NEWSPAPER SUED

Evening Post, Volume CXXVIII, Issue 19, 22 July 1939, Page 25

NEWSPAPER SUED

CLAIM BY JOCKEY

UNFAIR COMMENT ALLEGED

(By Telegraph—Press Association.)

DUNEDIN, July 21. Claiming that his credit and repuitation as a professional jockey had suffered by reason of commentary that ' appeared in the "Evening Star" of May 1 on his riding of Foxlove at the South Canterbury Jockey Club's Meeting, George Barclay today brought an action against the "Star" Company, ■seeking £501 as damages. j The case was heard in the Supreme Court before Mr. Justice Smith and a jury. The company's defence to the action was that there was no libel in the reference and that it was fair comment. Mr. G. J. Reed,- Invercargill, appeared for Barclay, the company being re"presented by Mr. A. C. Stephens, with jhim Mr. G. C. Cruickshanks, Inver- ! cargill. WRITER'S COMMENT. The matter to which Barclay took exception was published in the racing notes of the "Star" and was as follows:— "An. unlucky horse at the South Canterbury Jockey Club's Meeting last week was Foxlove to be beaten out of the money each day by the narrowest of margins in exceptionally fast times, which showed him to be a galloper /well above the average and good 1: enough to take his "place in any com- : pany. In the Timaru Cup he was unlucky at the start, through no fault of • i his own or. his rider. This cost him ; several lengths and, when his rider ! decided to make up this lost ground, . he did so on the turn and outside the . big field. Before reaching the turn for home he had run up into third place • and secured a place next the rails for 3 a few strides. Instead of waiting next ; the rails till he got into the straight, l Barclay pulled him out again, and he t made the final bend on the outside of • The Sandwich Man and Spartan. In a 3 few strides Foxlove was in fronts but t when tackled just inside the distance, . he did not have enough left in reserve > to hold off his challengers. He def monstratedl his gameness by'fighting on 1; well, and Settlement just beat him in ■ the last stride for third money. In the ■ Teschemaker Handicap on Saturday, 1 Foxlove jumped out well, and '■ was 1 one of the: leaders on a sharp bend out ■of the; straight. The Sandwich Man and Sword-Stick were setting a. very 3 solid pace out in front, and Foxlove fc was going well next the rails, and about a length and a half behind this pair. Up till reaching the approach to the home turn Barclay had done everything right, then he made the same mistake as in the Cup and went , up on the outside of these two horses s as they made the turn into the straight, instead of waiting next the rails till the straight run home was entered. Again he made his run too soon, and in a blanket finish with heads only between the first four, Foxlove was fourth. There was no disgrace in being beaten in such fast time each day, and, better handled, he could.not have missed winning one of these two races. v After the first day's display it was surprising that a stable apprentice was not put up, as in Saturday's race allowance could ' have been claimed." PLAINTIFF'S CONTENTION, Barclay claimed that this was published "falsely and maliciously." The "Star," he contended,, meant and was understood to mean that he was incompetent and not fit to be trusted or employed to ride Foxlove; that he lost these two races, by improper riding and gross mismanagement of the horse; that he did not conduct himself' properly as a jockey in these races; that he did not handle the horse in a proper or efficient manner; that, but for his riding, Foxlove would have won one or other of the races; that his riding was not worthy of an apprentice. After hearing counsel's addresses, and evidence for the plaintiff by the jockey (Barclay), the part-owner (Albert Cundell), and the trainer (F. W. Ellis), and for the defence by W. Saunders (sports writer, Duhedin "Star"), W. Hayes ("Otago Daily Times"), and Hugh Edward Wilcox (bank manager, Timaru), the Court adjourned till tomorrow morning.