THE TROTTING SENSATION.

Press, Volume LX, Issue 18014, 5 March 1924, Page 11

THE TROTTING SENSATION.

interesting EVIDENCE IN EULIUS CASE. ACCUSED COMMITTED FOR TRIAL. OTAHUHU CASE TO-DAY. liie great interest centred in the inleged ringing-in eases was manifested at the Christchnrch Magistrate's Court yewterdav morning by more than a suggestion of a queue which had lined up previous to the opening of the doore' for the generai public.

The Court sat in the No. 2 room', which is more commodious, and at least provided seating accommodation for the large detachment of witnesses.' Mr H. W. Bundle, S.M., was on the Bench. Leasing of Willie Lincoln. William Henderson Young, the first witness called, said that, witli George lies, he was part-owner of Willio Lincoln, and lies had done the business ; in connexion with the horse. They had leased the horso for two years to. W. P. Capes, and witness and lies were to get a third of the stakes won by the horse. Witness had had no dealings with Capes, and he did not know Golding. On January 9th witness was in Dunedin, and went to the Southern Stables, where ho saw Willie Lincoln. He had no doubt of the identity' of the horse, which he and lies had owned for about eight years. George lies, licensee of the Provincial Hotel, Christchurch, said he was part-owner of Willie Lincoln with the previous witness. On July 3rd, 1923, he leased Willie Lincoln to W. P. Capes. At that time Willie Lincoln was in the charge of J. N. Clarke and was in training. So far as witness knew, Willie Lincoln raced in Capes's interests at the Metropolitan Meeting in November last. He was fourth in the New Zealand Trotting Cup and won the Sprinters' Handicap on the Inst .day of the meeting. Witness received his share of the winnings as per the arrangement with Capes. He advertised in the papers that he wished to lease Willie Lincoln, and W. P. Capes answered the advertisement by calling on witness. Between July and November witness did not see the horse Willie Lincoln. Capes said that E. Pollock yva.s going to train the horse. Evidence of Trainers. James Neil Clarke, horse-trainer, said, "he trained Willie Lincoln for lies and Young for nearly two and a half years. On January <Bth- witness 'went to Dunedin .and visited the Southern Stables, where he saw two horses. The first was Willie Lincoln, of whose identity he had no doubt whatever. The other horse which he saw on his second visit to the stables was Look Out.- He recognised Look Ont by a'mark on the rump and a prominent forehead. He saw the two horses together and considered there was a marked difference between them. He would say it was a libel to call Look Out .Willie Lincoln.

Ownership of Look Out. : George . Banfield, registered horse trainer, said-that for two yeara prior to November, 1923, he was trainer and part-owner of Look Out, the other man interested in the horse' being W. Britten, a cycle dealer! Look Out was by Bavenschild from Bellbird, and he was a bay horse with a prominent forthead, fired in front oh the off fore-leg, and was low in the back and high in the rump. When he had the horse he had won one saddle, race at Ashburton. He did not win a race when in witness's charge until his run of successes in the . south. He had started four or five times and was not in a place. He was a hard horse to train, as he continually went wrong-, generally in the off 'hind-hip. On November 23rd he was not in racing condition and was lame, and had been out in the paddock for . about two months. On November 23rd he was sold'by Britten., A day or two afte,r November 23rd Look Out was taken-'by witness .to stables in Tuam street, opposite the Opera House. He again saw Look Out in Dunedin, at the Southern Stables; on February 14th When Look Out was lame it took him three or four months.to.recover. ■ When he "was left at the stables in Tuam street he was lame, and could not bo got ready to race in less than four to five months. He had gone lame last about a fortnight before Labour Day. About two months prior to Labour Day witness did a trial jn saddle pn the Aldington track over one mile, the time being 2m 255. Two men Who came with Britten to see tho trial included accused C. H. Capes, who was identified by witness in Court for the first time. • William A. Britten, cycle ( dealer, said that about the end'of November, 1923, he sold Look Out,for £l2 IDs to a man who had come to -his-shop. The man had asked if Look Out was for sale. The man identified by witness was accused J. Golding, Whose appearance was the same now as when the sale was effected. The sale was not completed straightaway, as GoldSg had daid there was another man to be consulted. Golding went away, later came back and completed the sale, notes to the value,of £l2 10s being handed over, with a contingency of £23 out of the first win. The transfer with the Trotting- Association was left to_ Banfield.-; Until yesterday- he had not seen the horse. He had not received the £23 for the first win, and had not seen Golding again until the present Court proceedings. The two accused Capes were present at a trial of Look Out on. witness's invitation. Cross-questioned by Mr Solomon, witness said that Look Out was so d to tho Capes brothers about four months after the trial. He saw the two accused every day after the trial, but the horse was not discussed. The horse was not lame on the day of the trial. David William Murray, saddler, said that M. Hulston, sen., father of accused W M Hulston, was his landlord, and

Hulston, sen., occupied the shop next door to that of witness, his business being that of hairdresser. He had not received anything at his shop addressed to Golding, nor had he authorised anyone to use his address. He did not know Golding. Seizure of Look Out. Detective Beer said he remembered the witness Ban&eld coming to Dunedin on February 14th, to identify Look Out. the horse seized by witness at Dunedin on January Bth, when he came by goods train from Christchurch. A ticket produced was identified by witness as that of U.G. 59, the truck in which the horse came. Detective Gibson, of Christchurch, said that the accused Tucker was employed by the accused Capes in Colombo street, accused Golding lived in Woolston, and Hulston at 303 Ferry road. Robert Lean, detective, of Dunedin, said that on February 6th, he showed A. D. Mclvot, starter for the Southland Racing Club, three horses at the Southern stables, and Mclvor picked one of the horses as that which had raced on January 2nd and 3rd at the Southland Racing Club's Meeting as the horse Look Out. That same horse ■was identified yesterday morning by A. Fleming as the horse Willie Lincoln.

Telegrams. William Leask Esson ? Superintendent of Telegraphs, Christchurch, produced a telegram from Dunedin signed "Judson" and addressed to accused Tucker, which read: "Ring Whitmore 3260 about 8 to-night." This was,,dated January Bth,' and timed 5.30 p.m. telegram was not,delivered because the addressee had left. A reply-paid telegram dated January 2nd was addressed "Bradley, Ellerslie Racecourse," and read: "Noluck, Wallv at races." This was,in reply to a telegram addressed Hulston. TTie reply was endorsed with the address 303 LF*erry roa!d. Witness stated that Telephone 3260 was that of T. Y. Whitmore's shop, 624 Colombo street, Christchurch.

Evidence of Handwriting. William' Henry Larcombe, clerk in the Trotting Association's Office, Christchurch, produced an application for a trainer's license froiii accused W. P. Capes, who previously held an amateur license. Under the rules as lessee of Willie Lincoln, he was compelled ft) obtain a professional license. He saw lies and accused Capes sign the .agreement of lease of Willie Lincoln, and Young, signed later. Golding when arranging the transfer of Look Out, give his address at 171 Madras street, City, but later Golding could not be found at that address. About January 7th witness and J. B. Norris saw accused'Hulston and Hulston's father,. and : Norris • had asked some questions; first if accused had seen Tucker, and he replied: "Not that day." He admitted going to Tucker's house to deliver. a message to Mrs Tucker that Tucker had gone away to Kaikoura. Hulston was askedi if he knew Golding and he said "No." "The appjication for a horse box signed 'J. Golding, W.H.' is to my mind in Hulston's handwriting," said witness, "and the handwriting ot the telegram signed Judson is that of C. H. Capes." James Macdonald, upholsterer, employed by T. V. Whitmore, whose premises are next door to the Capes's establishment, said that the telephone hunjber of WhitrQore's shop was 3260. After the first news of the Look Out case about January Bth, he was talking to accused C. H. Capes, who said he was expecting a ring on the 'phone from Dunedin at about 9 o'clock and would witness come down and let him in. Witness gave Capes the key, and ho obtained it again from Tucker next morning. This concluded the evidence in support of tho charges in connexion with the Southland and Wyndham Meetings. - Accused reservecT Their defence and were committed for trial at the Supreme Court, Christchurch, bail being allowed as previously.

Poverty Bay Case. Mr A. T. Donnelly then asked leave to proceed with the Eulius or Poverty Bay Trotting ,Club's case. Walter Medley Hulston, Charles Hopwood Capes, William Percy Capes, and Alfred Tucker were charged:—

"That on or about July 27tTi, 1923, at Christchurch, did conspire with each other by deceit td defraud the Poverty Bay Trotting Club of the 6um of £l7B 15s. by substituting the trotting horse "Willie Lincoln for the trotting horse Eulius." William Henry Larcombe produced registration papers in regard to the horse Eulius at present owned by J. N. Clarke, but previously owned by Alfred Tucker, who had leased the horse to Hulston. The writing in the body of the registration papers was that of C. H. Capes, and the signatures those of Tucker and Hulston. He was nol certain of Tucker's signature but was sure of that of Hulston. Prior to July 2nd Richard James was the owner of Eulius. J. N. Clarke had bought the horse on August 20th, 1923. A nomination form made out for the Poverty Bay T.C.'s Meeting, dated July 6th, 1923, for the horse Eulius, and signed bv.W. M. Hulston, was in ths handwriting of accused, C. H. Capes. Horace Earl Dodds, secretary of the Poverty Bay Trotting Clus, said he receded a nomination for the horse Eulius for the meeting on August 2nd. The horse did not start on the first day ™ the meeting. Eulius started in the Gisborne Handicap, and was accepted for by telegram. Eulius, who was driven by D. Bennett, and who signed

the driver's fee book, won the Ta SS" The stake was paid by cheque to • M. Hulston, 303 Ferry road. tne amount being £I7S 15s, the cll€q being made out to "W. M. Ilalst-oxi order," and endorsed '"W. M. " ton."

Photographs.

Walter Frederick Ingram. P ■ grapher, of Gisborne, said lie did pu* torial work for the "Sporting and l' r '" matic .Review." He attended meeting at Gisborne 011 August -u < 1923, and photographed Eulius. 1 winner of the Gisborne Handicap, 011 c winning the race, and once at'towards. Two negatives were together with photographs and enlargements. ~ Jaines N. Clarke, horse trainer, sui he bought Eulius at auction on August; 26th, 1923, at Tattersall's saleyard s, C'hristchureh. when the horse was described as the winner of the Povertv Bav Cup. Since then lie had raced Eulius at Aldington and New Brighton, and he found that though speed), the horse could not stay over a nulo and a-half. The tnne of 4m 46s for two miles would be within the compass oi Enlius on a good track like Addington. The photograph of the winnef of the Poverty Bay Cup was not Eulius, and strongly resembled Willie Lincoln, but witness would not swear to that. A photograph ot Eulius was recognised by witness without hesitation. When witness took charge of Eulius at the end of August he was rough in the coat and looked as if he had just come in from the paddock. The reason why he bought the horse was because if Eulius had recently won a two mile race in good time in poor condition, he would be a good proposition when really ready. When Willie Lincoln left his stable lie was in good racing condition, and had been twice clipped. Willie Lincoln was an infinitely superior horse to Eulius, the former having a record of 4m 27s for two miles, and 2m 10s for one mile, and Eulius 3m 33s for one and a-half miles. They were different -types in appearance. He thought that the photograph of the winner of the Gisborne race showed marked characteristics of Willie Lincoln. When going in a race Eulius and Willie Lincoln were very different, the latter being a bold pacer, and Eulius "pottery."

George lies recognised a photograph of the Gisborne winner as Willie Lincoln. He did not know, Eulius.

Another Trainer of Willie Lincoln. Alexander Fleming, horse-trainer, said that he had trained "Willie Lincoln for three or four years. Two photographs were shown witness and he identified the Gisborne winner as Willi© Lincoln, but did not know Eulius. Willie Lincoln was an uncommon looking horse with marked characteristics. He had seen Willie Lincoln run most of his races. He broke him in as a three-year-old, and the horse was now about eleven years old.

An Exceptional Trial. Robert Cadzow Fisken, horse-trainer, of Gisborne, said he had had a number of years' experience of training horses. He was vice-president of the Poverty Bay Trotting Club, and had a horse in the race won by fiulius, who bad soored fairly teomfortably. ■ He saw Eulius going on to the poverty Bay track the evening before the race meeting, at about 4.30 p.m.—'about dusk. He knew the Addington track. He saw Eulius do 2m 16 2-5s for the mile on the Gisborne track, which, in his opinion, would .equal 2m 10s or 2m lis on the Addington track. This impressed him considerably, and he knew his own horse had no chance. He had no doubt that the horse that had done this. good trial was the eventual winner of the big race the next day. He was in Dunedin in February at the Forbury Park Meeting, and saw a horse worked on tne Forbury track which he recognised as the Gisbonie ■winner. He was then with Detective Gibson. Before he went to Dunedin he went with Detective Gibson to New Brighton . and . witness, was shown a horse. The horse was put into harness and driven by J. N. Clarke, and witness said that it' was not the horse that won at Gisbonie. He examined the horse at Dunedin and decided that if he was clipped he would be the same colour as when he raoed at Gisborne.

George Scott, jun., of Scott Bros., engineers. Christehurch, said that accused Williamson worked for him prior to August, 1923. One evening prior to the Poverty Bay Meeting, about four, days before, a man called at his private house to ask if Williamson would be allowed to go to Gisborne to drive Eulius, - because Williamson was the only man who could drive Eulius, and if Williamson went Eulius was sure-to win. The man said he was the owner of Eulius. Witness refused permission for Williamson to go away. The narffe _of the man was not mentioned during the conversation. Thomas Matthew' Nicholson, chiflf officer of the s.s. Ripple, and formerly of the &*. Patuki, said he was in the latter ship on July 29th, 1923. There was a trotting horse on that ship on that date, being carrjed from Napier to Gisborne. The man in charge of the horse gave his name as W. Williamson. The man told witness the name of .the horse was Eulius.

George Brown Oman said that on July 29th he was licensee of the Gisborne Hotel. Two men came to his hotel on July 29th, who registered as Capes and Hulston. They left on Friday, August 3rd.

Driver of Eulius. David Bennett, horse-trainer, said that he diove the winner of the Gisborne Handicap on August 2nd, He was engaged by the accused Hulston, when coming home from the Gisborne track two or three days before the meeting. He did not drive the horse prior to the race. He was given £3O plus his percentage of the stake money for driving the winner. He did not notice anything remarkable about the horse's gear on race day, except that there was a hood. The horse won comfortably at the finish, but had to be punished coming up the straight. C. -H. Capes and Hulston were at Gisborne. The horse exhibited in _ a photograph as the winner of the Gisborne race was identified by witness as 'looking like Willie Lincoln." Immediately after the Gisborne race Huston took the horse away from witness. Witness was at the recent Forbury Park Meeting with Dettetive Gibson and drove a horse along a road on a day between the two days' racing. The horse was Willie Lincoln. On February 4th witness was at New Brighton and drove Eulius on the track. He could not say what horse he drove at Gisborne, but he did not think Eulius was that horse. He drove Willie Lincoln in two races at the Cup meeting at Addington, the New Zealand Cup and Sprinters' Handicap. The horse driven v at Gisborne pulled hard in its preliminary, but not in the race, and Willie Lincoln was much the same. He was in Fleming's stable when Willie Lincoln was an inmate, but did not recognise him. He had ridden Willie Lincoln during the eight months witness was in the stable. The Magistrate: Were tEe horse Willie Lincoln I cannot understand your statement. In reply to a question from the Magistrate as to how many drivers in the Gisborne race came from Christchurch, witness replied, "Two." Ernest Blake, stableman, Gisborne, 6aid that on July 29th a trotting horse came into the stable, and it was the only trotting horse, the remainder being gallopers. It was a bay horse, about 15.3 hands, with black points, and white saddle marks. Two men brought him to the stable and he was jn the stable six days. During the week he was put into a sulky and driven about the roads. The man in

charge _of the horse told witness the name of the horse was Eulius. He saw three horses at the police station on Tuesday, and picked out the one that he thought was at Gisborne. Frank Turnbull, employed hv H. Matson and Co., Christ-church, said that the horse Eulius was sold by accused Tucker in Tattersall's in August. Par--1 ticrjars supplied before the sale were J that tlie horse had won at Gisborne in ; 4.4t1. The horse was sold for 38igs and j a cheque was paid for £37 lis, being the proceeds less charges. An Every-day Horse. •Tohn Edward Le Breton, cabman, said he had the horse Eulius in his cab for about twelve months. Then the owner of the horse was accused Hulston. To his knowledge Eulius had started at Grevmouth, and then ran second at New Brighton when W. Bryce drove him. twelve months aeo last October. ( He went 3.31 or 3.32 for a mile and a ! half. The next time he raced at Riccarton at either Cheviot or the Amberlev meeting. W. Williamson was the driver and Eulius ran third in the time, official, of 4m 46 3-Ss. He then third in a one and a-qnarter ml?e rare at again driven by Williamson. His next outing was at the New Brighton meeting. Tn the intervals between racing he did duty in the cab. Hulston took the horse away from witness five or six davs before the Gisborne meeting saving that the horse was sold to a man named Tucker. It was proposed to take the horse to Gisborne. Witness's premises backed on to Hulston's. Witness suggested Hulston that, on the return from Gisborne, the old horse looked rouch after his trip, but Hulston replied that Gisborne was a hard place to reach and Eulius was a bad horse away from home. The horse's driver at Gisborne was not discussed. Witness said that the photograph of the winner at Gisborne resembled Willie Lincoln. The photograph of Enlius was identified by witness without any doubt. Witness did not think that Eulius resembled Willie Lincoln at all. Frederick William George Clements, horse trainer, said he knew Eulius and rode him at the Ashburton Winter Meeting in a mile saddle event and the horse was well beaten out of a -place. He saw Hulston after the Gisborne races, and Hulston said he had used witness's name as trainer as Le Breton had not renewed his trainer's licence.

Finance. Hargreaves Stott, head ledger-keeper of the National Bank, Christchurch, said that he had an account in the bank in the name of the Christchurch Fruit and Produce Company. C. H. Capes operated on that account. He produced a copy of a ledger account of the company from July 21st, 1923, to February 4th, 1924, as set out in the books of the bank. Deposit slips were produced of moneys paid in during that period. The cheque for the stake, £l7B 15s, was paid into the account of the Christchurch Fruit and Produce Company. On August 21st, 1923, the deposit slip was signed by C. H. Capes. A cheque for £37 lis was paid in on September 3rd, 1923 (being the pro- « ds of the sale of Eulius).

Police Evidence. Constable Robert Thompson, of Gisborne, said that the negatives of the photographs had been received by him from the witness Ingram on January 25th, and he had retained them in his possession until yesterday. Detective Lean said he knew the witness Blake ajid was at the police station yard yesterday when Blake identified the horse -who won at Gisborne. That horse was Willie Lincoln. There were three horses in the yard, and the other two horses were Eulius and Look Out. , Chief-Detective T. Gibson said that on January 29th he took the witness Fisken to New Brighton to see a horse work. That horse was Eulius. On February 2nd he also allowed Fisken to- see a horse work in harness at the Fofbury racecourse. That horse was "Willie Lincoln. Witness arrested' accused Tucker. When the warrant was read accused did not make any answer. Accused reserved their defence and were committed to th* Supreme Court, Christehurch, for trial. "With, regard to bail Mr Donnelly said that complaints had been made to the piolice that the accused Hulston had, during the luncheon adjournment, accosted and interfered. with witnesses. Mr Donnellv asked that it.,be a condition of Hulston's bail that he did not misconduct himself again. , . Mr Solomon for the accused Hulston said that the latter had become angry and he had spoken to some of £he witnesses. Counsel was sure there would be no further misdemeanour.

The Magistrate, on the assurance of Mr Donnelly that nil the accused were well-kfiown men, allowed bail as before, each in £2OO.

The fifth charge, that in connexion with the Otahnhn Meeting, will be heard this morning at 10 o'clock.