THE TROTTING SENSATION.

Press, Volume LX, Issue 18013, 4 March 1924, Page 10

THE TROTTING SENSATION.

HEARING OF CHARGES

COMMENCED.

ADJOURNED UNTIL TO-DAY

The Magistrate's Court was filled to over/lowing yesterday morning in anticipation of the hearing of the alleged ringing-in cases. The limited amount of seating accommodation provided for the public was quite inadequate for the crowd which attended, and which overflowed into the corridor? and passages. Amongst the gathering were many wellknown men intimately connected with the trotting sport, while the army of witnesses fhem-elves required no small amount of accommodation. The Bar made an imposing array, and for a single case in a Magistrate's Court, made something of a record. Mr H. W. Bundle. S.M., was on the Bench. But the multitude that had foregath-

ered in readiness for some sensationa' disclosures were disappointed. In ad dition they had not taken into accounl

a notable sporting fixture which was of much interest to many of theiega! luminaries. Quito early in the proceedings it was evident that the hearing of the case would not go much past the noon hour—eventually it did not reach that time—though possibly it was an accident that the resumption of the Test match was timed also for twelve o'clock. At the opening of the proceedings, Mr A. T. Donnelly, who appeared for the Crown, asked for a remand of the Gisborne and Otahuhu cases until today, as he found that some of his evidence was not yet to hand. At 11.45 a.m., with five more witnesses to be examined, there was a remarkable unanimity between counsel and prosecutor that tho remainder of' the hearing of the southern, or Look Out, easo be adjourned until 10 a.m. to-day. William Williamson, William Percy Capes, Charles Hopwood Capes, Walter Medley Hulston, and James Golding were charged:— "That on or about December 17th, 1 192,1, at Christchurch, did conspire with each other by fraudulent means to defraud the Southland Racing Club, to wit, by entering a trotting horse named Willie Lincoln in the Boslyn Harness Trot at the Southland Eacing Club's Meeting, held at Invcrcargill on January 3rd, 1924, under a false name, to wit, Look Out." "That on or about December 17th, 192", at Christchurch, did conspire with each other by fraudulent means to -defraud the Wyndham Eacing Club, to wit, by entering a trotting horse named Willie Lincoln in the Diggers' Trot Handicap, at Wyndham, on January Ist, 1924, under a falso name, to wit, Look Out."

"That, on or about December 17th, 1923, at Christehurch, did conspire with each other by fraudulent means to defraud the Southland Racing Club, to wit, by entering a trotting horse named Willie Lincoln in the Oreti Harness) Trot of the Southland Eacing Club's meeting, held at Invercargill on January 2nd, 1921, under a false name, to wit, Look Out." Walter Medley Hul«ton, Charles Hopwood Capes, William Percy Capes, and Alfred Tucker were charged:— "That on or about July 27th, 1923, at Christehurch, did conspire with each other by deceit to defraud the Poverty Bay Trotting Club of the sum of £l7B 18s, by substituting the trotting horse Willie Lincoln for the trotting horse Eulius.'' William Williamson, Alfred Tucker, and Charles Hopwood Capes were charged:— "That on or about November 17th, 1923, at Christehurch, did conspire each with the other to defraud the Otahuhu

Trotting Club by substituting an unknown horse for the trotting horse All Smoke." Mr A. C. Hanlon, with Mr A. B. Hobbs, appeared for C. H. and W. P. Capes. Mr S. Solomon, K.C., with Mr A. A. McLachlan, for Williamson, Golding, and Hulston, and Mr M. J. Gresson for Tucker. Mr A. T. Donnelly asked for a remand until to-day for the hearing of the Poverty Bay and Otahuhu charges. Bail was accordingly granted, Tucker in £2OO, with a further surety of £2OO. Railwaymen's Evidence. Robert Gallagher, a railway clerk in the transport office, Christehurch, said that an order (produced) for a horsebox from Hornby to Invercargill on December 21st, 1923, was made out in his writing, except the signature. The order was signed J. Golding, W.H., and was for a box on December 27th. The box had been sent to Addington in error. On December 27th two men cama

to the transport office and enquired about railing a horse down south. The Department admitted the error of not having sent the truck into Hornby as ordered. Witness arranged for a TJ.G. waggon to go on the 12.20 express to Oamaru. The men said they were going to Winton. Witness had since identified Charles Hopwood Capes as one of the men.

William Stnnley, a shunter employed in the railway yard, Christehurch, said he remembered a horse going away on the express on December 27th. He had assisted to load the horses. There were two men, one with gear and one who brought the horse. Charles Capes was the man with the gear. Edwin Billing, a railway porter employed at Christehurch, recognised a consignment note which was in his handwriting, except the word "sulky" and the signature "Golding, Madras street." He was loading bank porter at Christehurch. He was on duty on December 27th, %vhen the horse went away on the express. The horse was brought to the bank between noon and 12.20 p.m. The accused Charles Capes was the man who gave the particulars to fill in the consignment form. He did not know who had signed the form. Nothing was said about the ownership of the horse. Accused, C. Capes, did not go with the horse, as after the train had gone he had to go to the booking office to pay an extra charge for a 17. G. box on the express. He saw accused go to the office to pay these charges. Mr Solomon, cross-examining the witness, asked if there was anyone else present when witness received the consignment note. Witness said that the shunter was the only other one present, except the men with the horse. Ho could not say who had signed the note, but noticed it was signed "Golding." Witness asked if the horse was oue of Golding's, as he had an order to deliver the box to Golding, and received an affirmative reply.

Harry Curson, clerk in the parcels department, Christchurch railway station, recognised the consignment note vrhich was brought to the office by the previous witness. It was then signed "Golding." Ho did not see anyone else in connexion with the note. He collected the extra charge from the accused Capes, who had been brought back by the porter Billings. Capes remarked that the horse was going by the express, as the truck had not gone forward to Hornby as ordered. Charles John Halsey said that on December 27th he was on duty in tho parcels office before the departure of

the second express. He knew Charles Capes, because when witness was working in the goods shed accused had come to the shed about consignments of fruit. lie received the sum of £-1 14s Sd from Capes from five to ten minutes before the express left on December '27 th as part of the freight charges on a horse. Harold Motcalf, a railway porter, said he was on duty at. Hornby on December 27th. About 7.10 a.m. a man came looking for him, and there was another man with a horse in a. sulky. The man who had come for him was accused Williamson. The waggon was not at Hornby, and he advised Williamson to this effect. Williamson said he had come to load the horse with Golding. Witness asked if that was Golding. meaning the man outside, and Wiliiamson said: "Xo, that is McLean." Williamson said the horse would need a few days- training. Witness tried to find out tiic name of the horse, but Williamson would not divulge anything. Frank Edward Smith said he was a railway porter, and on January 7th he was on duty in Christchurch. He recognised the" writing on a consignment note as his own, in that part set aside for the official marks. He had no idea who had filled up the rest of the note. It was for a horse going down to Dunedin. The horse was loaded and three men were interested, the time being from 9 to 10 p.m. Ho was not sure of the men, but so far as he could remember the accused. G. Capes, was the one who handed him the consignment note. The ticket on the truck was in witness's handwriting, and tiie consignor's name was Thomas C. H. Shaw and the consignee's C. Atkinson.

Nominations and Colours. Harold Edward Goggin, employed in the office of the Xew Zealand Metropolitan Trotting Club, said the nomination forms produced in Court were those of the Canterbury Park Trotting Club's Xew Year Meeting, which club's affairs were administered from the Metropolitan Club's office. The horse Willie Lincoln was entered for both days of the Canterbury Park Meeting, but was not accepted for on cither clav. He recognised the handwriting as that of "W. P. Cape's. Edward Pox, packer at the Education Board's store, said he knew Hulston's shop. Some time ago, after being in tho shop for a shave, a tall man accosted him at the corner of tho Xew Zealander Hotel. He asked if witness wanted to sell his father's colours, and witness agreed. He gave the man a note to get the colours from witness's brother. The man said his name was J. Golding. Ho Mas a tall man with a black moustache, and so far as he knew he was not iu tho Court.

John William Po.v, brother of the previous witness and manager of the Metropolitan Hotel, Christchurch, said he remembered a man coming to him about his late father's racing colours. He recognised a letter dated December 4th, written by witness to the Trotting Association, asking for a transfer of his father's colours to J. Golding. He sold the colours to the man J. Golding for 30s. The man who came for the colours was a dark man with a dark moustache, about 40 or 45 years of age. He could not see the man in Court.

At this stage the hearing of the case was adjourned to 10 a.m. to-day.