MALICIOUS KILLING

Evening Post, Issue 52, 2 March 1935, Page 9

MALICIOUS KILLING

DEATH OF RACEHORSE

A COURT FINDING

(Received March 2, 11 a.m.) BRISBANE, This Day. The hearing in Court of the dispute I concerning the ownership of the racehorse Ferniemount was continued in the Supreme Court. • Mr. Justice Macßossan found that the horse Was the property of Sydney Byers. It was further found that Frank Morris wilfully and maliciously destroyed the horse. Morris's claim for ownership was dismissed with costs. Judge Macßossan said that if what he read in the newspapers regarding the shooting of the horse was correct, it might be well for the Court to consider whether there had been "gross contempt of Court," but that was, not being dealt with at present. A Brisbane cablegram published yesterday stated: "Two racehorses, Ferniemount and Fox Movietone, were shot dead in sensational circumstances in their stables. A man called on the trainer, G. Sullivan, and, in response to his request, was shown the horses. The man drew a revolver and shot both animals in the head. Ferniemount was the idol of Albion Park racegoers, and interest in tlie colt had been heightened during the last few months by litigation, which prevented him racing. The litigation arose from an application by Frank Morris, a bookmaker, in whose name the horse raced, for an injunction to restrain Sydney Byers and G. Sullivan (trainer) from racing Ferniemount. The application was recently before the Court and was adjourned until today. Morris, in outlining what he considered to be his position with respect to thehorse, said it broke his heart that a great horse like Ferniemount should, be shot. 'Everybody who knows me will understand my position.'" .