WHEN THE NUMBERS WENT UP

NZ Truth, Issue 1238, 22 August 1929, Page 8

WHEN THE NUMBERS WENT UP

He Picked The Winner, but Drew

No Handsome Dividend

TANGLED TALE OF TOTE INVESTMENT

v'From "N.Z. Truth's" Special Gisborne Representative); Some of those present at the Gisborne Racing Club's winter meeting found it most profitable, for there were some respectable dividends. But Gordon McKay was among those who missed a doublefigure return on the first day. He had not been put off the right horse, and 1 he was not given any wrong ticket, but he is considerably worse off than he had every right to expect.

MCKAY'S error was that he had not dearned the truth of the adage, "If you want a thing done properly, do it yourself," and the result is that he was "done properly" himself. Being occupied with a horse, McKay arranged with Barry Willis to do his betting for him. Apparently everything went all right until the sixth race/ At this stage of the proceedings, McKay decided to invest £4 on an outsider, Partial Eclipse. When he handed over the money to Willis, he also loaned the latter £1, so it is to be presumed that Willis was among' those who made unfortunate errors m their investments. Naturally jubilant when he saw that within a few minutes his £4 had yielded a good dividend, McKay went to collect, only to be told that his money had gone oh Princess Rain, and not on the winner, Partial Eclipse. Following a dispute, Willis offered to pay back the £4, but, this McKay refused. • The matter was then referred to the police, and had its sequel m the Police Court, when Willis was charged before Mr. P.. H. Harper, S.M., with the theft of £4. Evidence was given by two police officers of the dispute on the course, it being stated that when Willis offered to refund the £4 and took six notes out of his pocket, McKay insisted that v they were the same ones he had given Willis to put on the machine.

Willis told the police that he had torn up the five tickets he bought, but when a search was made of the vicinity only the remnants of one could be found. Senior- sergeant Wade made no secret of his opinion of the matter. He was satisfied that Willis, thinking Partial Eclipse, an outsider, could not win, had pocketed the money himself. Mr. L. T. Burnard, who appeared for Willis, maintained that the whole thing arose out of Willis's mistake m putting the money on the wrong horse. Whateyer. might be thought of the transaction, there could be no suggestion of theft, because Willis had offered to pay back the £4. There was no proof of theft, no proof of conversion, and no proof that the money had ever been invested. If McKay had any rights at all they lay only m a civil claim. The Magistrate concurred m this view. He" thought the senior-ser-geant had hit on the most probable explanation when he said Willis had probably pocketed the money, but even if this explanation was accepted, Willis had offered to refund the money, so could not be convicted of theft. McKay's only, possible remedy was: m a civil action, and then it was extremely doubtful as to what ,he could recover. As far as he was concerned, however, he could only dismiss the information.