OWNERSHIP DISPUTE

Evening Post, Volume CXXII, Issue 14, 16 July 1936, Page 14

OWNERSHIP DISPUTE

QUEEN OF SONG

CASE STILL PROCEEDING

W3y Telegraph.—X'l-ess Association.) DUNEDIN, July 15. The proceedings brought by Marion Home Carlisle Eieale against Edwin Hide, farmer, of Seadown, and Patrick Thomas Hogan, horse trainer, of Washdyke, with- respect to the successful racehorse Queen of Song were continued in the Supreme Court before Mr. ■ Justice • Kennedy today. ■ When the. Court adjourned until tomorrow morning, the case was still unfinished. Leslie Gerald Hill, secretary of the Dunedin Jockey Club, in answer to Mr A. T. Donnelly, (counsel for Hogan) said that in his opinion if a leased horse were returned by the lessee the lease could in the absence of a contrary arrangement be regarded as cancelled.

Referring to the cost.of training and racing a horse, witness said it had been estimated by an expert at about £6 a week. -...'. f

Frederick Shaw, horse" trainer,' of Wingatui, said he>.went to Hide's place at Seadown with Rex. Beale.to-.see Queen of Song, which was being grazed there. Witness thought the mare was all right, and neither Hide nor Hogari disputed it. Neither-- mentioned that Beale no. longer had any, interest in the horse. Witness discussed an option with the Beales, arid he felt there was no reason why he should not have trained it as well as Hogan. It was not hard to train a good horse if one had a little common sense. The witness detailed a transaction between a man named Tw'eedie. and Beale, in which Tweedie paid. £190 for Queen of Song and later asked for and received his cheque back. Witness woold value the mare at 1000 guineas today as a racehorse, and he considered that she would also be valuable as a brood mare.

In reply to Mr. Donnelly, the wit- ; npss said. he considered a lease ran j until it expired, but he did not know o'if any other case in which a horse was i-eturned by the lessee and the lease Mill continued. 'He thought that the .'training and racing of a horse ifor a 'year would cost about £750. Mr. Donnelly: What woiild.it cost to train and race a horse in Otago and Canterbury only?— About £550. ' evidence for Defence. Mr. C/S.) Thomas (for Hide) briefly addressed the Court oh behalf of the defendants, and outlined the evidence that would be called in their behalf, j

Thomas Edwin Hide, one of the defendants, said he started a stud in 1931 with the purchase of five mares, and { shortly after the foaling Beale asked witness to'give him the first refusal of the first horse out of any of these mares. Witness promised to do so. j Later Beale took the mare and then said she had gone lame, and he could not go on with it. He asked witness to take her * back home. Witness agreed to that, and Beale sent the mare back, paying: freight, • and also forwarding with' Her the cover and headstalL Witness considered that the mare was suffering from the results of overwork due to too much training on hard tracks. Once this. founder-' ing occurred the mare would;never be the same again.; Some time later Beale wrote to witness saying he wanted to see witness about. Queea of Song's half-sister. Rex Beale and Shaw came out to see witness and inspected the horses before they met witness. Shaw said he had come to see Queen of Song and suggested certain treatment. The pair left witness's place, and a few days later witness wrote: to Beale saying that he would not lease any more horses. He did not think then that there was any chance of Beale buying.! Witness thought that Beale was inquiring for a renewal of the lease when he telegraphed in July, and he did not hear from-the-Beaies again until August 2, when he received a cheque for £150 and Beale's telegram. Oh the same day witness advised the Racing Conference that his leased, horses had been returned to-him. At the time he thought that the option over Queen of Song expired, when the other leases expired. On hearing from the Racing Conference that the mare had gone back into his name, witness thought he had a right to sell, arid he immediately tried to do so. He first asked Hogan to sell for him, explaining that Beale's cheque had come too late; He put a price of 300 guineas on: the mare, I Hogan to get the shillings and himself 1 the pounds. Witness saw Pankhurst on September 3 and the mare was ac- ! tually sold just prior to that. Hogan wanted to buy the horse himself, and witness asked for £225. Hogan said he would buy if he could get the money. Later, while witness was away, Hogan arrived and paid £225 to witness's son and took the mare away. The same night witness went to Hogan's place and signed both receipt and transfer. From 'April until September 3 the mare had never left his property, and witness now. had no interest either direct or indirect in the mare. From August, 1935, to January, 1936, witness heard nothing from the Beales in furtherance of . their claim. •••.-.

Cross-examined by Mr..Solomon (for plaintiff), the witness" denied that he refrained from communicating with Beale when asked by him to do so be-: cause he wanted to avoid exercise of' the option. He regarded the return] of the mare ascancellationof the lease." With regard to the sale to Hogan, witness could not recall who had written out the transfer, but he wrote out the receipt himself. The receipt was written out first and notification to the Racing Conference was written later. Mr. Solomon: When you ; were looking for a buyer for Queen of Song, why did you hot go to the Beales?

Witness: Because I had. already refused them. ' '

At this stage the adjournment was taken. ■