused was a bookmaker's agent or not. Apparently the books of transactions put in were not those of a "punter." On June 7 "W. Arab" wired .£s' for a bet on Haskayne. Had .ho known that he had .£5 on Hymettius ho would have known he was in credit over .£3O, and would not,have sent money for his bet. His Honour: The wire on Hymettijis majy havo been concocted here, and tho person -who concocted it may hot havo acquainted the Greymouth people. Mr. Wilford: That is my point. Witness said that probably . his handwriting would be known ,to postal officials in Wellington. v Thomas Arthur Roberts, clerk in the Greymouth Telegraph Office, gave, evi-, dence concerning the gemnino telegrams sent from Greymouth bearing the numbers, which appeared on tbe alleged' telegrams put in Byrne's box. They had nothing to do with the bogu". telegrams sent .to Byrne. There were no telegrams sent, liy'ltassall to Byrne on May 22. An Untraced Factor. Detective Gibson, of Christchurcli, gave evidence tbat accused said that a man. named Sampson, who t'hey had not been able to trace, had mado the bet on Hoy. Accused said that he mad the wires out in tho namo of another horse, but Sampson altered the wire to Hoy.' Andrew Joseph Wilson, clerk, Greymouth, gave evidence that Hassall had his full permission to use his (witness's) betting name of "W. Arab." He knew not'hing about a bet oil Hoy. For the defence, Mr. Wilford relied on the statement made by accused to Detec,tiye Gibson, and did not call evidence. Addressing the jury,- ho said that it was perfectly clear that Hassall's name had been 'forged here, and had been issued in the Wellington Telegraph Oflice. It stood to reason that some tf tho men in the telegraph offices knew that wires went from Hassall and "W. Arab" to Byrne. Tho point Hiey had to consider was what part did Hassall if any, in the attempt to take down Byrne? It was clear that Hassall could not lmve known that the horses had won. There was no evidence that accused had anything to do with the bogus wires,.' He put it that the conspiracy was worked by some postal officials or by Sampson with, the fconnivanco of 6omeono in the Post Office. Jury Disagree. ' - The jury returned at 7.10 p.m., after considering tlio ca6c for four hours, find the foreman announced that they were unable to agree. - A now trial was ordered for next week.