THE DISPUTED FOOTRACE.

Gisborne Times, Volume XXVII, Issue 2670, 27 November 1909, Page 6

THE DISPUTED FOOTRACE.

ACTION TO RECOVER STAKE. The greater part of yesterday afternoon at the Gisborne Court yesterday was occupied in taking evidence in the case in which Robert Peterson is suing Arthur Turtley Webb for the recovery of £412, stake money alleged to have been, wrongfully paid to "him on the occasion of a foot-race between Jas. Sexton and Richard Griffin. •The ease wms heard before Mr. Justice Cooper at the last session of the Supreme Court, when evidence for the Plaintiff was taken, His Honor deferring his decision on a legal point as to whether the plaintiff should be nonsuited. Subsequently t-he judge intimated that he desired evidence for the defence to be taken, • Some of this was taken recently at Auckland, and the rest was given yesterday. Arthur Turtley Webb, in reply to Mr. Stock, said 1 that he was a bricklayer residing in Gisborne. He knew the plaintiff by sight only, and never saw him with regard' to the stake on the foot race between Griffin and Sexton. Witness found no part of the stake, which Griffin, had told him was to be £3OO a side. The day before the race Griffin asked him to be receiver of the stake money for him, in event of his winning. Witness replied: “If this is a straight go I will act.” During the progress of the race witness did not see Peterson. The finish was fairly close, and was by no means a certainty for Griffin almost up to the end. At the finish of the race Burrows, the stakeholder, said “Take this,” and handed witness the roll of notes tied with string, which witness took to be the stake. He had no idea how much there was, and did not open the parcel. The witness never heard Peterson say anything to him or. Burrows before the notes were handed over. As heJiad got the money ho thought lie had better take care of it so asked for police protection. On his way to his trap with Constable Dandy he met Peterson for flie first time since the race had started. Peterson said:* “I’ll put you in £our place for this. You gob. Griffin to run ‘stiff’ in the first race and now you back him in this.” An argument ensued about a small bet between the two, but nothing was said about the Stake money. On the road home Griffin ‘ook the stake from witness. This was Thursday, and the first- he knew about any dispute over the stake was on the Saturday following, when he received a lawyer's letter demanding £412; Albert Pritchard, one of the judges at the race, said l he heard nothing said at the finish about withholding the stake. William Thomas Snowsill gave similar evidence. After the' race Peterson had told him it was worth a ‘fiver’ to him if he could swear he heard the plaintiff tell Burrows not to pay over the stakes ot could bring anyone else who heard him. Robert- Lewis, who was near the winning past at the finish, said he never heard Peterson speak to Burrows about paying out. William Webb also gave evidence for the defence. The witnesses’ evidence will be- forw'arded to Mr. Justice Cooper.