"ALL SMOKE."

Press, Volume LX, Issue 18072, 14 May 1924, Page 12

"ALL SMOKE."

TROTTING CASES OPENED. INTERESTING CROSSEXAMINATION. Tie Christchurcli Supr- mo Court,yes-t-T'iay s-'jggcstcd more a popular house of entertainment, the «ron<*ourse assembled outside bo--1'on; the riuors opened indicating a of more th.'.n (Missing interest. In keeping with the occasion thero was a tonsoly dramatic atmosphere pervading, and the übiquitous Press photographer hovered around. 'l'ho public gallery ka-s well-tilled while in the body of the Court were a largo number of men intimately connected with the trotting sport. The casu was» tho first or" the three trotting oases ■which have aroused much public interest, and is generally known ai tJ'-e All Smoke case. It v.as decided by the Crown U> keep tho jury m custody, und when the Court, a.Jjourned tha members of the jury were debating, amongst themselves which picture show they would attend in »he evening.

William Williamson, Alfred Tucker, and Charles- Hopwood Capes "were charged as follons: — O) On the 17th day of November, 3923, at Christcliun-ii, did conspire amongst themselves l>y fraudulent means to defraud the OtaJiuhu Trotting Club. CJ) On the J7th day of November, TSi'3, at CThristchurch, did oonspiro amongst themselves to commit a crime punishablo hy threo years' imprisonment with hard labour, to wit, tho <riroe of obtaining money from the Otnhuhu Trotting Club, with intent to defraud by a false pretonco by representing. a trotting horso unknown. (3) On the 21st day of November, 1923, at Auckland, with intent to defraud, did attempt to obtain of and from the Otahtihu Trotting Club tho Bum of £175 by me4ins of a certain falsa pretence by representing a horse unknown to bo the trotting horso All fc'inoke. (4) On tho 21th day of November, 1923,- at Auckland, with intent to defraud, did attempt to obtain of and from the Otalsuhu Trotting Club the sum of £175, by means of a certain false pretence, by representing «i horse unknown to he the trotting horso "All Smoke. Accused pleaded not guilty. Mr Justice Adams was on the Bench. Mr A. T. Donnelly appeared for the Crown, Mr. A. C. Hanlon for Williamson and Capes, and Mr C. S. Thomas for Tucker. Empanelling •Hio jury was a somewhat lengthy proceeding, seven jurors being ordered to stand aside by tho Crown Prosecutor, and six being challonged by' counsel, before tho twelve places were filled in the jurybox. , Crown Prosecutor's Address. In addressing the jury, Mr Donnelly said the three' accused were arraigned on the charge of what was generally known .aß.ringing-in a .racehorse. He described the occupations of the three accused. Williamson was a horso trainer, Capes a retail fruiterer, and Tucker an Employee of Capes. Continuing, Mr Donnelly said that the charges were connected with the sport of trotting, which had become one of the most popular pastimes of tho people. The..case had been discussed, freely, and. had been given a largo measure of publicity in the newspapers. Through the medium of tlfe papers the public had gained a rough-and-ready idea of the merits or demerits of the eases.', He asked the jurojfs to dismiss any ideas they might have, hold previously completely from their minds. They Were s tSo judges of the^ac'dus'ed, and must be guided only by the evidence laid before them. It was the, duty of the jury to sit in calm judg> ment, and it would be a defeat of the ends of justice if the notoriety of tho crfse prejudiced the accused on their trial. The evidence was purely circumstantial, but tho Crown woQld show conclusively that tho acts and circumstances were planned by accused. There wag no glamour or romance in ringing-in a racehorse. It was a mean and disreputable fraud, inflicted on the other competitors, the public, and tha honest citizens of the country. The general publio had made trotting a popular sport, and apart from the moral side of the sport, that of gambling, it was certain that* many people gained a large measure of pleasure from trotting. Tew gambled beyond their means, and though the majority of people went to thjj races in the hope of making money, but generally sustained a loss, they were good citizens, and it was these people who had been defrauded by accused.

New Evidence. Mt Donnelly then gave tho jury a very comprehensive and lucid resume of the evidence taken in the' Lower Court, which was published in "The Presa" of March 6th. The only fresh ground broken by Mr Donnelly was his mention of a statement made recently by D. Bennett, the driver of All Smoke in Auckland- Bennett had confessed to having been engaged by Capes in Christehurch to drive All Smoke in Auckland, and later received his steamer ticket and US expenses from Tucker in Capea's shop. " This statement from Bennett was different from tho evidence he had given at tho Magistrate's Court. Then he had said that he had' been asked to drive All Smoke on tKo racecourse in Auckland just shortly before the race. Since giving that evidence he had consulted his solicitor, and be had decided to alter his evidence'. He did not know what liorso he was to drive in Auckland, but Capes had told him it was a good Bort that had been saved specially. Capes would not divulge the name, as ho wanted to get a good dividend. After j the Otahuhu meeting Bennett, in his latest statement, said that ho saw Capes, who told him that All Suioko was very sore, and was in Kelsey's paddock. Later on, Bennett saw Capes, Williamson, and Tucker, in Capes ? s shop, and Tucker said that AH Smoko had been destroyed in Auckland. Bennett .made some complaint, but Tucker said that it would bo all right. Capes told him to say, if questioned, that tho drivitog engagement had been mado in Auckland. Again, later, when the police were making enquiries, Capes met Bennptt on the street, and asked him to stick to his story. Mr Donnelly said Bennott was a timid, stupid, individual, , although possibly a good driver, and beeause of his stupidity ho wa* a good tool for accused. Iji conclusion Mr Donnelly said that the circumstantial evidence was conclusive; no link was missing. The evidehco for the Crown would bo subjected to ««vere cnti««n ,br counsel for the defence, but 0 f the horso wiskA to the Court was • piece of Human

testimony might bo untruthful, biased, or exaggerated, but the hide in the Court could not lie. It was the hid© of the horse which raced as All Smoke in Auckland, while the real All Smoke was alive and well in the yard of tho Court at the present time.'

Otahuhu Club's Secretary. "Robert Leslie Absolum, sec re tar*- or the Otahuhu Trotting Club, gave evidence of the holding of the postponed spring meeting on November 21st and 24th, 1923. He stated that All Smoke was nominated for the Innovation Handicap on the first day and Introductory Handicap on the second day. The first nomination was in a telegram signed McDonald. The nomination form foilcwed by post containing the following infocmatjion :—A. Tucker, owner, and JMcDonald, trainer. All Smoke il>eing described as ;>n asred trotter by Jingle from Palm B"ll. Wild Moa was coupled with All Smoke on the nomination form,-McDonald beina described as the owner and trainer. The form was signed A. Tucker, OS Martin avenue, Christchurch, and J. McDonald. 28 Flock ton street. Christchurch. Wild Moa was scratched for the Introductory Handicap bv a person sijrning J. McDonald, per C. Shaw, on November Itjth at 11.45 a.m. The Introductory Handicap was won by Lord Tii!>erts from 4S yards Ivehind scratch, All Smoke on the limit l>einc second. The dividend on All Smoke was £1 Bs, 752b tickets having been invested on his chance out of a total of 4986. If there were more starters in a race than the totalisator would accommodate, a ballot of the horses would bo taken for bracketing. If horses were trained together it -would be a natural bracket, as was the case of All Smoke and Wild Moa. They would not go into the ballot. In the Innovation Handicap All Smoke started from 108 yards l>eliind scratch. It was a saddle race and All Smoke was ridden by W. Williamson. The losing fee payable to Williamson was £3. In the first race All Smoke trotted th© mile and a half in 3m 4o 2-ss. The second money due to Tucker, and Williamson's riding fee, were still held by the club. On December 7th witness received a telegram from Tucker asking for the •takemoney. Witness did not reply and the next day Tucker telegraphed again. Witness then replied stating that the stakes were withheld pending investigation of the destruction of .All Smoke without notification. Tucker sent another telegram stating that he could not understand witness. There was no further correspondence. Williamson had also written asking why his riding feo had been withheld. A man must notify the Trotting Association after destroying a horse. Both races were worth £175 to the winner.

Here Mr Thomas asked that the Judge request all witnesses to leave the Court. , His Honour directed accordingly. Officials: Honorary and Stipendiary. : To Mr Hanlon witness said that the particulars in tho race book were taken from the nomination form. Every steward was provided with, a racebook, and there were stipendiary stewards. Two were present at the meeting. The duties of the birdcage steward were to inspect the horses before the race andi afterwards. The birdcage steward on the first day was Mr John Wilson, but he had been relieved later by -Mr Wells. The stipendiary stewards were Messrs T. H, Davey and A. Mabee. They were paid by the Trotting Conference. All Smoke was described in the racebook as a bay gelding, but) the nomination form showed him as a black eelding. Mr Hanlori: Did the stipendiary stewards, these paid gentlemen who looK after trotting,viiotice that?— No. iDo you mean to Bay that they did not notice -that P—-No. You seriously tell the jury that no one noticed that a black horse was riinning when it was described as a hay P —No. It was probably a printer s ewor, and it was the same in both books. • . ; : V.-

;• , said to Mr Hanlon that n6c always'were' the ' horses' inspected by the stipendiary stewards after a race . . v . > ; Mr Hanlon: Isn't it the custom for them to inspect the horsesP—N o Mr Hanlon: Not at Otahnhu?

Some little'time after the races, were over witness, with some of the stewards made -enquiries^He went to the boil-ing-down works with Inspector Culien, but they,did not think to enquire for the racing shoes. They were told, the hide was in" the tannery. He was told! by John Brownlee, foreman of the, works, that the hide of the horse that had raced as All - Bmoke was at the tannery. \lt was amongst some -otherhides'and it was taken out and spread out on the floor. It was then wet and salted, and quite intact. .He left the hide at the tannery and next day was called by telephone as it was considered there was something suspicious about it.. He Would not swear the hide in Court was the skin, but he thought iS was* He was not present When the hide was taken, or when thepieces were taken out for analysis. He deceived! a report from the Government analyst, who said it was not -a dyed hide. To Mr Thomas witness said that he was not certain whether he sent a receipt to Tucker or McDonald for the nomination fees.

To Mr Donnelly: No one knowing the district would go by the Panmure road to Austin's Boiling-down Works. If_ they did .not know . the way they might go by the Panmure road or Great South road. , The Great South road was by far the busier road, and people with anything to hide would gp by the Panmure road. Inspector Cullen and witness took a pieoe of the hide and sent it to the Government Analyst at Ponsonby, who said there was no trace of dye. He sent his report to the N.Z. Trotting Association. When he waa looking at the hide he had no doubt that it was that of the horse who had raced as All Smoke. A Railwayman's Evidence. Allan Hoy McKae, clerk .at the Otar huliu railway station, said that on November lath at 8 p.m. two U.G.'s apd one G. waggon arrived at the ,-tion. The "G" waggon number 219 [ was consigned to Williamson, and contained two horses and one suiky. The two U.G. waggons, Nos. 63 and 21 were consigned to J. Bryce Und contained seven horses and two sulkies. The contents of the waggons were signed for by W. Wimams™, and J Bryqe respectively He produced a consignment note for waggon 219 signed W. llliamson, Christchurch, and handed m at Thorndon. The consignment note signed "J- Bryce, Horabv, for the two ottier waggons was alao produced by witness. On Novem ber26th a trotting sulky was consigned to J. Hardwick, Wellington, by C H Capes, Criterion Hotel, Otahuhu,'the consignment note being produced. On December 14th a horse was consigned from Auckland to A. Tucker, Christchurch, care of J. Hardwick, Wellington, by C. Capes, Waitemata Hotel. Auckland. Since November 13th, there was no record of tho consignment of a I horse from Otahuhu to Wellington by either Capes or Williamson. The Otahuhu station was nine miles from the Auckland station. Cross-examined by Mr Hanlon. witness said it was cheaper relatively to send two horses together than one horse, if the consignor and consignee were tho same. A horse was killed at the Mangero crossing on November 15th. He understood from the correspondence of the Department, it was a blact mare owned by Charles Hammond. Arrival of "KalooxL" Ralph Fairley, a etablo-hund employed by William Kelsey, said that on November 13th ho was instructed by his employer to go to the Otahuhu star tion and get a trotting horse called Bluewood. When he arrived at the station two "U.G.V and a "G" waggon were being shunted into position.

The two young Bryces were present, and he helped them to unload. "VViiliamson then came along, and ho said ho- had Blnewood for Kelsey's boy. Witness received Bluewood from a "G" waggon. There was another horse alongside him, but witness did not know what it was. Williamson did not say anything about the other horse, but when questioned he told witness it was Kaloon. Williamson told witness he was going to stay at Otahuhu. To Mr Hanlon: Witness said he knew Kelsey's paddock. He did not take much notice of the horses in the paddock, but he saw two black horses with covers on them, some time prior to Christmas.

Questioned by Mr Thomas, witness said Kelsey's paddock was four or fiv« miles from Otahuhu. The evidence of John Nicholson, licensee of the Criterion Hotel, Otahuhu. was read in Court, witness heine too ill to travel. In his evidence he 6aid 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 Inose-box. He had not seen the men l>ei'ore or since that time. They left the hotel on November '26 th. There had not been much conversation with the men, as he did not know anything about racing. The men took the horse to the races. Witness missed the first race on the first dny, but did not hear the men discuss any particular race. He saw the horse after each day and before it lefh the house. The horse was lame after the second day on the right front leg. The Birdcage Steward. John Wilson, manager of the Otahuhu gasworks and steward of the Otahuhu Trotting Club, said lie knew the Criterion Hotel, and saw a black horse there in November. The horse was about 15.3 hands high, and it seemed strange to him that the horse had a brown muzzle and brown hairs round the eyes. He saw Williamson, and Capes, who were staying at'the hotel. He saw the horse in the paddock, in the_ yard, or coming back from the training track. On the day the meeting was supposed to have been opened, November 17th, he saw the horse coming back from the track. Between the 17th and 21st ho saw the horse round about the hotel. On November 21st he was birdcage steward when tho Introductory Handicap was run. He saw the horse, from the hotel, which on the card was called All Smoke. He was also present when the Innovation Handicap was run on the second day. Williamson rcrle him that day, but the horse broke down in the off fore-leg, and his rider dismounted and led him back to the birdcage. On November 26th he saw Capes and Williamson in the yard of" the hotel with a sulky and some goar, but there was no sign of a horse. The horse that he saw in the courtyard in Christchurch was not the horse that raced in Auckland. His duties as birdcage steward were to inspect the horses, and the placed horses after the race. He was on duty on the first day, and on the second day after tho first race he was asked by the club 'a president to undertake the duties of track, steward. He was so engaged for the rest of the second day. He had not been removed ftom his job of birdcage steward'because he had been drinking. Presenting the race book to witness, Mr Donnelly asked why tho horse should be described as fi "b g" instead of a "'blk g." Witness said it ,was a printer's error, but it was his job only to check tho colours of the drivers or . 'riders. • ,

Spirited Cross-examination. Cross-examined by Mr Hanlon, witness said it was not correct to say that he had been drinking. Mr Hanlon: The previous witness has been talking to you at lunch time, and you, came'prepared. That is .why' you answer the question so glibly. , v c Witness: Yes, he spoketo-'me. : Mr Hanlon: You saw' the brown hairs on the horse, and to whom did you report it? , You would at once become "suspicious? Witness: .1 did not, Mr Hanlon: Why not? Witness: I didn't know it was a ring-ini • v ; •-

■Mr Hanlon: ■ Did you not think it worth your while to report-it to the .stipendiary stewards? Witness: I did' not thinly it was my duty: ;" Mr Hanlon: What are you there for? vWitnpss: Just to see that the saddlecloths and colours .arc - correct. • .*. Mr Hanlon: Did you see the horse when he came in after running second? Witness: There is not much time to look. It is all bustle to get the horses out and the others in for the next race. Mr Hanlon: There must he a lot of bustle in Auckland. Did you notice the printer's error in the second day's book? Witness: No. Mr Hanlon: You were interested? You saw all the brown hairs and brown muzzle? ' Witness: Yes. Mr Hanlon: He was a funny-looking thing, yet you did not report the matter? Witness: Two stipendiary stewards were present, and they should, see everything. Mr Hanlon asked if it was not the duty of a birdcage steward to report that a horsg was tender to the stipendiary stewards. ' Witness: No, it was not my duty. Mr Hanlon: As a steward, was it not your duty to take some action when you saw a horse was very tender?. Witness: When tender horses are warmed up they are often all right. • Mr Hanlon: Did you watch this horse to see if he improved? Witness: No. Mr Hanlon: Did he make a showing m the race?

Witness: He was going fairly well until tho time he broke down. Mr Hanlon toldi witness that this last was not in accordance with his evidence in the lower Court, when witness said the horse made no showing. Further cross-examined by counsel, witness became confused and said "he didn't know.''

Unfinished Enquiries. Continuing, witness said that the secretary of the club had asked liim to make enquiriee, as he lived .it Oiahuhu. He saw Inspector Cuilen. He also saw a chemist and asked if anything had been bought for dyeing purposes. The chemist had sold some black dye. Witness did not mention the matter to anybody, and nothing more was done. He did not go about the horseshoes, and he didi not think to make any enquiries. Mr Donnelly asked if anybody had seen witnes 8 since the" hearing in. the lower Court. Witness: No. An Observant Witness, John William Pees, a gas comoany employee at Otaliuhu, E aid tbnt on November 14th he saw two men with a black horse which was ruccsd. The bcing , led b y Williamson, w« PhwJl WaS alo "S»ido. The horse was a black. a s much as could bo teen. 30} November 14th and 17th he saw the horse and accused at various times On thel7th he saw tho "orse going towards the track. On November 21st he saw the horse run second. Ihe horse was bandaged on both foienA Kal , n between November 2ist and 24th he saw the liorso tcvtral times. On the 24th he saw the horse break down in the Innovation Handicap after running well to tho mil© post. He had broken down in the ofMorclee and was led back to the paddock by Williamson. On November '26 th he saw accused with the horse in tho Panmure road, going towards Pan more. They could reach the boiiing-down worki that way by aoven different branch

roads. The horse ra then on three legs. Since the last Court proceedings he had seen Cape 3 in Otahuliu.on two different occasions. Capes a<ke.i liim where a man named Hammond lived. The horse in the Courtyard was not the horse who raced as All Sraoke. To Mr Thomas witness said that the two men were close to the Tt;;t-el in the Panmure road when he saw them.

At the Works. John Brownlee, clerk at Austin's boiling-down works at Tepapa, Auckland, said that on November UGtii he took in a horse at the works at about 10.30 a.m. There w'ere a number of 1 streets by which one could reach the ' Great South road from the Panmure road. , It would not make a great deal j,of difference in the distance to the 1 works from the hotel if or.e went t through one of tho streets instead of [direct by the Great South road. He [ first saw two men leading a lame Lone 1 which was covered with a rug. The horse was black. He first spoKe to Williamson., who told witness he had a horse to be destroyed. He told Williamson that the horse could not bo destroyed that day. Witness asked what had happened to the horse, and Williamson said that the horse had broken down on several occasions, and now had broken a fetlock. The stun of 10s wag to be paid for the horse. Williamson asked what were the meahs of killing, and witness replied: 'Shooting." Witness told William-son that i the horse would be destroyed as soon as possible. The men asked lor a short-cut to Otahuhu on leaving. Witness did not know the name of the horse. The horse was running out in the paddock for several days, ;n fact, to December Ist. The horse was lame in the fetlock of the off forcbg, which was very much swollen. He yetted the leg when standing. The fact that the horse had a bay muzzle struck- witness as peculiar, and also that he had a bay circle round the eyes. Ib ,iould attract attention. Tho coat was a shiny black in tho ordinary way, bvfb one morning the horse had been rolling, and the bay hair was showing underneath. Further examination showed that the horse was very bay underneath. Iri the ordinary way it was black enough, but yuffled, the bay hairs showed distinctly. No horse was killed at the works within several days. The hide was taken to Sutherland's tannery, and handed to William Nelson. The v witness said that the works had a distinctive way of skinning the hide, taking off the hide on the cheeks. The hide in Court had this characteristic. The bare patch on the hide was caused by- the hair being worn off when the carcase was drawn along the concrete after, the horse was shot. The hide in Court w% the identical hide, find witness pointed out, that bare spot. Witness demonstrated to the jury how when the hair on the hide was ruffled, it showed the brown hairs underneath. Cross-Examination.

! Cross-examined by Mr Hanlon, witness said he first found out that "Williamson was the man who brought the horse to the works at the lower Court proceedings. He identified him in the Courthouse from amongßt several other men. He had no doubt about the man whatever. There were cattle killed, but no other horses about the time the horse was killed. He verified this by his books. He saw the Horse killed and skinned, and he took the hide practically immediately to the tannery. He next saw the hide some weeks after at the .tannery, being dried. Usually the hides were stacked in layers for salting.. The skin in the Court was certainly the hide of thehhorsye y killed at : the works. Mr Hanlon aßked witness to shpvr the brown patch round the eyes on the strip's from the cheek. Witness said that the skin had not been taken off right up to the eye, and there was not enough hide left to show the brown of the muzzle. . The shoes came off in yie process of boiling down, 'arid these were sold periodically to blackdndths. ' No search was; made for, tracing plates amongst the'ahoes a,t the: works as far as witness knew. A number of horses were boiled i down ground about that time, all being brought in dead, The horse did not seem to'be recovering from it* lameness prior to its being destroyed. On the morning of its destruction Mr Austin examined tlie horse and decided it vas .no use keeping the animal alive. / To Mf Donnelly, he said that when Williamson spoke to him at the works he spoke with a Scottish ' accent.

Further Evidence Concerning the Hide. ;v :' •William Nelson, foreman fellmonger at. Sutherland's tannery, Onehunga, said that on December Ist he received a 1 black horse-hide from Brownlee, in addition to four cowhides. The hide was off a freshly-killed beast. He examined the hide and noticed it was a peculiar colour, showing dark at the tips, but when the hair was parted it showed brown at the base. .This was much more noticeable on : the belly, where there was much more brown. It seemed unnatural, and suggested, dye or stains. Witness retained the hide until he handed it to Detective Knight. He had never seen a horse-hide like this particular one before, the colour being unique.' The hide in Court was examined by witness and declared to be the one brought by Brownlee to the works. He cut a piece out of the middle of the hide and gave it to Inspector Cullen./ On December 4th, Messrs Absolum and Cullen came to\ witness and a day or two later they came again, and it was then he gave tljem a sample. Witness was directed by his manager to keep the hide under lock and key until he handed it over to the police. The treatment to the hide would not affect the colour, an£ it had not been tanned, only dry salted. Cross-questioned by Mr Hanlon, witness said he was certain that the hide in the Court waß the one he had held at his works. To Mr Donnelly, witness said there was no other boiling-down works as a client of the tannery except Austin's. They were the only clients of the type. At this stage tho Court was adjourned until 10.15 a.m.