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1927, Herbert Oliver Elliott - Unfit For Publication
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 Herbert Oliver Elliott and Charles Reginald Newton Morgan, 1907
Below also see: Herbert Oliver Elliott, 1927
Herbert Oliver Elliott and Frederick Alex Ross, 1937

 

Evening News, Fri 7 Jun 1907 1

A THEFT OF HUBS.
————
TWO BICYCLE FITTERS FINED.
————

    Two respectable-looking youths named Herbert Oliver Elliott, 16, and Charles Reginald Newton Morgan, 17, both bicycle fitters were charged at the Central Police Court this morning with having stolen four pairs of bicycle hubs, valued at £2, from the Canada Cycle and Motor Agency, Limited, 625 George-street; on June5.

    The evidence was that the accused were employed at the Agency. Elliott took the hubs to a pawnbroker at Newtown and tried to sell them. Morgan waited outside. The suspicions of the pawnbroker being aroused, he telephoned for the police. Constable [James] Torpey answered the call, and proceeding to the pawnbroker’s shop, arrested Elliott. He subsequently arrested Morgan at his father’s house.

    Elliott pleaded guilty, and Morgan not guilty. Morgan said that he had an order to get the hubs, and gave them to Elliott. He didn’t know anything more about them. He left the Agency with Elliott, and saw him go into a pawnbroker’s.

    The constable [James Torpey] stated that both lads were the sons of respectable people, and this was their first offence.

    They were fined £5 each, in default two months’ imprisonment.

  


 

Herbert Oliver Elliott, 1927


The Sydney Morning Herald, Wed 20 Jul 1927
2 

LAW NOTICES.
——
Wednesday, July 20.
——

QUARTER SESSIONS.

    No. 1 Court.—Herbert Oliver Elliott, bestiality; Thomas Henry Elliott, maliciously wounding; Alfred Harris, endeavour by threat to induce person from giving evidence.

~ ~ ~ ~ ~

The Sydney Morning Herald, Thu 21 Jul 1927 3

QUARTER SESSIONS.
No. 1 COURT.
(Before Judge Edwards.)

    Crown Prosecutor, Mr RJ Browning.

ACQUITTED.

    Herbert Oliver Elliott, 37, builder and contractor, was acquitted on a charge of having committed an act of bestiality, [with a bitch], at Bankstown, on May 19, and was discharged.

    Mr Windeyer, KC, with him Mr Sproule (instructed by Messrs RD Meagher and Co) appeared for the accused.

 



Herbert Oliver Elliott and Frederick Alex Ross
, 1937

The Sydney Morning Herald, Thu 28 Oct 1937 4

CONSPIRACY CHARGE.
———◦———
Running of Greyhound.
——
ALLEGED “RING-IN.”
——

Dubbo, Wednesday.

    At the Dubbo Police Court to-day, before Mr RG Cookson, PM, Herbert Oliver Elliott, 47, railway painter, and Frederick Alex Ross, 35, labourer, were charged with conspiracy arising out of the alleged “ring-in” of the Harold Park dog, Kenbon, at Dubbo on January 13, under the name of Your Profit.

    Detective-sergeant J Wiley, of the CIB gave evidence that, on July 10, he saw Ross at Harold Park and took charge of Kenbon, which was in defendant’s possession. Ross denied that he had run the dog at Dubbo, saying that after it won at Harold Park in December, it was injured, and not able to run. Later, on October 13, witness saw Ross at the CIB, where he said: “You thought I had cleared out. I thought that the statement I made about the dog being hurt would have been all right. But I can now see that I should have told you the truth.”

    Ross then made a second statement, saying that he had not sold the dog to Elliott for £20. The dog, Kenbon, had a run at Dubbo under the name of Your Profit. At that time he was badly in need of money to pay off a debt. He had travelled by train to Wongarbon with the dog, and was met by Elliott, who drove him to Ballimore. Elliott made all the arrangements, and at Dubbo, on January 13, Your Profit won the maiden event and the President’s Stake.

    Detective JA Burke said that on March 8 he interviewed Elliott, who made a statement that he had purchased a dog for £20 as the result of an advertisement in the “Greyhound Recorder,” from a man named Grimshaw. He had since sold the dog for £20 to a man named Roy Wilson, of Tamworth. On July 16, Elliott said that he had been protecting Ross, and he wanted to make another statement. In this statement he said that Ross had taken Your Profit back to Sydney on January 20. In the police yard Elliott, said witness, identified Kenbon as the dog he had raced as Your Profit.

    George Hunter, secretary of the Dubbo Coursing Club, said that he had seen Kenbon at Harold Park on July 10, and identified it as Your Profit.

    The case is part heard.

~ ~ ~ ~ ~

The Canberra Times, Fri 29 Oct 1937 5

GREYHOUND RING-IN AT
DUBBO
———◦———

Dubbo, Thursday.

    Herbert Oliver Elliott, 47, and Frederick Alec Ross, 35, were committed for trial to-day on a charge of conspiracy.

    It was alleged that a greyhound racing dog named Your Profit, which won two races at the Diggers’ Mechanical Coursing Club meeting at Dubbo on January 3 was identical with Kenbon, which previously had won at Harold Park.

~ ~ ~ ~ ~

Dubbo Dispatch and Wellington Independent, Fri 29 Oct 1937 6

DOG CONSPIRACY CASE
———◦———
ALLEGED “RINGING IN” OF
YOUR PROFIT
————
TWO MEN COMMITTED
————

    At the Dubbo Police Court yesterday, before Mr RG Cookson, PM, Herbert Oliver Elliott (47), of Dubbo, and Frederick Alick Ross (35), were committed for trial at the Dubbo Quarter Sessions on Monday, November 16, on a charge of conspiring to defraud the Dubbo Diggers’ Mechanical Coursing Club, by the alleged “ringing in” of a dog as Your Profit, which had won at Harold Park under the name of Kenbon.

    Bail was allowed in self of £50 each, and two sureties of a like amount.

    The case for the Crown was conducted by Senior Sergeant C Stinson, Senior Prosecutor at the Central Police Court, Sydney. Elliott was represented by Mr F Davidson, (Messrs Quirk and Davidson, Wellington), and Mr GFC Griffin appeared for Ross.

    The dates of the alleged conspiracy were between December 15, 1936, and January 20, 1937.

DETECTIVE-SERGEANT WYLIE’s EVIDENCE.

    Detective-Sergeant J Wylie deposed to having seen defendant Ross at 8.15 pm on July 10 last at Harold Park. Ross had a greyhound dog in his possession, of which he said he was the trained and his wife the owner. Witness told Ross that he wanted George Hunter, who was present, to inspect the dog, as it was alleged that it had won two races in Dubbo in January 13, 1937. Hunter identified the dog as the winner of two races at Dubbo on the date mentioned, when a forged certificate of registration was produced. Ross said, “You are wrong; the dog was a cripple on that night. He had a torn pad.” Ross said he consigned two dogs from Sydney to Wongarbon on January 12—Flying Gold Dust and an unnamed bitch. Ross stated that he had seen a dog named Your Profit at Elliott’s place, but knew nothing about it, and that he was at Dubbo on January 13, when Your Profit won two races.

    Witness took possession of the dog, which was outside the Court. Ross and his wife called at witness’ office on July 11. Mrs Ross claimed ownership of the dog, but said she had nothing to do with its training or racing. Mrs Ross denied that Kenbon had won two races at Dubbo under the name of Your Profit, as it had not been outside her yard. Ross then said that he had been training two dogs for another man, and had kept them back.

    In a signed statement (produced) Ross said the dog Kenbon was not identical with Your Profit, and it did not leave Sydney.

    On July 16 witness, accompanied by Detective-Sergeant Frankish and Detective Burke, saw Elliott at the Dubbo railway yards. Elliott stated that Ross owned the dog Kenbon, but he (Elliott) did not know the dog, but knew Your Profit. On the way to the police station to inspect the dog, Elliott said, “What’s going to happen to me. I was only trying to shield Ross.” Elliott identified the dog as Your Profit, “although he seems to be a little altered.” Elliott stated that the dog hurt himself coming to Dubbo, and Ross gave him (Elliott) £20 for it. Later Elliott said, “I don’t know why Ross has done this to me.” Elliott afterwards made a signed statement.

    Witness stated that on October 13 he saw Ross in Sydney. Ross said, “I thought the yarn I told you before about the dog’s foot was all right, but I see now I should have told the truth. I want to make another statement.” Ross was shown Elliott’s statements, and said, “Part of them are true, but I did not give Elliott any £20.” Ross wrote a statement admitting that he ran Kenbon at Dubbo under the name of Your Profit. The reason why he acted as he did was because he was short of money. He won twice with him at Harold Park and subsequently arranged to buy the dog.

    Witness told Mr Davidson that Hunter had a card with the markings of the dog Your Profit when he identified it.

    Cheques for £4 and £5 respectively were identified by a Commonwealth Bank official, as being debited to the account of the Dubbo Coursing Club.

ALLEGED FORGED CERTIFICATE.

    Detective J Burke stated that in company with George Hunter, secretary of the Dubbo Diggers’ Coursing Club, he saw Elliott at Elong. Elliott produced an advertisement in “The Greyhound Recorder” as evidence that he had bought Your Profit. When told that the certificate he presented on January 13 with Your Profit’s entry was a forgery, Elliott said, “I knew nothing about that, but I can see now I was taken down.”

    Elliott, continued witness, made a statement in March that late in 1936 he bought a dog named Your Profit in Sydney, from a man named Grimshaw, and a certificate of registration was given with it. He (Elliott) took delivery on January 2 and brought it to Dubbo. He entered the dog at Dubbo as Your Profit and it won both races. He later sold the dog for £20 to a man named Reg Wilson, who said he lived at Tamworth.

    Witness stated that Elliott said, “I am sorry I gave you an incorrect statement at Elong.” Later, in company with Detective-Sergeant Wylie and Detective-Sergeant Frankish, Elliott corrected his statement and admitted that he knew the dog Kenbon had been said to be identical with Your Profit all right, but he’s changed a little since I saw him last.”

    Witness said that Elliott made a further detailed statement of events that led up to the purchase of Your Profit in Sydney. After winning two races in Dubbo he intended nominating the dog for races a week later, but it hurt its foot when jumping from a truck. Ross said the dog was done and he would take it back to Sydney and get the purchase money refunded in terms of the agreement, Elliott said he made mis-statements previously, as he did not wish to harm Ross.

    Witness further stated that when Elliott was arrested at Yeoval early in October he said, “I an innocent of the charge.” Elliott admitted that the letters sent from the National Coursing Association were signed by him and written from Dubbo in January, 1937, and that he had sent the postal note.

YOUR PROFIT WINS TWO RACES AT DUBBO.

    George Hunter, secretary of the Dubbo Diggers’ Mechanical Coursing Club, deposed that he was acting identification steward. On January 11 he received a telephone call from a man who gave the name of HO Elliott, who said he wished to nominate three dogs, including Your Profit. Particulars of nominations were given by ’phone. On the same night defendant Elliott called, signed the forms and paid the necessary fees. Elliott said Your Profit had never raced behind a mechanical hare. On January 13 Elliott was in the kennel enclosure with the dogs, and Elliott produced a certificate of registration for Your Profit. Elliott produced Your Profit from the kennel. He won all the way in the Maiden event and was heavily backed. Elliott later produced Your Profit, which again went to the front and won all the way in the fast time of 26 2/5 secs. Your Profit was nominated for the following week’s races, but Mr Rushby, veterinary surgeon, said it had an injured foot and would have to be scratched. Elliott said in future Your Profit would be trained by a Mr Hartley. Later Elliott said he had sold the dog and could not supply information wanted by the NCA.

    On July 10,witness said, he went to Harold Park by the markings on the identification card. Kenbon and Your Profit markings were identical.

YOUR PROFIT IDENTIFIED AS KENBON.

    James McGrath, identification steward at Harold Park, identified Your Profit as a dog named Kenbon, which was registered as being owned by Frederick Ross.

    Ella Winifred Engert, assistant secretary of the National Coursing Association stated in evidence that the signature on the certificate of registration purporting to be signed by her Association was a forgery. On January 22 a letter signed “HO Elliott” was received from Dubbo with a postal note enclosed for the registration of Your Profit, which was not on the list. Kenbon was registered.

    Merle Ella Price, of the Ballimore Hotel, stated that a man named Ross was staying at the hotel on January 5. He was absent from January 14 until January 17. On January 20 Ross did not sleep in the room.

    Orial Flannigan, butcher, of Ballimore, told of the two accused having been associated with three coursing dogs at Ballimore, including Your Profit.

    The dog Kenbon was brought into court and identified by witness as one he had seen at Ballimore in January.

    John Sydney Rushby, deposed that defendant and Mrs Elliott went to Witness’s home and said that Your Profit had been hurt when it ran into a fence after a rabbit, and asked for a certificate from witness, as he wanted him scratched for races for which he had been entered. Elliott said the dog was at Ballimore. Witness had never at any time treated the dog called Your Profit which was outside the Court House that day.

~ ~ ~ ~ ~

The Argus, Sat 30 Oct 1937 7

ALLEGED CONSPIRACY
ON DOG RACES

Sydney, Friday.

    At the conclusion of the hearing of a conspiracy charge against two men in connection with the alleged “ringing-in” of a dog called Kenbon under the name of Your Profit, at Dubbo on January 13, Mr RG Cookson, PM, committed both men for trial at Quarter Sessions on November 15.

    The accused are Herbert Oliver Elliott, aged 47 years, railway employee, of Dubbo, and Frederick Alex Ross, aged 35 years, labourer, of Sydney.

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 30 Oct 1937 8

GREYHOUND CASE.
———◦———
Two Men Committed for
Trial.
——
ALLEGED “RING-IN.”
——

Dubbo, Friday.

    At the conclusion of the hearing of the conspiracy charge against two men in connection with the alleged “ringing-in” of a dog called Kenbon, under the name of Your Profit at Dubbo, on January 13, Mr RG Cookson, PM, committed both men for trial at the Quarter Sessions on November 15.

    The defendants were Herbert Oliver Elliott, 47, railway employee, of Dubbo, and Frederick Alex Ross, 35, labourer, of Sydney.

    Each was allowed bail of £50.

    Elliot was represented by Mr Frank Davidson (Wellington), and Ross by Mr GFC Griffin (Dubbo). The Chief Police Prosecutor (Sergeant Stinson, of Sydney) appeared for the police.

~ ~ ~ ~ ~

Dubbo Dispatch and Wellington Independent, Mon 22 Nov 1937 9

DOG CONSPIRACY CASE
———◦———
ACCUSED ACQUITTED
————

    Although he had pleaded guilty to a charge of conspiracy in connection with the alleged “ringing-in” of a greyhound dog, Frederick Alick Ross was discharged at the Dubbo Quarter Sessions on Saturday.

    Pending the hearing of the case against Herbert Oliver Elliott in connection with the alleged ringing-in, Ross had pleaded guilty of conspiracy. The jury, after being locked up all night, returned a verdict of not guilty and Elliott was discharged.

    His Honor Judge Barton, in discharging Ross, said that when persons were charged with conspiring, either all were guilty or all were innocent. No single person could be found guilty of conspiring with another.

    It was alleged by the Crown that at a coursing meeting conducted by the Dubbo Diggers’ Club on January 18 last, Elliott had entered a dog called Your Profit in two events, which it won easily. Subsequently it was ascertained that Your Profit was none other than Kenbon, a Harold Park winner. The NCA registration certificate produced with Your Profit was a forgery, according to the assistant secretary, Ella Winifred Engert.

    Elliott said he had purchased the dog in Sydney from a man named Grimshaw, who, he said, had also given him the certificate. He denied that he knew the dog was Kenbon, adding that he had no suspicions that Your Profit might be a ring in, even when Grimshaw told him that if he didn’t win he could have his money back.

~ ~ ~ ~ ~

The Sydney Morning Herald, Mon 22 Nov 1937 10

DIRECTED TO PLEAD
NOT GUILTY
———◦———
After Jury’s Verdict.
——
MAN ACQUITTED OF CONSPIRACY
CHARGE.
——

Dubbo, Sunday.

    After a jury at Dubbo Quarter Sessions yesterday morning had found Herbert Oliver Elliott, 47, railway painter, not guilty of a charge of having conspired with Frederick Alex Ross, 35, to defraud the Dubbo Coursing Club and others of certain sums of money, Ross, who had previously pleaded guilty to the charge, was discharged by Judge Barton.

    When the jury returned its verdict, after a retirement of 12 hours, Ross was directed by the Judge to enter the witness-box and formally change his plea from “guilty” to “not guilty.” Both he and Elliott were then dicharged [sic].

    It was alleged by the Crown that Elliott and Ross had been responsible for the “ringing-in” of a Harold Park dog named Kenbon under the name of Your Profit at Dubbo on January 13, when it won a maiden event in fast time by six lengths, and later won a second race on the same night.

    Elliott was represented by Mr JJB Kinkead (instructed by Mr F Davidson), and Mr FW Berne prosecuted for the Crown.

~ ~ ~ ~ ~

The Gilgandra Weekly and Castlereagh, Thu 25 Nov 1937 11

JUDGE DEFINES THE
LAW AT DUBBO

    The second alleged “ringing-in”“ case, heard before Judge Barton, at the Dubbo Quarter Sessions, in which Herbert Oliver Elliott and Frederick Alex Ross were charged with conspiracy in connection with the greyhound dog, Kenbon, as Your Profit, at the Dubbo coursing meeting on January 13, was begun on Friday. Ross pleaded guilty and Elliott not guilty, and the jury was locked up over night in deliberating over Elliott’s case, sentence on Ross being postponed in the meantime. When the jury returned into court on Saturday, Elliott was found not guilty and discharged. The judge ruled that, notwithstanding Ross’ plea of guilty, a charge of conspiracy could not be sustained against him, and he also was thereupon discharged. Judge Barton pointed out that when persons were charged with conspiracy, either all were guilty or all were innocent. No single person could be found guilty of conspiring with another.

 


1     Evening News, (Sydney, NSW), Fri 7 Jun 1907, p. 5. Emphasis added.

2     The Sydney Morning Herald, Wed 20 Jul 1927, p. 12. Emphasis added.

3     The Sydney Morning Herald, Thu 21 Jul 1927, p. 8.

4     The Sydney Morning Herald, Thu 28 Oct 1937, p. 8.

5     The Canberra Times, Fri 29 Oct 1937, p. 3.

6     Dubbo Dispatch and Wellington Independent, Fri 29 Oct 1937, p. 8. Emphasis added and in original text.

7     The Argus, Sat 30 Oct 1937, p. 12.

8     The Sydney Morning Herald, Sat 30 Oct 1937, p. 10.

9     Dubbo Dispatch and Wellington Independent, Mon 22 Nov 1937, p. 2.

10   The Sydney Morning Herald, Mon 22 Nov 1937, p. 10.

11   The Gilgandra Weekly and Castlereagh, (NSW), Thu 25 Nov 1937, p. 4.