ALL SMOKE CASE.

Auckland Star, Volume LV, Issue 115, 16 May 1924, Page 6

ALL SMOKE CASE.

9 THREE FOUND GUILTY. CONSPIRACY TO DEFRAUD. SENTENCES DEFERRED. (By Telegraph.—Press Association.) CHRISTCHURCH, Thursday. The All Smoke case was concluded before Mr. Justice Adams at the Supreme . Court to-day. In the course of his summing tip his ; Honor said the main question was w*ether a horse was substituted for All j Smoke. There were certain facts which were undisputed. There was no doubt ! that All Smoke was nominated and ■ accepted for both races. It was also clear that some horses did in fact run jiu two races, that the same horse ran I in both races, that it was a black horse, 1 and further, that this horse broke down !on the second day. The only question was, was the horse that ran All Smoke ? ' A great deal had been said about a mistake in the race-book. It had been urged that it was the duty of stipendiary stewards to explain, but the Court was not trying the stewards for carelessness. There was the question of the hide, and again, he reminded them tbat they had not to decide whether it was tbe skin of All Smoke, but whether All Smoke ran. After reviewing the evidence by which the hide was identified, his Hgnor dealt with the testimony concerning the J horse which ran in the races. There was the evidence of Wilson, but it would be unsafe to rely on that entirely. To the same extent that applied to Bennett. The main evidence, however, waa not that of these men. There was Pees, who j was not cross-examined by counsel for Williamson and Capes, and he had Jjfeen | asked only one question by counsel for i Tucker. Pees said definitely that, the | horse All Smoke was not the one that ran in Auckland. Explaining the definition of conspiracy his Honor said that it occurred where two or more persons agreed by deceit or falsehood, or other fraudulent means, to defraud the public, or person or persons, which' included a corporate body such as the Otahuhu Trotting Club. Capes and Williamson appjared to be connected ! with the whole of the transaction. The nomination of a horse belonging to , Tucker was in the handwriting of Capes, i Then they were together at Otahuhu, ' and two men arrived at the boilingdown works with a horse. If the jury came to the conclusion that these men were connected in consort, and that a horse was substituted for All Smoke, then they would be guilty of conspiracy. The evidence against Tucker was weaker, and the jury must be satisfied beyond reasonable doubt that he was a party to the scheme. I The jury retired at 11.50 a.m., and 1 returned at 4 p.m., with a verdict of guilty against all three on the conspiracy charge, but Capes and Williamson only were found guilty on the false pretences charges. ' Sentence was deferred till Wednesday.