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Sat 11 Oct 1919 - Nepean Times (Penrith, NSW : 1882 - 1962)
Page 4 - The Glenbrook P.N. Case
The Glenbrook P.N. Case
EVIDENCE FOR PLAINTIFF.
AVHEN THE POKER WAS
'DINKUM.'
Further ovidonco was givon on Fri
day (3rd inst.) boforo Mr. Justico Fer
guson and a jury, in respoct to the case ?
in which Mark Lees suod Colin Smith,
tho well-known Glenbrook returned soj
dier, for £500 in rospoct of a promissory
note which defondant was alleged to
have promised to pay four months aflor
date to D. A. Scotland, by whom it was
-muorsou to ijees, without rocourso. The
first two days' ovidonce was given in
our last issuo. On Friday evidence was
taken in support of plaintiff's enso.
Dr. Brissenden and Mr. Markoll (in
structed by Mr. F. Marsdon) appoared
for the plaintiff, and Mr. R. Windoyer,
K.C., and Mr. J. M. Sanders (instruct
ed by Mr. R, B. Walker, Windsor), for
tho defendant
Herbert E. Moxhain, manager of tho
New South Wales bank, Pitt-street
branch, said that in 1917 Smith's ac
count would havo boon ovordrawn had
the bank paid the cheques. Smith had
given Scotland authority to transact cur',
tain business with the bank on his bo
half.
that Smith had two accounts at the bank,
one to credit . and tho other to debit,
but the sotting, off of tho ono account
against) the othor would not at that time
always give Smith a credit balance.
SAW NO CHEATING, T3UT BAD
PLAY.
Sydney Scott, jeweller, of Gcorgc
strcet, deposed to having been present on
occasions when card-playing was in pro
gress at both Smith's private houso and
at Lees 'a place. Ho had joined in when
bridge was being played, but not when
poker was played. Tho pecuniary result
of the evening was that ono amount was
for £30, and ono of the players owed
another £40, but ho could not remember
the amounts exactly. No money passed.
He saw no theating, but ho had seen
bad play.
Cross-examined by Mr. Windoyer, wit
ness said he was suing Smith on several
p.n.'s. Ho had been 'a friend of Scot
land, but was not now. As far as he
knew Mark Loes was a Jew. Witness also
was a Jew.
SCOTLAND'S EVIDENCE.
David Andrew Scotland, a clerk, said
that .the first timo ho bocamo acquainted
with Mark Lees was in 1915, when wit
ness was a law clork in tho city. He met
Smith in 1916. Witness had raised money
on Smith's bohalf. Smith, when ho met
witness, was in receipt of £9000 a year.
Witness generally raised money for
Smith, and in. September, 1917, Smith
v»ivv* nun —u\j\j\j* iiiia uiuuuiiu lllCluueU
interest and certain payment* ho had
made on tho defendant's behalf. Wit
ness had ovcrduo p.n '.s of hie, and want
ed to got the mattor on a firmer, footing.
He had a conversation with Smith, and
submitted statement to him which showed
the position. Witness was not quite sat
isfied with tho way things wore going
on, and asked Smith to make arrange
meuts to pay tho money within tho next
three or four months. Smith said he
could pay half of it in January, because
at that timo he got his half-yearly bal
ance of income. Witness said that would
suit him, and Smith eave him a «henn»
for £1000, post-dated January 1, 1918.
Witness also said, with regard to tho bal
ance, that, although he would liko it paid,
still, if ho hadn't it, ho would wait till
tho following June, and if ho hadn't it
then he could take his own timo. Smith
expressed himself as boing satisfied, and
gave him tho cheque, and witness said ho
would prepare tho bills at his office.
Later witness prepared two bills of £500
each. A^ Smith did not call, witnoss saw
him at Glenbrook some weeks afterwards,
and obtained his signaturo to tho bills.
Tho bill sued upon was ono of them. Sub
sequently witness brought ono of tho
bills to Smith, and asked him to give him
p.n.'s for £250 each.
PLAYED 'TO HUMOR' SMITH.
Ho had played cards with Smith at
Glonbroob on various occasions. He had
not beon paid £1000 by Smith in Soptem
ber, 1917, on account of £1280 won at
cards. Smith often arrived at midnight
under the iniluonco of drink. Witness
and tho Lees might then bo playing solo
at Glenbrok. Smith would then want to
play poker, and they would play with
him, 'just,' ho addod, 'to humor 'him.'
(Laughter.)
Tho stakos wero sometimes for absurd
amounts, and £10,000 might have beon
lost or won, but oo money pawed. Smith
was generally undor tho influence of drink
and insisted on playing poker. Whon
there woro strangers present, tho playing
was 'dinkum.' (Laughter.)
Cross-examined by Mr. Windoyer,
Scotland said ho had recently been prose
cuted on a charge of false pretonces, but
the wholo .matter had now been squared t
up. Witness's sister had paid certain
nioiicy.
Scotland said ho declined to auswer
any question which might tend to incrim
inate him.
LENT HIS ]-ACH WINNINGS.
Scotland also said ho first lent Smith
£250 in 191(5, but ho could not say who
thor ho then had a banking account. Ho
usod to go racing a lot, and kept large
sums in his pocket. (Laughter.) Ho prob
ably had £000 about him at times. Ex
cept for an ndvanoo of £250 to Smith in
January, 191G, the remainder of tho
£2000 was lont to Smith in 1917. Ho at
tmided tho races regularly, and most of
tho money ho had in 1917 he won at tho .
races.
'Somotimes,' addod Scotland, '1 won
as much as £300 at tho races.'
Mr. Windpycv: Do you say that the
wholo of the £2000 you say you lent
Smith you won at tho races? — Yes.
Do you wish the court to understand
thnt you've won hundrods of thousands
at the races? — I nevor said I won hun
drods of thousands at tho races.
Witness said ho had playod cards with
a man named Wilkinson at various places,
including tho housos of Konzie Rich, J.
C. Silverer, and Mr. Pilchor, a book
maker, of Randwick.
He had had a cheque for £1000 since
September, 1917, but it had nevor beon
presented at the bank. During the last
few months ho had instrnetod his solici
tor to m'ako a demand on Smith for tho
£1000, in addition to the claim on tho
p.u. 's.
DEFENDANT'S EVIDENCE IN
EBPLY.
In his evidence in reply, the defend
ant said he had never obtained any mon
ey from Scotland or Mark Leos without
giving p.n.'s for it. Scotland never pro
duced the statomont ho said ho made up
in 1917 to him. Ho donied that ho over
owed, Scotland £2000, and ho never know
tho choquo for £1000 was still alive. No
claim had ever beon mndo in respect of it.
During tho wholo of 1917 ho rocoivod
£000 a month.
THE VERDICT.
The case concluded on Tuesday, when a
vei'dict was returned for defendant (Colm
Smith).