ALL SMOKE CASE.

Auckland Star, Volume LV, Issue 114, 15 May 1924, Page 8

ALL SMOKE CASE.

CONCLUSION OF EVIDENCE.

CONTENTION OF DEFENCE.

WHO MADE THE SUBSTITUTION.

(By Telegraph.—Press Associatiou.) CHRISTCHURCH, Wednesday

Further evidence was taken in the Supreme Court to-day in the alleged ringing-in cases.

All Smoke was not a har less horse, declared Frederick. Jones. He had put him into harness, but he had kicked the cart ito pieces, bolted, jumped a fence, and cut his foreleg, a permanent scar being left. The horse in the courtyard was the genuine All Smoke.

•An Auckland horse trainer, William Kelscy, said he gave Williamson permission to put a horse in his paddock about three weeks after the Otahuhu meeting. Capes removed the horse, which was a black one, and was not lame.

The owner of Wild Moa, James McDonald, said Wild Moa was nominated at Otahuhu without his knowledge. He had received AH Smoke from Tucker. He had been requested to say he trained the horse during October and November and that he had received it again in December. The story was to ,be told to the Trotting Association to save Tucker's license. He had AH Smoke only an hour when detectives came for him. In September Tucker said Capes had a horse he wanted to race in Auckland in October, and he wanted a horse to couple with it. Witness agreed to lend Wild Moa, but Capes did not come for the horse and witness questioned him about it. Capes said he did not want the horse, and everything was finished. They then entered the horse for the Otahuhu meeting without his authority.

The case for the Crown was closed. No witnesses were called for the defence. An Unknown Horse. Addressing the jury, Mr. Hanlon said the first hurdle the Crown had to get over was the fact that some unknown horse had been substituted for All Smoke. ]£ it was the truth that some horse was substituted what were the stipendiary stewards doing that they did not see brown rings and a brown muzzle ? Did they see the horse? If-they knew, their business they would kav.e instituted an inquiry. on the spot. Jurors had a right to say they would demand from the Crown some direct testimony from the stipendiary stewards that a wrong horse had been introduced. A glance at the horse would have bowled out the men. The jury had the evidence of Wilson—"the birdcage artist"—a witness who confessed he did not know quite whit happened in the race. Detective Knight was most amusing. He had noticed peculiarities of All Smoke. He had backed the horse, he noticed it came in lame, he saw it next day, and yet did not report its peculiarities to anybody in authority. The Crown had failed to get the correct witnesses, the stipendiary stewards, and, had dragged in others 'from all part of the Dominion to prove the horse in the courtyard was All Smoke. The defence admitted it was All Smoke. The undisputed facts were that two horses were nominated, Wild Moa and All Smoke. Bluewood and All Smoke went up to Auckland. This was the theory of counsel. At Otahuhu the horse in the box was All Smoke. That horse raced, broke down and was put in Kelsey's paddock, and three weeks later taken back to Christchurch and found by Detective Gibson in- McDonald's paddock. The one thing for the jury to consider was that the Crown said an unknown horse ran as All Smoke, but it required to be proved where the men got All-Smoke from. The only clear facts in regard to Tucker/said Mr. Thomas, were (1) he was the owner of All Smoke, (2) All Smoke was entered at Otahunu, (3) the management of the horse had been left to Capes and Williamson, (4) All Smoke went to Auckland, was placed in Kelsey's paddock and returned to McDonald's paddock. The Court adjourned.