BAGS OF MONEY LOST.

Taranaki Daily News, 7 December 1920, Page 6

BAGS OF MONEY LOST.

RACING CLUB'S GATE RECEIPTS. r A SUPREME COURT CASE. At the Supreme Court, New Plymouth, yesterday, tlio re-hearing took place of tlie case of the Kgmont Racing Club v. Martin Hendrickson, claim for .CIU4 Bs, gate moneys received by defendant on behalf of the Club, and allegedly unaccounted for. When the case was heard iu August last, the jury found in favor of defendant, and counsel for the Club then applied for a re-hearing, which was granted. Mr. P. J. O'Dea (Hawera) appeared for the plaintiff, and defendant wag represented by Mr. F. C. Spratt (Hawera). The following jury was empanelled:— A. H. Hammond (foreman), J. Davidson, N. Greiner, and W. B. Howell. According to Mr. O'Dea, Hendrickson was appointed to supervise the gatekeepers at the February race meeting at Hawera, and was responsible for the checking and banking of the money received by the gatekeepers. There were eight men, and each was given a certain amount of change to begin with. They were also given a book in which to keep of the tickets sold, change received, and cash and tickets in hand. At various times during the afternoon the gatekeepers reported back to the supervisor, and Hendrickson initialled all books as correct, each gate receipts being kept separately, and put the bags of money into a brief -bag. This was taken to the secretary's office in town about 5 o'clock, and locked in the strong room till the next day, when Hemdrickson took it to tlie t>|nk. Actually, said counsel, when Hendrickson banked he handed in only six bags instead of eight. Five of the six were correct, but the sixth contained £37 too much. The teller noticed this error, but in refunding the amount to Hendrickson lie also nmde an error, handing back £47. The secretary of the club first became aware that there was anything wrong with the money when a bank official came to him regarding a refund of the £lO too much, which was handed to Hendrickson. When the secretary was checking accounts after the meeting was over the error in the gate money was discovered. According to the gatekeeper's 'books the money received totalled £674, Sbut Hendrickson paid in only £SOO odd. Counsel pointed out that the Club was not alleging Iheft or fraud, but contended that defendant had not accounted for the money received. Mr. O'Dea said Hendrickson admitted that lie must have had the money, but lie did not know what had happened to the missing bags. All the club was concerned in was the recovery of the money. Evidence was given by Vernon B. Stratton, secretary to the club. Under cross-examination by Mr. Spratt, -witness admitted that there had been trouble on one previous occasion over the gate money. Th.is was Hendriekson's first year, and he came recommended as a reliable man. There was no fixed place for keeping the money received from the gates. It was left in the office. Tn addition to the members of the staff there were a number of other people who frequented the office on race days. The table where Hendrickson sat was near a slide, through which communication was made with the jockeys' room. He denied that at the interview on the Friday after the race meeting Hendrickson was led to believe that he -was suspected of having stolen the money.

Evidence was given by Arthur Hay and David L. Smith, bank employees, and V. G. Hancock and H. J. Edwards, gatekeepers.

For the defence Mr. Spratt said there wal yery little iu the facts of the case upon which the plaintiffs and the defendant had any difference. Of course, ga.id counsel, Hendrickson had received the money, and he admitted that if he owed anything at all it was the full amount claimed. That defendant had received the moneys they made no secret, of, but the whole question was, where did the monet ultimately go after being handed over by Hendrickslon to the secretary as correct? He contended that it was no part of the duties of the defendant to .bank the money on the night of the races, and that when it had been safely handed over to the secretary that night, Hendrickston's responsibility ceased as far as the terms of his engagement were concerned.

Defendant, Martin Hendrickson, said thit.S'hen he found that there was some money ,ovcr he commenced to compare his cash «Jips with a list of the gates, and then found that there was only six pay-in slips, instead of eight. On the day after the conclusion of the meeting there was only six pay-in slips, instead of eight. On the day after the conclusion of the tweeting he attended an interview in the secretary's office with Gray (vice-president) and the secretary. He was not able to give any explanation of where the money- had gone to. Cross-examined by Mr. O'Dea, witness sajif it never occurred to him when bank(% how many bags there should be. He did flot mention to the secretary about t.wff- bags being missing because the secretary had told him when the £37 was found to be over to hold on to the money and lie (Stratton) would go into the matter later. After counsels' addresses and the .fudge's summing up, the jury retired. They returned a ve'rdict for defendant. Costs were allowed defendant on both trials. *