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A Racing Case., Issue 7975, 2 August 1889
A Racing Case.
At the Resident Magistrate’s Court, Christchurch, on Tuesday, before Mr 11. Beetham.R.M., Henry Piper, of Christchurch, racehorse trainer, sued Charles Hood Williams, of Christrhurch, racehorse owner, “for tl e sum of L2J, beirg 1) per cent, upon L r >9(>, the net winnings ot the defendant in the Dunedin Cup of 18S0, the amount claimed being the balance duo by the defendant to the plaintiff’as trainer for tire defendant.” Henry Piper deposed that he had been in the employment of tire defendant as trainer for neatly two years, up till April last, His remuneration Avas to be at the rate of L2 2; per week for each horse, Avith travelling expenses added, and 5 per cent, commission on the net winnings of the horses. He trained Sultan, which belonged to defendant, and Avhieh Avon the Dunedin Cup of ISSD. Defendant’s horses Avon various races. There were always settlements about these on accounts compiled by defendant (produced). Plaintiff always received his 5 per cent, commission. Defendant, according to the newspapers, Avas paid LSGO ns Sultan’s winnings at Dunedin. Mr Nalder; The gross amount paid to Mr Williams Avas L5Ol-. The expenses were L 142, leaving net winnings of L 422. Examination continued ; Plaintiff trained Sultan for that race, and had not received any commission on the winnings. Cross-examined: The percentage Avas always left to Mr Williams to adjust. It Avas sometimes more than a per cent. ; perhaps up to 10 per cent. On December J defendant netted LI Iff on the St. Andrew’s Handicap, and paid plaintiff LI a. Defendant also netted LI2S in Wellington, and paid plaintiff Ll2. Defendant on these occasions gaA’o plaintiff a present besides the stipulated percentage. When Sultan was being led out by plaintiff for the Dunedin Cup race White (the jockey) was on his back. Defendant came up and asked hoAV he was. Plaintiff’ replied that he was nice and quiet, and he (plaintiff) thought the horse would Avin. He added that he had got L 5 Dudu to nothing, and asked defendant to put L 5 on Sultan for him in_ the totalisator. Defendant said he had given LGO to nothing to White, and he Avould give plaintiff L4O to nothing about Sultan. The offer was accepted, but plaintiff did notenter the bet. Sultan avou and defendant paid the bet—L2o on the course, and L2O near the hotel—all in notes. This Avas on February 20. Plaintiff saw the cheque produced, dated March 1. He would not swear it was not part of the L4O. Did not keep an account. Was at a horse sale at Taggart’s, Dunedin; defendant did not pay him L2O there. Plaintiff did not ask for his commission in Dunedin ; had plenty of money, and did uot want it, The cheque was not for the balance of commission, it might have been for expenses. White, the jockey, heard the bet made. Had agreed to let this matter go to arbitration. [Mr Nalder produced the agreement for arbitration, but not being sufficiently stamped it Avas not put in evidence.] Defendant paid plaintiff Lls in Dunedin for expenses in addition to the L4O. On March JO, when having a settlement, plaintiff had asked White, the jockey, what were his recollections about the making of the bet. White said he did not take interest enough in what passed to retain recollection of it. Plaintiff attended Wellington races in charge of defendant’s horses. Ho was instructed to Avin the Wellington Cup with Saltan. Ho had some conversation with Cutts, another trainer.
Mr Deacon objected that what took place in Wellington could not affect the present case.
Mr Nalder said that in this case it was simply oath against oath of tlm parties. Anything therefore as to the credibility of the plaintiff was relevant. Cross-examination continued: Plaintiff did not propose to “ cut up ” the Wellington and Dunedin Cup races with Cutts. Cults trained Dudu.
Mr Beetham: What is cutting up ? Mr Nalder: It is an agreement between runners of horses of nearly equal merit to allow' their horses to win each one of two events. Mr Beetham : Selling the public ?
Mr Nalder: Yes,
Cross-examination continued : Cutts told plaintiff he thought one horse could win one race, and the other horse the other; that it was a pity to run them against each other. Plaintiff wrote a letter for Cutts,
embodying his proposition. Plaintiff showed the letter to White, Sultan’s jockey, and he said he would not cave to ride the horse on such terms. Plaintiff remarked that Mr Williams was a fanny man—that he seemed bent on winning the Wellington Cup, and he did not think lie (defendant) would accept the offer. He (plaintiff! then to take out the letter, and replace it by putting a blank piece of paper in the envelope. Finally he threw the letter in the fire. Dudu won the Cup. White, when ho alighted after the race, said Sultan was short of work. Mo did not say “he was well stuffed.” Mr Bcoihaiii: What is “siidling V
M. Tv.;Her explained tlr.'t stuffing was over-feeding the heiae just before a race was
run. Cross-examination continued: The Cup course was about two miles. Dudu won by four or five chains. That was nothing extraordinary. White, when he saw he must lose, pulled up. Next day, in the W.R.C. Handicap, Sultan beat Dudu, though carrying a stone more than on the previous day. Dudu also carried about the same proportion more weight. The distance was not so far. Re-exumined: Could not account for Sultan’s defeat, except that lie was short of work. Plaintiff'did not interfere with the horse in any way. Defendant hail not made any of these insinuations. Plaintiff did not come into Court prepared to meet them. Five pounds on the totalizator on Sultan would have produced about L3S. Plaintiff had only two days’ notice to give up his position. When he asked for his commission defendant said he had given plaintiff L4O in Dunedin, and gave no reason for severance of the connection. Mr Williams had 01,03 given plaintiff a written reference. W. t . Webb, owner and trainer of horses for twenty-live years, stated that L2 2s per week in winter and L 3 3s per week in summer was about the remuneration of a trainer. Owners sometimes put on something to nothing with their trainer. Thomas Quill: Had owned racehorses. He paid weekly wages to his trainer, and commission on winnings. Had laid against his horses with his trainer for the trainer’s benefit.
K. J. Mason, horse-trainer, deposed that ho had been connected Avith racehorses for twenty-tvvo or twenty-three years. It avus usual for owners to lay money to trainers at n short price or to nothing, always in addition to other emoluments.
This was tho plaintiff”-s case. For the defence, Mr Naldcr called
C. Hood Williams, Avho deposed that when Piper was leading Sultan out of the saddling paddock Piper asked defendant Avhcther he should put L 5 in the totalisator on Sultan. Defendant said he knew as much as anyone about the horse ; if the horse Avon ho would give plaintiff L4O. No money Avas put on the totalisator by defendant for plaintiff. There Avas no hot of LIO Defendant paid plaintiff L2O in Taggart’s yard. He did not pay the balance till March 1 in Christchurch, [Entries of these payments produced ; also accounts relating to expenses, also cheque for L2O, dated March 1, etc.] Plaintiff did not then ask for any further payment. On March .‘lO plaintiff mentioned about a L4O bet. The matter Avas then referred to White, the jockey, who said ho did not hoar any conversation about a bet.
Cross-examined : The L4O Avas paid to plaintiff in lieu of the usual commission. Defendant did not lay White EGO to nothing on the race. He had promised a long time before to give White a fee of LGO if he avou the race. The fee Avas paid. Ha l sometimes put money on the totalisator for plaintiff. Defendant had saved a double on the Wellington and Dunedin Cups Avith Hay. Ho had Avon Llls on the Dunedin Cup. Defendant made up his mind to dispense Avith plaintiff’s services about the end of Miwch. Did not hear about the Wellington matter till sometime afterwards. White gave him information about that. White Avas now training defendant’s horse:;. Defendant was not pleased with plain*iff, because he had galloped his horse in Avet ground against orders, and also on account of a statement which appeared in the papers to the effect that plaintiff would not go to Sydney Avith defendant’s horses, He Avas dispensed with for these reasons. Judgment Avas about to he given for the defendant when plaintiff’s solicitor elected to take a nonsuit, Avith costs against him,— 1 Press.’
A Racing Case., Issue 7975, 2 August 1889
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