EXTRAORDINARY CHARGE OF CONSPIRING TO DEFRAUD.

Samoa Times and South Sea Gazette, Issue 30, 27 April 1878, Page 2

EXTRAORDINARY CHARGE OF CONSPIRING TO DEFRAUD.

(" Town and Country Journal," March 2.) Tin: sporting fraternity mustered in strong force at the Water Police Court on Tuesday, to hear the particulars of a charge preferred by Henry William Smith, a well-known squatter of sporting proclivities, against Austin Tighe, John Austin, and Edward E. Jones, of conspiring to defraud him of the sum of £SO. Theinformation,stripped of technicalities, set forth that the defendants conspired to deprive complainant not only of his " good name, fame, credit, and reputation," but did, amongst themselves, " conspire, combine, confederate, and agree together to cause him to lose a certain pigeon match for fifty pounds (£SO) aside," to be shot by complainant at Newcastle, on the 13th of February instant. The means alleged to have been taken to cause complainant to lose the match were that tin? defendants had tampered with the cartridges with which he was to shoot, by removing portions of the shot and substituting sand. Mr. W. Roberts, with Mr. Joseph Lowe, and Mr. Cooke, appeared for the complainant, and Mr. It. Driver for the defendants. The sitting magistrates were Messrs. Oately, John Da vies, M'Beath. and Harris. The cose excited great interest, from its peculiar character, and from the fact of the parties being so well kuown in sporting circles. The court-room was crowded during the hearing of the case. According to the complainant's sworn testimony, he made a match with the defendant Jones, the conditions of which were that he was to shoot 33 birds out of 50, with 1J oz. of No. 6 shot. Neweastle was fixed upon by Jones as tho locale, because it was considered that the birds there were stronger and hotter trained. He arrived in Newcastle on the morning of the match, and stayed at Lister's Ship Inn, occupying the same room as Jones in the morning, and went asleep forahout two hours after his arrival. His cartridges wore contained in a deal box. Austin travellod with him in the steamer to Newcastle, and said he wanted to go £lO in the stakes with him, as he was not on good terms with Jones. Complainant consented. Tighe .also went with him to Newcastle, and ho and Austin also stopped at Lister's. He took his gun and ammunition there. Another bookmaker named Deane also went to Newcastle, and appeared to bo on friondly terms with the defendants. Deane stopped at Lister's Hotel. Ho put his ammunition on the table, leaving the box in a peculiar position, and screwed down. Tho box was nearly touching the wall. He did this intentionally. After he awoke, Jones said he wanted to weigh the cartridges. He opened the box after dinner and gave Jones two. He sawthat tho grooves of tho screws were turned in a different direction to what they were before. He opened one of the cartridges and found that it had been tamporcd with, tho top of it being clumsily turned over. It was filled with wet sand, nnd there were about half a dozen or a dozen grains of shot on the top of the wet sand. Tho genuine cartridges containeu powder and shot. Jones was with him when he opened tho cartridge, and he (Jones) said, " Come: into the baok room and we will examine j them all." Jones, Deane, and complainant opened the cartridges, and found that ten or twelve had been tampered with. Mr. Lister looked in while thoy were opening the cartridges, nnd he showed them to him. Jones said " I think I know who has done it; don't say a word nbout you having found out about it. Wo will pick out . r >o good cartridges, and put tllOin in this end of tho box marked C, and we will find out who has dono it by the birds thoy want to back on the ground." Complainant put two of the tampered cartridges in his poekot, and Jones put one or two. According to agreement, if he did not shoot he was to forfeit £SO. The £SO was staked by him before he found out about the. cartridges. Mr. Lioter held the stakes. lie and Jones picked out 50 cartiid'Ts which limy thought were sound. The mated came off. Donne pulled the string (o let flic birds out of the trap. Before witness shot many birds Deane told him that the hoy Cleary knew who put the sand in the cartridges. Willies* fii.id the match and lost. Be was confident he fired with one cartridge that had been tnmp-red with. About tho 25th bird (when he had a hit the best of the match) hj» took two from his pocket and showed them to Mr. Farthing,

and by mistake pat one of tln-m in his waistcoat pocket, and afterwards used it ! After the match he opened the other cartridge, and found it to contain wet sand and about half-a-dozen grains of i shot. Ife lost the match and his money. Mr. Roberts applied for a warrant to 1 compel the attendance of a lad named l Cleary as a witness, who, it was alleged, refused to attend. The lad (a jockey) was said to have gone to Tamworth. A warrant was granted. The c:ise was remanded till to-morrow (Friday) week, the defendants being addmitted to bail in their own recognisances.