THE BETTING CHARGES

Dominion, Volume 10, Issue 3191, 15 September 1917, Page 8

THE BETTING CHARGES

i EVIDENCE FOR FITZGERALD AND ;.:• M'IVILLIAMS /BOTH. COMMITTED FOR TRIAL '-.■ .Hearing of the charges against .Tohn :;.. Edward Fitzgerald (Mr. A. Gray, ICC, ■ Ws2k- G - G - G - Watson)'end .Tohn y ;•;. inraiams (Mr. H. P. OXeary) of at;X .tempting to defraud Henry Martindale !-■-,:.■ and others of ,£975. ami of conspiring to ... delraud, was yosterday afternoon resumed "-.-. by Mr. S. E. M'Carfty, S.M. Mr. l>. S. !.;/; R. Maoassey conducted tho prosecution, ',-'.' find' Mr. T. .Neave watched proceedings !'>■■■ on , behalf of Frederick Campbell Fraser, ;• who has been committed for trial in ■ connection with., tho .charges. During the ;, • : afternoon evidence was called en behalf i,;; of Fitzgerald nnd.M'Willnuns. who wero '/: ...both finally .committed for tiial.

John Leddey, accountant in the employ ; of Fitzgerald, was. called as n witness ••by the latter. Unstated that ho roincin- :. bered Fraser. coniiiigio FihgcraW's office on Friday, July , 13—the (lay before the . Wellington races ended. l'ra«r said to Fitzgerald that he wanted tho letter's rssTsfance to invest, say, .550 on the : JfKrt race on Saturday. Fitzgerald replied, "I'm afraid I can't do it for you, . ■RS I'm going to tho races myself. What is the name of the horse?" Fraser replied: "Well. I can't tell you. Have you a no-reply wire?" "I haven't one," said Fitzgerald, "and it's not policy to Jend a jo-reply wire." Fraser asked Fitzgerald n hfi_cou]d arrange to get one, and Fitzgeraid said he would endeavour to make 'some arrangement. Whilo this conversation wne proceeding, witness was going : about nis ordinary duties. Fraser ngaiii came to the office after five o'clock ami wanted to know whether Fitzgerald had arranged for .a wire. Fitzgerald said he had arranged for one for about. 320. When pressed oyFitzpcrald for the namo of ilie iiorsc, Fraser replied that ho was afraid ho .could not tell. Fitzgerald suggested,that he would probably get some of his friends to assist Fraser, who said that he wanted to get £50-or .£6O on. Next morning Traser culled before witness arrived. -M'Willianis and Fitzgerald were there, too. Witness thought ho saw, telperams- being written by M'Willianis. Before Frasev left, Fitzgerald again pressed him for the name of the horse. Fraser replied that it would pronaMy b» one of the horses Fitzgerald-hod backed on the previous day for him; but the name was not mentioned, so far us witness, heard. Fitzgerald said to Fraser that the latter might wire him, or let witness know how -the investment sot on. Fraser apparently agreed. ■ Fitzgerald left nretty early for the race?, accompanied bv. Messrs. Easton and Bevan, but not M'Willinms. Fraser came in later, and Piid, "You might let the chief know that the investment's successful.". Witness said in a casual way, "What won' the first raoe?" Frnser replied "San Sebastian." Witness then wired to Fitzgerald, "Correct for first." Witness sent this wire after one o'clock. Witness often endorsed cheques received for Fitzgerald. Fraser hsid a banking account, out of which he had paid Fitzgerald cheques.

To Mr. Macassey: Witness heard only parts of the conversation related.' He did not know what amount was going to be put on, or how it was going to bo put .on. He first heard that there was trouble about the wires on tho Mondayafter .the races. Fitzgerald said that he was hiving a few words with Martindnle. Fitzgerald'spoke.to Martindale over the telephone, but witness did not hear w'liat . he said. He wont out. When Fitzgerald first heard that there was trouble, ho was very indignant. v Mr. Macassey: When did you first fcnow these telegrams were put in after time?— Witness: "I don't know that yet." . Mr. Neave: Mr. Macassey is at l.in old error again—assuming guilt. I object . to the question. His Worship ruled (hat the question ~. was admissible. ; Witness, continuing, said that ho knew that Fraser was arrested on August li, bill he did not know the circumstance's. Fitzgerald never told witness anything 'about the trouble. • ■ Mr. Macassey asked whether tho wiro •witness sent to Fitzgerald was not nifcrely to indicate that tho money was on. Witness replied that tho wiro was to say that the investment had been successful. ■ Ee-examined by Mr. Gray: Witness never heard that thero was n. suggestion that thero was anything wrong with tho ' transaction connected wifh Hie wires until he read the published evidence in .the case. Evidence Not Admitted. Cleonbino Rush, manager of tho Ciiy -jCarriago.'.and .Motor, W;Orks, ,was railed to give- evidence -as to something Filzgerald 6aid ; or did on tho racecourse on July M." His Worship ruled that 'Hush's evidence;.,Tvas inadmissible, Detective Mason was called to corroborate ■ a '.statement. of Fitzgerald's as to a-certain-conversation with Martindalo. '■ Mr. Gray's question with reference' to the. conversation whs r.pfc admitted, arid the witness had .to' leave the box. -.''-. Mr. Gray stated that ho proposed to call the defendant Fra6cr as a witness on behalf of Fitzgerald. Mr. Maoassey contended that Fraser was not legally competent to give evidence. Mr. Gray-.submitted, that, he was entitled to call Fraser on the general principle that an accused person could irivo evidence on his own behalf. _ Surely, if he could give evidence! on his own behalf,", he could give evidence on behalf of anyone else. ■ .■■-• His Worship ruled that Fraser could Dot enter tho witness-box for Fitzgerald. ,Mr.- Gray renewed his application tohave the information against Fitzgerald dismissed; He submitted that his client lad answered the case completely. Tho prosecution seemed to bo baßed upon the statements of M'Villy and Markmann. that Fraser made certain statements implicating .Fitzgerald, never was anything, ; against ..Fitzgerald beyond si mere breath of suspicion, arisin? out of a statement that was not evidence against him. Counsel submitlcd that upon such evidence ib would be ridiculous" to send Fitzgerald to trial, and cause him to incur tho incidental ebloquy. : . ... - . . His Worship said that'there was grave contradiction "between the evidence put forward for the Crowii and that put .forward'for .Fitzgerald." Tho proper- tribunal to resolve those contradictions was n. jury. . He could not, therefore, see his way to dismiss the information against Fitzgerald. M'Williams's Case. Mr. O'Leary then proceeded to call evidence on behalf of his client M'Williams., . . . .\Jfred J. C. Talbot, superintendent at the telegraph office, stated that, on July M M'Williams called to see lijm with reference to the telegrams whfeh. were the subject of the case. Witness told him the matter was in other hands. M'Williams said that if thero was any fraud be Intended to ask tho P.Sf.G. to prosecute. Ho also asked witness if ho might'see the inspector. Somo days later, M'Williams showed witness a. Christchurch-received copy of a telegram addressed . to Whelan, Christchurch. M'Williams asked whether the time was correct, and witness replied "Yes," meaning that.it had been transmitted correctly. ■ ■."'■'■ ••'•■■'' ■ ■ • M'Williams entered the witness-box. He said that he w:as a contractor, and had resided in Wellington for over thirty years. Hβ had known Fitzgerald for from ten to fifteen years. On July 13, in the evening, Fitzgerald rang witness up, and told him ho had a good thins on. He also asked whether witness would like to have something on it, and witness replied "Certainly." Fitzgerald asked whether witness had any noreply wires that he could lend, and witness said be had some. Fitzgerald said that he had a friend who had a hoiso running that was a sure winner. Fitzgerald asked whether J5lO worth of wires would do witness, but witness replied, "No fear; at least the half." Witness also said: "If you'll give me the name of the horse I'll have the wires put in at the tight'time. I. am going out, in my car to-morrow morning, and T'll leavo the wires to bo put in." Fitzgerald said: "The man who is putting on the money has the -name of tho horse, and he won't give it to me." He also asked

witness to see him next day. Witness saw Fitzgerald on the Saturday. He had previously had several transactions with Fitzgerald. Witness mot JTrassr, wITom he did not then know, at Fitzgerald's office. Fitzgerald lold witness that Frascr would not give the name of the horse till the time of putting in the wires. "Witness turned lo Fraser and offered to pleu'go his word that he would not divulge the name it' it wero communicated to him. Witness suid tliat i:s His wires were going to be used lie would have to pay if the horse lost. Fitzgerald said he would give witness a cheque For his share, and asked if that would do.. Witness coull write out inly MO worth of wires, and this amount was to be shared equally tietween Eraser, Fitzgerald, and witness. Asked "What about your money?" Fraser offered to give his cheque. Witness wanted to bo paid in cash, but Fitzgemld asked if witness would take his cheque for Fraser's share. This offer was accepted. Somebody got the telegram forms for witness, and witness wrote out six. When they were written, IV-ser looked at them ami asked whether they should be sent "urgent." Witness said they could be put in about five minutes before the ince started. Ho pointed out one wire, however, wlfich had to bo sent about an hour beforehand. Fraser hi_# that that would bo all right, and collected the wires off the desk. Before that witness had asked Fraser again for the name ot tho horse, but Fraser said ho had promised not to tell, or something like that. On ffie racecourse witness saw, Fitzgerald, who, speaking to witness some dine after the race, asked the latter how he would •Have liked to have money on San Sebastian, the winner. Witness replied tnat "no would have been very glad to have backed tho liorse. Fitzgerald said that ho believed that that was the horse that their money was on. Witness asked him how he knew, and Fitzgerald paid lie just guessed. Later on, Fitzgerald said, that he !iad got it wire sayiiiff. , that he lad been correct for first. On arriving homo that night witness received the following wire from Martindale:—"Wj.ll accept no more wires from you." Witness met Arthur Law on (ho Monday, and spoke about getting the money he (witness) had put on with Bob Law. Law replied that the telegrams were not in order, and he and witness "had a few words." When witness next saw Martindale he said to the latter: "Do. you not :ntend to pay me?" Martindale replied: Tin going to see first if the telegrams were in order, and I don't think they are." Witness had a conversation shortly after with the secretary of the Wellington Racing Club. The latter ha* correctly stated in the witness-box what the conversation was.

Witucss proceeded to etate ht some length what steps he took to get his money and clear the matter up. When witness heard from Mr. Blair (a solicitor) that the teleprams were "crook" lie returned £65 which he had received from Ryan, an Auckland commission agent. Fitzgerald's Attitude. To Mr. Gray: Fitzgerald had offered to co-operate with witness in any steps he might take to have the question of the wires cleared up. When Fitzgerald met witness on the course about a quarter ot' an hour after the first race Fitzgerald merely said he thought that San Sebastian was the horse they were on. Fitzgerald came aloug later to say that he had got a wire informing him that they were on the right horse. - To Mr. Maoassey: Witness heurcl .a story that Fraser had made a_ clean breast of the whole affair, and it was in. consequence of this statement that witness sent back Ryan's money. Fitzgerald told witness that Fraser insisted that the wires were all right. Fitzgerald was indignant about "ettinc his name into disgrace, and said something to the effect that he would like to put a. shot through Fraser; if the latter had really done anything wrens. Fitzgerald advised witness not to return Ryan's cheque, as he believed that everything was correct. Mr. Macassey: If you' thought there was (something wrong, why did you not go to the police ?-Witness: "I saw the Commissioner of Police, and I also saw the Superintendent and the Inspector at the Telegraph Office/' Mr O'Leary submitted that the information should be dismissed; in the case of jnVilliams, whose candid anil straightforward way must, ho said, havo indicated that ho had no fraudulent part in the transaction. No jury would convict M'Willinms, particularly after hearing him give his nyidence. His Worship held that M'Williamsa case also should go before the Supremo and Fitzgerald wcro both onmniitted for trial. Bail in the sum of &100, with two sureties of .£SO, was allowed in eaclt.caso.-i