"ALL SMOKE."

Press, Volume LX, Issue 18015, 6 March 1924, Page 14

"ALL SMOKE."

THE TROTTING CASES. i HAIR DYES AND HIDES. ACCCSED COMMITTED ON AUCKLAND CHARGE. Th -a a li' 1 i i' fa! iin u- off in Ihe in ■ Irr'-si i-: hearing of ?!"> trotting I'lli• ii■ * aeaii! ;l:r»|jgi-.| the 1.;,.-!; of the •.'(•urt f«>r tin; ;.>■ I;r.i:t-i)i■ ■ 1 hearing yesterday. T!"' genuine A 7! S'nmke was produced t'nr identification. while :<n•ifhvr intere.«f!!i2 exhibit was the hide of the horse who raced at Auckland. A humorous note was struck by the substitution of one blrn k horse for another at the t'ourt 'hiring the morning. At the tin,.; t iie Court opened, there was a, blaek horse tied up in the yard which was being handled and criticised bv the knowing on>. s. When the time for the actual 'idem i/iea t ion i-.anie. however. the genuine Ail Smoke was produced in the yard, to the discomliture of tho cognoscenti. In all, 715 ■witnesses v.cre examined, coming front nearly all parts of the Dominion. 7d r 11. W. Bundle, iS.il., was on the Bench, and counsel was as before. h-o far as the charge was concerned there was a change of scene in yesterday's case, viz.: William Williamson. Alfred Tucker, and Charles Hopwood Capes were charged: ''That on or about November 17th. 10-3, at Christehureli, did conspire each with the other to defraud the Otahuhu Trotting Club by substituting an unknown horse for the trotting horse All Smoke."

Club Secretary's Evidence. Robert Leslie Absolurn, secr'etarv o£ the Otahuhu Trotting Club, said "that the club held a two-day spring meeting, a postponement being necessary through bad weather from November 17th and 21st to November 21st and 24th. The first race the first day was the Introductory Handicap, in harness, for trotting horses only, who had not won at better than 2m 28s to the mile. Amongst the nominations for that race wero All Smoke and Wild Moa. On tho second day All Smoke was nominated for the Innovation Handicap. Tho first nomination was by telegram signed McDonald, and the nomination was confirmed on a form originally one for the New Zealand Metropolitan Trotting Club altered to the Otahuliu Trotting Club. The form contained the following information as regards All Smoke: A. Tucker owner, and J. McDonald trainer. All Smoke was described as an aged trotter, by Jingle from Palm Bell. Wild Moa was coupled in the nomination with All Smoke, owned and trained by J. McDonald, and described as a four-year-old trotter by Wildwood Junior from a Tracey mare. The nomination forms were signed "A. Tucker, 68 Martin avenue, Christchurch," and the address of J. McDonald, the trainer, was given as 28 Flockton street, Christchurch. Wild Moa was scratched for the Introductory Handicap tho first day by a person sogning J. McDonald, per C. Shaw, on November 16th, at 11.45 a.m. On November 21st the Introductory Handicap was won by Lord Roberts on 48yds behind scratch, All Smoke, on the limit, being second. All Smoke was driven by D. Bennett, of Christchurch. On the second day, in the Innovation Handicap, All Smoke started from 108 yds behind scratch, a saddle Tace, and was ridden by W. Williamson. Witness did not take particular notice -of tho race. The losing rider's fee, payable to Williamson, was £3. The second money duo to Tucker for All Smoke was still held by tho club, and also tho riding fee due to Williamson. On December 7th witness received a telegram: "No stake-money vet to hand. Why delay?" and signed "Tucker." Witness did not reply, and next day received a second telegram: "Received no reply to yesterday's telegram, when may I expect one?" and again signed "Tucker." Witness replied by telegram that the stakes were withheld pending the investigation of the destruction of All Smoke without notification. A further telegram was received ffom Tucker asking for an explanation by letter of witness's telegram. Witness did not reply. Williamson had also written to witness asking why his riding fee was withheld.

Horses Arrive at Otahnha. Allan Roy Mcßae, railway clerk at Otahuhu, said that on November 13th, at 8 p.m., a train arrived from tho south, with the equivalent of o G waggons, one G waggon, and 2 UG waggons. A G waggon, No. 219, consigned to Williamson, contained two horses and ojje sulky, and the two UG waggons were Nos. 53 and 27, and wero consigned to J. Bryce, and contained seven horses and two sulkies. The contents of the waggons wero signed for by W. Williamson and J. Bryce respectively, and the changes paid. Tho consignment noto for G219 was handed in at Thorndon and signed W. Williamson, Christuhurch, and the other consignment note was signed J. Bryce, Hornby. On November 26th one trotting sulky was consigned to J. Hardwick, Wellington, by C. H. Gapes, Criterion Hotel, Otahuhu. Another consignment note handed in at Auckland dated December 14th was signed C. and consigned a horso to A. Tucker, Christchurch, care of <T. Hardwick, Wellington. Witness had gone through tho records at Otahuhu from November loth onwards, and could find no record of a consignment of a horse away either by Williamson or Capes. Ealph Fairlcy, a stable-hand, said on November 15th he was employed by William Kelsey, horse-trainer, Auckland. On Tuesday, November 13th, he was instructed by his employer to go to the Otahuhu station for a trotting horse called Bluewood. He found 2 UG waggons, and one G waggon. He helped to unload Bryce's horses. Williamson then came up and asked for Kelsey's boy. Witness recognised Williamson because he had met him at a previous Auckland meeting. Either Williamson or vouug Bryco handed over Blue wood —witness was not sure —from the G waggon on the end. There was another horae in the box, and Williamson said that was Kalolon. Witness went away with Bryce's party, leaving Williamson, who said he was going to stay at Otahuhu.

"Starboaid" or "Off." John Nicholson, licensee of the Criterion Hotel, Otahuhu, said that on November 13th two men came to stay at his hotel, giving their names as Capes and Williamson. They brought a horse with them, a black trotter. The horse was kept in witness's loosebox. He had not seen the men before or since that time, until in the Court. They left the hotel on November 26th. There had not beeu much conversation with the men, as witness did not know anything about racing. The

men look (he horse to the races. AVitness missed the lirst race on the lirst day, but did not hear the men discuss any particular race. He saw the horse ai'ter each day and beforo it left the house. The horse was lame after the second dav on the "starboard fro tit It-jtr.'' -Mr Donnelly: Ton mean the right foreleg ? Witness: A e=.. Continuing. witness said the b-ji v -a> swollen about the fetlock. He did not see the horse leave the house. A Steward's Evidence. John 'Wilson, manager of the Otahuhu Gasworks, said he van a steward of the Otahuhu Trotting Club. lie knew .Nicholson's Hotel and saw a horse there, a bla'-k horse. about 1-j.-hands high. wi'h unusual brow n streaks on the muz/.le. It seemed that brown hairs were mining through a ldaek surface. Williamson was in charge of' the horse. He recognised Williamson in Court as the ma 11 with the horse at Otahuhu, ami also Capes.

He saw more of Williamson than Capes. He saw the horse on the roads or at the hotel every day prior to the races. The horse was covered and in harness. The logs also were bandaged. On November 17th there was heavy rain, and the official car with the stewards passed the horses on the road coming back from the racecourse. Between November 3 7th and 21st witness saw the horse on several occasions. On November 21st witness was at the meeting, and saw the horse race in the Introductory Handicap. lie was a good sort of horse, a hold trotter, but was bandaged. Witness was birdcage steward on race day. The horse ran again on the second day, ridden by Williamson, but broke down in the race. He was tender in the birdcage before he went out, and when the horse went, 'wrong Williamson dismounted and led the horse back. The off foreleg was the seat of the trouble. Witness saw Capes and Williamson again in the Criterion yard on November 2Gth, lixing tip gear on a sulky in preparation for leaving. Witness did not then see All Smoke, and had not seen him since. Witness then left the Court to inspect a horse at the rear of the Court, which witness said was not the horse he saw at Auckland. The horse produced at Court was the genuine All Smoke.

Not a Casual Observer. John William Pees, a gas company employee at Otahului, said that on the morning of November 14th lie was with another employee, Carson, and they saw a horse near the Otahuhu track. The horse was covered, but the head and neck were black. Two men were in charge of the horse, Capes and Williamson. The two accused stopped a woman on the road, and she pointed towards the track. During the next few days witness saw the horse on the roads and in the paddock and loose-box of the hotel. lie saw the horse coming back from the track on the 17th. Witness went to the races on the 21st and saw the horse race as All Smoke. He seemed a wellconditoned horse, and fit to win anything. The forelegs were bandaged. (Between tho tvuo days' racing the horse was seen about the roads by_ witness. On the second day the liorso broke down in the race, and Williamson, the rider, dismounted and led tho horse back to the birdcage. The horse had gone wrong in the off foreleg, and looked as if he would not race again. On November 26th witness again saw the horse in charge of Capes and Wil-' liamson on the Panmure road at the back of the Criterion Hotel. Ho knew Austin's boiling-down works and the road the accused wero on with the horse would lead to the works. The horse was very lame. Witness would know the horse again. Witness said that the genuine All Smoke at the rear of the Court was not the horse that raced as All Smoko at Otahuhu.

At the Boiling Down Works. John Brownlee, clerk at Austin's boiling-down works at.Topapa, said that on November 26th lie took a. hor-jo into the works at about 10.30 a.m. The works were about three miles from the Criterion Hotel, Otahuhu. The horse was first seen by witness being led through the paddocks by two jnen. The horse, which was rugged and very lame, was black. The horse was brought into the yard, and witness going out the' opposite way met one of the men in tho works. He did not know the man then, but recognisod the accused "Williamson as the man. Williamson said to witness that he had a horse to be destroyed. Witness told Williamson that ho could not have the horse destroyed that day. Williamson told witness that it was a trotting horse, and had a small bone in the fetlock broken, and he wanted'it put out of its misery. The sum of 10s was to be paid for the horse'. Williamson asked witness what method of destruction was used, and witness replied "Shooting." Williamson agreed to leave the horse, because it would prob. ably be some time before ho could be destroyed. Williamson had a Scottish accent. Witness could not swear to the other man, as ho had no conversation with him. Ten shillings were paid over to tho men, who asked if there was a short cut to Otahuhu. Witness did not know the name of tho horse. Ono of the men took the rug, and the horse was turned out in a paddock. The horse was destroyed on December Ist, during the' interval being in the paddock. The horse struck witness as rather peculiar. The fetlock was swollen, extending above the fetlock, and the leg was nearly always rested. The horse had a bay muzzle, and was peculiar in colour. He was a black, yet had a bay muzzle and bay rings round tho eye's. Also ho seemed to be bay underneath the black. When the coat was straight he was a black horse. The hide was taken to Sutherland's tannery after the horse was destroyed, and handed to Mr Nelson. There was no other horso running in the paddock at the time the horse was at the works. The hide produced in Court was the one handed to Nelson. Fractically all tho hides from Austin's works were skinned the same way as the hide produced.

"Stained or Dyed." ■William Nelson, foreman fellmonger of Sutherland's Tannery, Onuhunga, said that on December Ist he wis on duty at the tannery, and received from Brownlee a black horse-hidc. Witness examined the hide, which was from u freshly-killed horse. This hide was of peculiar colour. When the hair laid flat it was black, especially on the back, but when the hair was ruffled, particularly on the belly, it was bay. On the belly there was a great deal moro bay than black. The appearance of the hide suggested to witness that it had been stained or dyed. The hide was retained by witness until January 21st. It had been washed and cured, and kept under lock and key at the request of the Otahuhu Trotting Club. The hide produced in Court was the hide in question. Witness pointed out the distinct traces of the brown hair on the belly. On the ■wither there "was a. distinct white mark partly dyed. The bide was well dressed and in a good state. Herbert Edward Knight, detective, of Auckland, said that on January 21st he took possession of the hide from the witness William Nelson, and it had been in witness's possession ever since. From it the witneas cut three pieces in the presence of Mr Griffin, the analyst. These were handed to Griffin, and a receipt was received for them. Witness saw All Smoke run at Otahuhu, and took particular notice of him each day.

Witness; said the horse that raced ;it Otahuhu was a different type of horse altogether to the genuine All Smoke produced at the Court.

Scientific Evidence. Kenneth Massey Griffin, Government Analyst at Auckland, said that oil February rd he rc.-i-ived from Detectho Knight three pieces of the hide fn,the purpose ot' discovering if the hide had been dyed. Witness found copper in all three pieces. A pice from the bt !!y appeared to have two distinct layers in colour, one black and the other light brown. The layers were separated as far as was possible, and he found that the outer layer contained about four times as much copper as the inner layer. In witness's opinion, the hair had been treated with salt of copper. There were a number of wellknown hair dyes which contained nitrate or chloride of copper. Two pieces of a. natural hide were treated, and no trace of copper was found.

Thc Driver's Testimony. David Eennett, horse-trainer. said thai he drove All Smoke at Auckland on November -Ist. He had gone to Auckland for a holiday after the Cup Meeting in Christchureh. Capes met him and told him that he would try ro get a drive for witness. He saw Capes on November 21st at the races, alongside the horse-stalls. Capes told him he had obtained the drive for him, and from the saddle-cloth in Capes's hand witness knew he was to drive All Smoke. He obtained the colours from the horse-box, and his numbered anabaud when changing into the colours. The horse did not go well in the race, as he broke a good deal. There was nothing distinctive about the horse. Xo fee was mentioned or anything about butting. Witness did not back the horse himself. He received £o driving fee from the clerk of scales. Williamson took the horse from witness in the birdcage after the race. There was a brief talk when witness mentioned that the horse was a. hard puller. Witness saw Capes in the paddock and told him that the horse was a hard puller and witness could not hold him. Capes did not say anything about tho race. The horse pulled up lame, but he did not notice which leg. Witness did not see Capes again, as lie left that night from Auckland. So far as witness knew, he had not seen Capes since the Auckland Meeting, or Williamson cither. lie had not seen All -Smoke since tho Auckland Meeting. Witness said that the horse fit the back of the Court did not seem much like the horse he drove in Auckland.

The Magistrate: Give a definite answer. Is it like the horse you drove? You are an experienced in an amongst horses, and you should have a definite opinion. Witness: I don't think it is the horse I drove.

The Magistrate: That is no definite answer. When you went on to the course had you no definite engagement, and if you had not met Capes and Williamson you would not have driven the horse? Witness: No. If I had not met Capes I would not have driven the liorile.

The Magistrate: All I can say, Bennett, one can't be impressed very much with vour evidence.

Frederick Jones, horse-trainer, Christchureh, said ho knew the horse All Smoke, and trained him about two and a half years ago at Timaru for MiGeorge King. The horso once kicked the cart to pieces, ran away, and cut a leg. He examined a horse at the police station iu company with Detective Gibson. The horse at. the Court was the same horse, All Smoke, and had the cut on the leg. The horse had not raced in harness so far as witness knew, but had raced at Timaru in saddle. No one would care to drive the horso in harness, for to stop him from kicking his head had to be checked up in tho air. No one who knew the liorge would attempt to drive him in harness.

Trainer, Dealer, and Grazier. William Kelsev, horse-trainer and dealer, of Auckland, said that on November 13th he instructed the boy Fairley to go to Otahuhu for tlio horse Bluewood, which was delivered to witness's establishment. On the second day of the Otahuhu Meeting, witness paid Williamson the sum of £1 for an overcharge on Bluewood. Williamson had asked witness for the use of a paddock to graze a horse, 110 name being mentioned. Tho paddock was leased from a Mr Coyle, and the grazing fee was 2s 6d a week per horse. There were several horses in the paddock at the time. Witness had not seen Williamson or had any communicalion with him until the second day of the Court proceedings. He had seen Capegj roughly, three weeks after the meeting. Capes came to his house and said he had come for a horse Williamson had })ut iu the paddock.' Witness referred Williamson to Coyle to pay tlio grazing charges. Next day witness saw Capes with a black horse, which was rugged. Capes asked for a feed, as he was going away by train from Newmarket at 5 p.m. Witness could not see the condition of the horse in Capos'B charge as it was covered with a rug, but it walked freely enough. The next time he saw Capes was in Court. Witness saw two horses in the yard at Court, and the one without a rug was much like the horse that was in the paddock at Otahuhu. He had not arranged with either Capes or Williamson to rail or ship a horse, and he had nob done so. He had not shipped a horse to Christchurch in his life. He had not seou Tucker in his life until Tuesday in Court.

Herbert ITorance Coyle, bootmaker, Auckland, said he leased the Epsom reservo in Auckland, and he let the grazing rights at 2s 6d per week to, amongst others, the witness Kelsey. He remembered seeing a man giving the name of Tucker, who said he had paid 9s for grazing a black horse' with a cover on. The receipt-book showed that the date was December 14th. Witness had not seen the horse. He was almost certain it was the accused C. H. Capes who had called on him.

"To Save Tucker's License." James McDonald, upholsterer, St. Albans, said he knew tlio accused Tucker and C. H. Capes. Ho owned a horse named Willi Moa. HeVlid not authorise Wild Moa to be nominated for the Otahuhu Meeting. He did not know the horge All Smoko prior to the Court proceedings. Witness said that he had got All Smoke from a Mr Francis, St. Albans street, on the same morning as Detective Gibson took the horse away. He had been instructed by. Tucker to go and get the horse, and Tucker wanted him to say that lie (witness) trained the horse to save trouble with the trotting authorities. Tucker said he had nominated Wild Moa so as to keep the dividend right, for it was a big field, and he did not want any other horses coupled with All Smoke. Witness did not expect the horse to be taken away, as he did not know anything about it. When Tucker was questioned by witness about the seizure of the horse, he said, that it was "a. Buspect or something like that." Tucker gave witness dates to tell the trotting autuohirities and to say to them that the horse was lame in front Witness was to give this information to the Trotting Association just to save Tucker's license.

The Magistrate: Have you no duty to the Trotting Association?

Police Evidence. Frederick John Beer, detective, said he interviewed Williamson at Donediu, and Williamson had mado a statement to him regarding several horses, in-

eluding All Smoke. -The statement ■was produced in Court. Thomas Gibson, senior detective, Christ church, said that on January !>th, .19-4. with Mr ,1. P. Norris, of the Trotting Association, he went to the home of the witness McDonald in Flock to n street, and when there he saw a Mack horse in the paddock, which later he took possession ot'. From there they went to Capes's shop, and there saw C. H. Capes. .Mr !Norris said to Capes: "I thought you told me the other day you were not in Auckland?" Capes replied: "I did not tell you that." In reply to questions from the detective. Capes said: "I was in Auckland with "Williamson. We never had a horse destroyed. 1 have taken the advice of a solicitor, and he advised me not to sign anything. 1 do not, own Kaloon. 1 never nominated All Smoke and Welcome Home at Auckland." A tier leaving the shop witness and Mr Norris met Tucker. In answer to questions, Tucker said: "All Smoke is my property. I ran him at the Otahuhu Meeting. Williamson took ltini there and raced him. Williamson did not bring him back. Ho came back three weeks later, and I took him off the boat, I think the Wahine. The horse was consigned to me. I have nothing to do with Look Out. I went .south oil Monday and came back yesterday. I came back because of the trouble with Look Out. I thought if I was hanging about Dunedin 1 might be blamed. I did not give a message to young Hulston to tell my wife I had" gone to Kaikoura. I nominated a horse called Wild Moa with All Smoke. I never heard of' Welcome Home. Hulston told my wife to say I had gone to Kaikoura. I stayed at the Terminus Hotel, Dunedin. 1 won't sign this statement." Detective Gibson went on to say that later Tucker came to the police station with another man and said he had brought the man to provo that tho horse seized was All Smoke. Witness told Tucker he was satisfied that the horse was All Smoke. The second man was Mr Deyereux, a printer in Christclvurch. The*horse identified by the witnesses lvelsey, Wilson, Pees, and Jones as All Smoke was the horse witness took from McDonald. The horse was not lame when seized by witness.

More Handwriting. William Henry Larcombe, clerk in the New Zealand Trotting Association's office, said that the records showed that All Smoke was purchased by Tucker on October 26th, 1923. Previously he was owned by George King, Washdyke. The horso had started and been unplaced only once in the years li) 2], 1922, and, 1923. The nomination for the Otahuhu Meeting was in the handwriting of C. H. Capes. With Mr Norris, witness interviewed Capes on January 7th. Capes was asked if he went to Auckland, and he said "No." .Mr A. T. Donnelly said that that closed the evidence.

Accused reserved their defence, and were committed for trial at tho next sittings of the Supreme Court, Christchurch. Capes and Williamson were granted bail in their own recognisances of £2OO, and Tucker for a similar amount, with the condition that ho reported to the police at a time and place to be arranged.