CASE AGAINST A JOCKEY.

Auckland Star, Volume LIV, Issue 219, 13 September 1923, Page 15

CASE AGAINST A JOCKEY.

FIRST OF ITS KIND. OWNER GETS DAMAGES. (From <"tr fnvn i'on'e>|>omlput.) LONDON. .Tilly 2S. A racine " l " ,, - lile ''■'*' of its kilu1 ' was broujrlii ln'fni'f 'l' p Umrt of llu' Kin"'« Ho7i.li ii:- ncN-k. Thoai-tinn wns bn:unlit by Mr. Henry j e pi, Bonm. Hove apiinsi tlio Irish ockev Michael Boary. claiming £SOO for the d.-ntli "f plaintiff's man. Tronprc whioli vn« Uillod whilst running ii, the Fiilwell Sollimr Plain at Kempion "plaintiff nHrffPi! negligent riding by thr defendant mi nnotlior liorse. ("Jolly E 'Mr >v,1,,,v f:.,.,Ur».v rHoUpur" of the Doily frlrsfrai.il"> »«M jiwt before thP ai-ciiii'ni tii.mo wt«re a number <>: hor? e S bmul.e.l togotlii-r. ami ho colUd not tell which liorso hsiH fnllrn until some time- nflrnntrds. Witness wrote an article after n photograph iippearcd. in whU-li ho sxwl ' ! 'f pliolrairnph. 1.a.l il been available earlier, might linve confirmed the statement of IVury that, he whs forced mi to Ironorv liy the pressure of the outside hows. ■•The niihlisiic.i photo." said witness. Moes ui'iu'ii !■' im-rease pome doubt in my mind that Beary was not so puilty as hi? unsppnfiini would make him out to be." .lOt K.KY (iIVES EVIDENCE. Michael Beai-y. pivinj; evlcence. said laet year he was third in the- list of winning jockey?, ridinp ~-i winners. He had been before the Stewards of the Jockey Club several iini.-s. He hail also lieen before the stewards of the Turf Club in Ireland. All joi-keys were. The last year he was in Ireland lie rude for the Stewards of the Turf I Ink and headed the winners. Referring to tho rnro in question. Bcary -sai'i tliat after .going a furlong* hp was lying Breond from the rails. There were threr horses on tiis outside crowding ..11 "... liim. nearly bringing him dmvn. :iii(l forcing him c.n ro the inside horse. Ironore. As Ironorc dropped hack lie was forced lin to 1 lie rails. The liumpin™ .■imlimitxl until they <;ot into the straight. Imnore was forwd out. and he did not sev her again. Ho did not sen her nill and he did not knowthat she was down until lie returned, to Ihe piulrlo,:.. The. joi-keys all round hjm were shouting, he supposed because they had not. enough room. His own horse was nearly down. Mr. Hastings: Could you have prevented being pushed on to the rails?— No: I was merely a passenger. My Do you blame Ingluuii or any of the other hoys';— Xo. 1 blame no one. Do you make any complaint about the Stewards of tile Jockey Club?— None whatever. 1 abide by their ruling. I gave them my account, just as I have given it here, that I was mereiy a pansenger. Mr. Thomas (cross-examining): Your mounts seem very unfortunate. You don't seem to bn iiblr- to manage them, although you arc such a skilful jorkey. Witness: Ko more so than other jockeys. His Lordship: 1 have sometimes seen counsel who could not manage their witness. (Laughter.) -Mr. Thomas: Still less manage the Judge. Mr. Thomas: Why did you not ask the Stewards to call other jockeys to chow that you were crowded? Witness: If I bad known this action was coming I would have done so. Herbert (Jcorge Smyth, the trainer of bpsom Downs, nave evidence that irouore was previously trained by him for the plaintiff, He valued her at about £250. She had been bought in at Folkestone alter winning a race for 2!)0 "uineas. .STYLE OF RIDT'NO QUESTMOX. -Mr. Justice Darling called Lord Durham, and said: I want to know your experience of jockeys riding with a different M-at now. What is the object of ruling in the fashion they do now? Lord Durham: [It has been diocovered that by placing lite weight morn upon a horse"- withers there is a 101b advantage. The old seat bus no chance, against the modern scat. His Lordship: !n the matter of managing the burse in a crowd, or if the horse misbehaves in any way. in your opinion has the jockey ihe same chance of controlling it as he had in the way Fordham and bis contemporaries rode? Lord Durham: Fordham himself used to ride very much in the present style of seat, hut not quitn >,> accentuated. He "sed to ride, it was always said, like a. monkey, but he was a very great rider and could place a horse anywhere. Lord Durham added: Horses are so aecuslomed in training to this style of riding that T dnn't think it makes much difference. Does it make any? \YpII a weak. jockey may not he able to keep him so straight. If a jockey could not control a horse they would never license him. iRGUMEXT AXiD MCRDICT. ■Mr. Hastings, addressing the jury, said the plaintiff came there posinj:" as a sportsman, and alleging that the defendant had been tried and convicted. It was a wicked tiling to do. The proceedings before the stewards were merely of a disciplinary character, and their decision was not in the least binding on the jury though defendant had to abide by it. ' •* Mr. Thomas, for the plaintiff, asked what would have happened to lieary if this young man who was riding Iroiiorc had hail his neck broken, and it was found, as the stevvarda of the Jockey Club found, that Beary deliberately crossed when only a ncuk away. He would then have been indicted for manslaughter, ft was to prevent him getting such a 'position as that, by killing somebody by foul riding, that Mr. Boam had taken this mutter up. Mr. Justice Darling, summing up, observed that this was a remarkable action, tuid it appeared to be the first action of the kind that had been brought. Although that was >-o there was no reason why it should not iv- entertained and why the jury should nol give their \erdicl on it. His Lordship "pointed out that Beary was skilful in riding horses, and Lord Durham than whom they could not have a better judge- had said'that Benry was a good rider and could ride properly if he liked. It nan essential that jockeys should only try to get in front of each other by legitimate and proper means, and not by foul. Foul riding must he discouraged. The jury were not to find for the plaintiff because the stewards of the .Toekey Club said the defendant vvus guilty of foul riding, ft hk for the plaintiff to prove his case. The jury found for the plaintiff. Damages of three hundred guineas wbtc awarded.