LATE SPORTING.

Hawke's Bay Tribune, Volume IX, Issue 145, 5 June 1919, Page 6

LATE SPORTING.

THE DERBY. AVON BY GRAND PARADE (Received 5. 10.35 a.m.) London. June 4. The Derbv resulted: Grand Parade 1. Buchan 2, Paper Money 3. A GREAT DAY S RACING. (Received 5. 2.10 p.m.) London. June 4. There was a record crowd at the Derby. Hundreds of Australian and New Zealand soldiers motored to the course. The Royal party travelled by train and drove from Epsom, They had a cordial reception, and cheers were renewed an hour later when Viceroy won. Light showers at mid-day tended So make the dry ground treacherous, but the rain did not spoil the comfort cf spectators. Panther remained a strong favourite. There was an enthusiastic demon stration when the King’s horse Viceroy. woi> the Stewards’ Handicap with Donoghue riding 9.4. There were nine other runners. This is the first time the King has attended a ra-oe or entered a horse since the start of the war. Panther’s restlessness delayed the start and he got away badly and was never prominent. AUCKLAND WINTER MEETING Auckland, June 5. For the third day of the A.R.U. winter meeting there is splendid weather and a large attendance. Tne course is good. Results: — Tamaki steeplechase.— Ulster 1. No Surrender 2, Jacaranda 3. Ser : Bore, Yellow and White. Won by 21 lengths. Time, 5.3. Orakei Hurdles.— Benzine 1, Lochella 2, Signature 3. Scr: Swastika. Won by a, length. Time, 3.22. I York Welter.-- Alteration 1, Meit- I ehikoff 2, Paddington Green 3. All • started. Won by half a length, i Time, 1.-13 1-3. | DUNEDIN WINTER. MEETING I Dunedin, June 3 I

The weather is Lv.utiful f>r the second day of the D.J.i . winter , meeting. Results: j Silverstream Handicap.— Braid 1, 1 Glenshine 2, Mirza 3. Ser: Black Mountain. Won bv a neck. Tune 1.31 3-3. i Provincial Handicap.— Samiel 1, | Burrangong 2, Elens 3. Scr: Cave-! ro<4k. Won. by a length and’ a quarHurdles.—Jeannot I, Naupata 2, C-alnra 3. All started. Won by a ’

lengtih. Time, 3.54 4-5. V airongoa Handicap.—Redshire I. Borodino 2, Kihneedy 3. Scratch ed : Bilair and Killoney. Won by a nose. Time 1.16 1-5. ’ Wingatiu Steeplechase.—Silverspir - L Kaupnkonui 2. Pallauion 3. Scratched: Moon.: mho. \\ on by four lengths. Time 5.42. bALE OF MARIE TEMPEST. MIS RE PR ESENTATION SOT . PROVED.

Christchurch, June 4. An interesting ease eonceruing tue sale oi the ironing niiy Marie Tempest occupied the attention oi Mr. Justice Herriman in tne Supreme Court. The plaintiff was Elizabeth Craw, wite oi

George Craw, Linton, near Palmerston Norin, ami the detenUant. ben Jordan, trotting horse trainer, ot Cnnstcnureli. Mr. A. F. H right appeared lor the plaintiff and Mr. F. J. Gresson tor the defendant. It was claimed on behalt oi tne plaintiff that about January 1, 1919, defendant fraudulently represented that Marie Tempest was eligible to start in tne New Brighton Trotting Derby, that the representation was made with the view to inducing plaintiff to purchase the filly as it was oi little or no value unless it was entered for the Derby. The price agreed upon was £4OO with an addi-

tional £“uU out ot the filly’s first winnings, and plaintiff paid a deposit ot £IUJ and gave three post-dated cheques for £iuu each for the balance. It was alleged that plaintiff would not have agreed to tue purchase but imine representations stated. But -Marie Tempest was not eligible for the Derby and had never been entered for it and the defendant knew tnat it was impossible ac that time to enter her. therefore tlie plaintiff asked for recession or the agreement lor saio and purchase and for tho return ot the deposit with interest and the post-dated

j cheques. | The defence filed was a general denial of the allegations made. “As a iurtii.cr defence it was claimed that- it tlie re- , presentations alleged were made they 1 were made in good laith and after ' proper enquiry, and also that the plainI tiff purchased the hlly in her own i judgment and after due examination. Ins Lonour in giving judgment 'stated that before ho could bold that fraud was commuted evidence ol' tno most convincing character must be tendered. It was not enough lor him to have a suspicion only. ht> was nut satisfied that tne evidence ot Mr. and Mrs. Craw was sufficient to warrant him in coming to the conclusion that Jordan attempted to defraud them, in this case it was either fraud or nothing. There could be no suggestion or innocent misrepresentation. Judgment' would be given for the defendant with: costs.