NELSON.

Southland Times, Issue 592, 16 November 1866, Page 3

NELSON.

(From the Kelson Colonist.) EESIDENT MAG-ISTKATE'S COTJET. (Before J. Poynter, Esq., E.M., and the Hon. N.G-. Morse, J.P.) Wednesday, Not. 7. A STEANG-E GAMBLING CASE. Alexander Hunter. Avatchmaker, sued Charles Howis Enderby for £19, the price of a gold watch and chain, for which defendant had given a cheque, which formed the grounds of this peculiar action. Mr Pitt acted for the plaintiff, and Mr Kingdon for the defendant. Alexander Hunter, examined by Mr Pitt : lam a watchmaker and jeweller, carrying on business in Nelson. On September 24th 1 supplied Mr Enderby with a gold watch and. chain, the price of which was £19, ten guineas for the watch and £S 10s for the guard. I received in payment a cheque on the Bank of New Zealand. Payment was stopped at the Bank by myself and defendant next morning. I hare not received any notice since from Mr Enderby that the cheque would be paid without my knowledge. Mr Kingdon cross-examined the witness : Did you cash the cheque the Bame eveaing? Witness : Yes — that is to say, I paid it away and received money for it. Mr Kingdon : In full ? Witness : Yes, but let me explain. It was in Mr Everett's Mr Kingdon : I don't want any explanation ; just answer my questions. "Why did you tell Enderby to stop the cheque ? Witness : I told him that I had been in company with a party the previous night who had not acted honestly to me, and that I wanted payment of the cheque stopped. Mr Poynter: Did the person rob you of the cheque ? Witness : He took it by unfair means. We were playing cards, and he was playing with cards which were not genuine. Itfr Poynter : lam afraid there is a great deal of gambling going on in Nelson. far too much, and much more than we know anything about. Who did you give the cheque to ? Witness :-— I gave it to a party in payment of money he won from me with unfair cards, and because of this I asked Mr Enderby to stop the cheque. Mr Kingdon : — Did Mr Everett cash the cheque for you ? Witness : Yes, he cashed it before I began to play at the time I lost the cheque unfairly. Mr Poynter : Did you report that you had lost or been robbed of the cheque ? Witness: I got possession of the cheque again after cashing it, and it was won from me again before I saw Mr Enderby. Mr Poynter : In whose hands was the cheque at the time you spoke to Enderby ? Witness : It was in Grough's hands. Mr Poynter : But you say Mr Everetb had it ? Witness : So he had. He first cashed it, but I received it back from him before going home. On going home, I went j intol;he butcher's shop occupied by Mr Prfctt. Mr Hudson sleeps there, and I

went in with G-ough and Hudson. T~hey asked me to go in, and I went. Mr Poyntqr ; Bid you play there P Witness : Yea. Mr Poynter : Well, we'll get out the truth, and I hope it will have the effect of letting all these gamblers be known. Was any one else there ? "Witness: No one else was there except (rough and Hudson. They induced me to play. I had the cheque with me then. Mr Poynter : Had you been in the habit of playing P Witness:* No, I play occasionally. Mr Kingdon : Continually, you mean ? • Witness : No, I said occasionally. Mr Kingdon: What did you say to Enderby about losing the cheque ? Witness : I told him I lost it by unfair means. Mr Kingdon: Did Mr Enderby call and give you notice that he had learned that you had negotiated the cheque, had cashed it, and that; therefore it would be paid ? Witness : Tour clerk and Enderby came to me and asked what they were to do in the matter ; but they gave no notice that it would be paid. Mr Kingdon : Bid Enderby and Murdoch come to you, and did Enderby say, " I give you notice that I find you have dealt with the cheque, and that it will now be paid ?" Witness : Murdoch came to me, and told me that it was foolish of me to make a row about it, that it would cost £5 of law expenses, and I should settle the matter. Gough afterwards told me not to go on with it, as an arrangement migh be made ; but I refused to make any arrangement, as I considered I had been unfairly treated, and I told Enderby so. Mr Kingdon : Now, what was this unfair dealing ? Witness : The cards Gough was playing with at Hudson's were done up with a solution of spirits of wine and rosin, which made them cut any way he liked. I afterwards saw a young man whom I told about it, and he showed me the way it was done. He cut the cards exactly ; the same way, and he told me how I had been cheated, and I felt sure that Gough's cards had been tampered with. I suspected it all the time. Mr Kingdon : Were these cards the young man showed you the same as those yon and Gough played with ? Witness : No, Gough took care of that. He would not let me see them, but tore them in pieces the same night, and scattered them on the floor. Mr Kingdon : well you ought to be ashamed to tell such a tale as this. Mr Pitt : I don't see that at all ; the shame of the thing is all on the other side. Mr Poynter: How did the playing arise ? Witness : There was a raffle at Mr Everett's of a pony, and after the raffle was over, Gouge introduced a game with dice and six cards, and won a lot of money. Mr Poynter : How did you get possession of the cheque again ? Witness : I paid the "-ash for it to Mr Everett and got it back again. " Mr Kindgon : Where did you get the money to get back the cheque ? Witness : I got it in Mr Everett's. Mr Kingdon : You got it by gambling, in short ? Witness : Yes. Mr Poynter : where and to whom did you part with the cheque the second time? Witness : Gough and Hudson and I went into Mr Pratt's shop, where Hudson sleeps ; and there Gough won it from me, and a great deal more money besides. Mr Poynter : It's a great sell for people to have their names brought up in this way. Mr Pitt : Was the cheque your property when you left Mr Everett's ? Witness : Yes, it was. Mr Kingdon : Who were there ? Let us know all about that : bring it all out. Witness : There was Murdoch, Gough, Hudson, and myself, and one or two more, I can't remember them all. Alexander Lyell deponed : lam teller in the Bank of New Zealand. I recollect Mr Enderby and Mr Hunter coming to the Bank, and requesting that a cheque for £19 should be stopped. I wrote an order to stop it, and Mr Enderby signed it. [Order produced and identified.] Mr Enderby afterwards instructed us to pay it, and it waa paid — I do not know to whom. This close the evidence for the complainant. Mr Kotgdom" then addressed the Court. He said a stranger case never came before his Honor the Magistrate. Mr Hunter, the plaintiff, reminded him of a great schoolboy, who having eaten his cake still cried for it. When Mr Hunter parted with the cheque in Mr ! Everett's he negotiated it, and Hunter having parted with possession Mr Enderby after he knew all the circumstances was right in refusing to dishonor j it. He understood from Mr Hunter that he had lost or been robbed of the cheque, but on learning, that Mr Hunter had dealt with it, cashed it, and made merchandise of it with other people, Mr Enderby very properiy, and in quite a business manner, as in a mercantile transaction, took off the embargo, and the cheque was honored at the bank. The following evidence was adduced for the defence, Edward Everett deposed : On the 24th

September, Mr Hunter asked me to cash a cheque for £19, It wag drawn by Mr Enderby in his favor. I had gone into the room serving somo of those present ; and the cheque was handed to me. I looked at it, and said it appeared pei'fectly genuine, and I then laid i on the table. I did not cash it. Gough cashed it, that is to say, I saw him give Hunter £6 on the cheque. The cheque was afterwards redeemed by Hunter. I gave him £6, and he gave it to G-ough, and received the cheque back. I was in and out of the room two or three times serAing those present. I did not see all that passed. Edwin Gough : ["When this witness was put in the bos, Mr Pitt asked the Court to cause all the other witnesses not examinded to leave it, which was done.] Witness then deposed as follows : I recollect the 24th of September. I cashed a cheque for Mr Hunter for £19. It was cashed in full fey me, and I afterwards paid him back the cheque after I had lost all my money. He gave me the money for it, and received it from me a seoond time. In the course of further transactions at Hudson's he cashed the cheque again, and it came into my possession. Mr Poynter : Did he lose much money ? Witness : I can't swear how much he lost. I cashed the cheque for him, and gave him the money. Mr Pitt : How did this second transac- I tion, this play between you and Hudson and Hunter take place ? Witness : Mr Hudson and I were walking down the street, when Mr Hunter came up ; and Hudson and he went into Mr Pratt's place to settle a previous dispute in respect to some former gambling transaction between them. Hudson asked him to go in to settle this debt, which was about £25, owing to Hunter by Hudson. Mr Poynter : Did Hunter win or loose ? Witness : I don't know whether he won or lost. I know that previously he .won £80 or £40 from one party. He won at one time, and had a pile of notes before him. We had some gambling in Hudson's after we went in. He lost the cheque there, or rather lost its value. I cashed it for him. Mr Poynter : What game were you playiug in Hudson's ? Witness: We were playing blind hookey. Mr Pitt : Wow, what about this false pack of cards ? Witness : Oh, that statement will be the subject of further litigajion. Mr Pitfc (laughing) : Perhaps. We'll see. But answer my question. Were these cards false or were they genuine ? Witness : They were genuine as far as I know. Mr Pitt : As far as you know ? Witness : Yes, and there will be more litigation about that. I'll make Mr Hunter prove his words about the cards. Mr Pitt (laughing) : Very likely Mr Hunter will be glad if you make him prove his words. To whom did you pay this cheque ? Witness : I paid it to Mr Murdoch. Mr Pitt : Did you lose it to him at play? Witness : No, I paid it to him in regular business. Mr Pitt : Did you play at blind hookey with Mr Hunter in Hudson's place ? Witness : Yes. Mr Pitt : Did Mr Hunter lose at blind hookey ? Witness (somewhat savagely) : I'm here to prove about cashing that cheque, and not to prove whether Hunter won or lost ; that's another affair, and you'll not have it either. Mr Pitt : Oh, we'll see. You're there to answer my question. Did Mr Hunter lose at blind hookey r Witness : I don't know. Mr Pitt : You don't know ? Witness : No, I don't. Mr Pitt : What didyoucashfthe cheque for then ? Witness : Eor cash. Mr Pitt : Did you tell Murdoch how you got possession of that cheque ? Witness : I don't recollect. David Henderson Murdoch deponed : About 25th of September I received a cheque from Gough for £19, drawn by Enderby in favor of Hunter. I paid it into the Bank of New South Wales. I got a notice of dishonor, and after it was stopped I went to plaintiff with Enderby to tell him it was useless his stopping the cheque. I paid the cheque into the bank very soon after ten o'clock, and it went into that morning's exchanges, and notice of dishonor waß sent the same day. l told Enderby that if it was not paid I should sue him for it. Enderby and I went to Hunter, and told him that it was to be paid. He had this notice before it was paid. I should like to explain about the names that have been mentioned by Mr Hunter, that the people were then at a raffle of a small pony belonging to Hudson, and the card play- I ing was going on in another room. I saw it. I was not gambling neither were they. I believe I staked a few shillings, but I was not there when the thing took place. Cross-examined by 'Mr Pitt: I was present when Gougn and Hunter were gambling. I saw Hunter get an advance of £6 on the cheque from Mr Everett. When Gough gave me the cheque, I knew he had got it from Hunter, and I knew he had got in gambling. I saw

|it pass from hand to hand } I did mot know about any after gamblings Mr Pitt ! What did you give for the cheque? ; Witness (after a pause) s I don't know. Mr Pitt (with a sneer) : No, I should think not. Witnes (warmly) : Oh yes, I know very well. You're not going to bounce me. Mr Poynter: You must not talk in that way, witness. Mr Pitt : Well, what did you give in exchange for the cheque ? Witness : I gave notes for it. Mr Pitt : When ? Witness : 1 could not say. I did not give him them all at once. Mr Kingdon said he had proved quite enough to show that Mr Enderby was perfectly right in allowing the cheque to be cashed. He gave Mr Hunter full value for the watch, and at the time Mr Hunter went to Mr Enderby, he had already negotiated the cheque, and had received money for it. It was not given in exchange for a throw of the dice. It was " cash me this cheque," and it was cashed. If he had been robbed at cards, it would have been different perhaps ; but still Mr Enderby, who is unfortunately out of the place, and cannot therefore be brought up as a witness, was justified in what he did. Mr Poynter : But Mr Enderby, after stopping the cheque had no right to take off the embargo without Hunter's consent. Mr Kingdon : But Mr Enderby found out afterwards t hat Mr Hunter had not lost or been robbed of the cheque, as he had said; but had parted with it for cash, — had negotiated it. Mr Pitfc: To make a good defence, your Honor, I hold that it was necessary for the defendant to prove that the cashing of the cheque was done with the consent of Mr Hunter. Now, Mr Hunter complains that he was taken advantage of by means of false cards. He told Enderby this, and Enderby consented to stop the cheque. Both Enderby and Murdoch must have known what was done the previous evening at Hudson's ; and therefore it was unjust to stop the cheque. If Mr Enderby chooses to lend himself to this kind of thing, I think it is right he should suffer for it. Mr Kingdon : The matter is very unfairly put before your Honor, — very unfairly. Mr Poynter : You have spoken, Mr Kingdon, and can't be heard again. Mr Pitt, your client proceeds on the ground that the cheque waa lost in a gambling transaction ? Mr Pitt: Yes, your Honor; because he was taken unfair advantage of. Mr Poynter : It may no doubt be bad taste for Mr Hunter to go into a case of this kind and bring up those with whom he had been gambling ; some people would have said nothing about it. But that is his own affair ; and the law is distinct on the subject. It is clear that the cheque was passed in a gambling transaction, and therefore the case of the plaintiff is a good one. The defence will not hold water. The cheque at the time of its passing into Gough's hands was Mr Hunter's property ; and it is clear that the prestige points points to a direct gambling transaction, in which plaintiff lost the cheque. Under these circumstances, the law supports me in giving a verdict for the plaintiff for £19. I don't say a word about the good taste or consistency of Mr Hunter in bringing this case forward, or in gambling, as he haa been doing. I only give the verdict the law allows. Mr Kingdon : It is a wrong decision ; a very unfair decision. Mr Poynter : You have no right to say so, Mr Kingdon. Indirectly I have intelligence that there are very large gambling transactions carried on here and connived at by parties whom no one would suppose lent themselves to such things. This closed the caae.