SUPREME COURT.

Taranaki Daily News, 3 December 1920, Page 6

SUPREME COURT.

ONLY ONE PRISONER A STRATFORD TURF DEAL. FORGERY ALLEGED. The quarterly sessions of the Supreme Court at New Plymouth opened yesterday, Sir W. Bassett Edwards presiding. The following Grand Jury was sworn: —YV. C. Weston, A. W. Webster, N. Balharry, P. V. Stainton, R. Day, L. C. Siadden, AV. H. Beadle, R. Gribbon, E. W. Wheatley, T. M. Avery, Thomas Furlong, R. F. Cornwall, G. A. Corney, S. W. Shaw, W. H. Broome. R. .1. Deare, H. ,1. Brookman, R. H. Bartley, G. Eraser, J. C. Morey, H. J Price, E. T. Holden, and W. Sole. Mr. Shaw was chosen foreman. "I have to congratulate you on the very striking absence of crime in your midst," said His Honor in his charge to the Grand Jury. "It is very satisfactory to tlie country and to the district, and shows that you have a prosperous and contented province. Only one bill -will come before you for consideration. A man named Ruscoe is charged with having .stolen a cheque and having forged the name of the payee to the endorsement. There are also other formal counts for receiving and uttering the cheque. You will, I think, have no difficulty in coming to the conclusion that this .case is one that ought to be tried before, a common jury in open Court. It may be that prisoner then will able to account for the affair satisfactorily."

After a retirement of about half an hour the jury found a true bill on all counts.

HISTORY OF A CHEQUE. THEFT AND FORGERY ALLEGED. The accused, Harold Victor Ruscoe, was then charged that on September 23, at Stratford, he did steal a cheque, drawn on the National Bank by Spence, Rutherfurd, Macalister, and Coleman,- in favor of C. R. Abbott. He pleaded not guilty to thia, and similarly on the counts of receiving, forging, and uttering the cheque. Mr. C. H. Weston, Crown Prosecutor, conducted the case, and Mr. C." H. Croker appeared for accused. The following jury was empanelled:— A. Richards, W. f. Kisby, V. Duff, S. Oliver, J. A. Boswill, E. A. Anderson, John Horn, V. H. Frost, W. B. Htfwcll. R. C. Cobbe, A. L. Hammond, A. B. Macdonald. Mr. Oobbe wa9 appointed foreman.

The facts, as outlined by the Crown Prosecutor, were that a C. R. Abbott, a retired farmer, who lives on the Swansea Road, Stratford, and also rents another house he owns on the opposite side of the road to prisoner's father, received a cheque on Wednesday, September 22, from Spence, Rutherfurd, Macalister and Coleman, drawn in favor of C. R. Abbott, or order. He put the cheque in his waistcoat pocket, and on arrival home, as was his custom, he changed his clothes and hung up his coat and waistcoat in his room. This was the last he saw of the cheque for some time.

On Thursday, September 23, which was the first day of the Wangamii raws, prisoner, H. V. Ruscoe, went into Davey's'stables at Stratford with a horse called Rapid Fire, belonging to Ruscoe, senr. Accused entered into conversation with the stableman, 11. S. Death, and after some minutes said he wanted him to put 10s on Egmont Park with George Mitchell, and he gave Death 10s. They had some further talk about the races, and accused told Death that he would like to have two more bets, but only had a cheque with him. Death offered to cash the cheque, and accused went into the office, and after a few minutes' absence returned to Death with a cheque. This was the same cheque drawn by Spenee, Rutherford, Macalister and Coleman, with the addition of the signature "C. R. Abbott" on the back. Just at that period George Mitchell happened to pass the stables, and he was called in, and the bets were made. Death returned the 10s to Ruscoe when he cashed the cheque, and Ruscoe gave the 10s and a £1 note to Mitchell. The bets were on White Ranger, Egmont 'Park, and another horse, which were running at Wangamii that day. Death cashed the cheque the same afternoon.

CASHED WITHOUT QUESTION.' On discovering the loss of the cheque, Abbott, who had not tendered it, notified the bank of his loss, and was told that the cheque had been cashed. Subsequently accused was arrested and brought before Justices, being committed for trial. Evidence on the same lines was given by C. R Abbott, farmer, Stratford, in whose favor the cheque had been drawn, and Ralph S. Death, billiard marker, Matamata, formerly stableman at the Empire Stables, who cashed the cheque for Ruscoe. He' said it passed at the bank, no questions being asked. Death, cross-examined by Mr. Croker, said he had not. met Ruscoe before. He was not accustomed to cashing cheques for strangers, but thought he would do so to oblige on this occasion. He mitted it would not have taken Ruscoe more than three minutes to go across the road to the bank, but witness did not suggest that he should cash the cheque at the bank. When Kuscoe went into the office witness did not see him writing anything. Witness took a certain amount of interest in racing, but only made wagers on the course. He left Stratford the day after the alleged forgery of the cheque, without paying his board, and he also admitted that at Wangamii he did not pay his hotel bill. Re-examined by Mr. Weston: Witness was eh.arged with a similar offence in respect to the cheque, but the ease was dismissed.

George Mitchell, cordial factory employee, was the next witness. INDEMNITY TO WITNESS. The Crown Prosecutor in leading the evidence, asked witness if he had curried on business as a bookmaker on .September 23 last. Witness asked for an indemnity against any proceedings before answering this question. The Crown Prosecutor said witness could be given ai\ (indemnity df lis Honor was satisfied that witness wis giving a full and free disclosure. I On these conditions his Honor agroad

to indemnify witness. Continuing, Mitchell said that on -the date mentioned he was passing Davey's stables and was called in, Ruacoe and Death standing together inside. They wanted to have some bets on the Wanganni races, and witness took three ten-shilling wagers from Ruscoe on certain horses. Ruscoe won over the matter, witness paying him :CG on White Kanger and .El fls Gd on Kareao. In reply to cross-examination, witness gaid that he used to keep books, but had destroyed them. He was not running a bookrnaking business in conjunction with a man named Kelly, and did all the business on his own. Counsel: I understand your office was in the Empire Hotel.—l did not have an office. Counsel put the question again in another form, and witness asked his Honor if the answering of the question would incriminate him. His Honor: The Empire Hotel sounds innocent enough. (Laughter.) Witness was asked if he made a bet on September 8, and again appealed to his Honor. His Honor: You have admitted that you are a bookmaker and-1 don't suppose it matters much. T. don't approve of bookrnaking for young men, but you shall have a full and complete indemnity, as far as I can give it. JUDGE HEARS NEW EXPRESSION. At the conclusion of this witness' evidence his Honor ordered that he be given an indemnity against any proceedings to which his statements may have made him liable. D. P. Sullivan, teller at the National Bank, (said he cashed the cheque for Deatli on September 23. Constable J. M. Tizard gave evidence as to investigating a case of forgery, being given the cheque (produced) by the bank teller. Specimen signatures of the name C. R. Abbott were obtained from both Death and Ruscoe. Witness arrested accused at his home; he first went to the racecourse stables to get Kuseoe, who, however, made off across the paddocks. Witness commandeered a motor car and proceeded to Ruscoe's home. His Honor: You took a mean advantage, constable, in getting the car. Witness, proceeding, said that when he arrested Ruscoe lie asked him why he ran, and he replied, "I got the wind up." "Can you interpret that?" asked his Honor. Witness: It is an expression we all know, and means getting frightened 1 .

His Honor: I have never heard it before.

i J. C. Allen, manager of the National Bank at Stratford, / gave evidence as to Abbott's signature. In his opinion thej.- handwriting on the back of the cheque concerned was not genuine. He believed it was Ruscoo's writing. Thia concluded the case for the Crown. THE DEFENCE.

Mr. Croker said the defence would be that at no time on September 23 did Ruscoe enter the stables, interview Death, hand over the cheque, or sign it. If this could be proved it would be obvious* to the jury that Ruscoe could not be guilty of the charge. Counsel said the Crown had not ,proved the charge, and he asked the jury to dismiss from their minds any idea that Ruscoe broke into Abbott's house. The defence affirmed that the bets mentioned did not take place on September 23, but on the Bth of that, month. Death had said that he did not know Ruscoe when he came into the stables on the 23rd, and asked Kendall who he was. 'lt was a fact, however, that Kendall was not present on that date, as he was at the Wanganui races. Kendall and Ruscoe would also both state that the betting mentioned took place on September 8, and there would be an independent witness to say that Ruscoe was at McDonald's farm on 23rd inst. at a certain time—the morning, with the horse Lord Formbv.

Eric C. Kendall, apprentice jockey, at Stratford, said that on September 8, the day of the Manawatu Hunt Club meeting at Palmerston, Ruscoe was passing about ten o'eh/'k and witness called him in. Ruscoe said he was going to put £1 on White Ranger. Later Death asked witness what/was the name of the man who came in and what horse ho was riding. Witness told him that the man was IRuseoe, and the horse, Rapid Fire, belonged to Ruscoe's father. i

Ernest Rogers, said that an arrangement had 'been made with Ruscoe to ride the horse Trombone in work on McDonald's farm. The first day he started witness had an arrangement to meet him on the farm. It was the morning of the Wangamii races, and Ruscoe was there from about 9.30 to 10.30. The horse he brought up was Lord Formby. He had never seen Rapid Fire on the farm.

In reply to cross-examination, witness admitted that it was not impossible for Ruscoe to get 'hack to Davey's stables by a quarter to eleven.

ACCUSED GIVES EVIDENCE. The accused, Harold Victor RiiFcoe, licensed jockey, Stratford, said he was employed riding his father's horses at £2 per week. He was never short of money nor had he occasion to borrow ,any; he did not drink spirituous liquors or play cards for money. He knew nothing about the cheque concerned in the case. The handwriting oil the back was not his, and the first time he saw the cheque was when the police interviewed him. In a statement to the police lie had denied that he had made any bets with Mitchell, hecause if he admitted this he would be disqualified as a jockey. At that time there were no charges against him, hut since then three informations had been laid for betting. On the morning of the Manawatu Hunt Club's meeting he gave Mitchell £1 for a bet on White Ranger. The horse did not win, and he 'backed it again on the occasion of Hie Wangamii meeting. The time of the bet would be about half-past eleven and it was made in the Empire Hotel. He was not at Davey's stables on September 23. He was at McDonald's farm between !)..'{() and 10.30 exercising horses, and he rode his father's horse, Lord Formby, back to the loose box. He went to the Empire Hotel, where he saw Mitchell about half-past eleven regarding some bets. Harold Worthiugton. at present residing at Lepperton, said he was a stable proprietor at Stratford for about five years,> and often engaged Ruscoe as a casual hand. Charles Enseoe, tailor, Stratford, father of accused, said his son's general behaviour was all right. NOT GUILTY. On the application of Mr. Weston, the witness Mitchell was recalled as to a statement made by Ruscoe that Mitchell had approached Rusepo asking hira not to mention in Court about the betting transactions. Witness stated that the position was the other way aomit, and that he had been approached, by tSnacoe with a resuest that he should be uro-

tected. Tliis was 'before witness knew that lie was in the case at all. The case was continued last night. Counsel's addresses and the summingup occupied an hour, and the jury retired. In half an hour they returned announcing a verdict of not guilty on all counts. Prisoner was immediately discharged.