THE QUIBELL CUP.

Marlborough Express, Volume XLIV, Issue 205, 5 September 1910, Page 3

THE QUIBELL CUP.

MR MEEHAN IS AWARDED THE ' TROPHY. " '

A DRAMATIC ENDING

The Quibell Oup. controversy reached rits final stage at the A. and P. meetling on Saturday afternoon, when the committee sat to hear further ieyi«denoe, and to adjudicate on.the ~evidence adduced. After th© ordinary business had been disposed of, the president (Mr H. D, Vavasour) called upon Mr Bell to bring fof ward his -evidence to support the contention that the cup should be awarded to Mrs Renwick.

, Mr R. W. Young, manager for Mrs llenwiek, was allowed to be present , and listen to the evidence and the •consequent discussion. ' Mr Jiell thereupon proceeded to call "his witnesses. ' ; - " '

THE EVIDENCE,

Mr D. Fleming gave evidence. He •<lid not know very much about the -case. After the other entries were in lie went to look after his own sheep, he noticed the sheep that got the prize. He noticed that the sheep Bad horns. This was between eleven .and twelve—before the judging. He -was an exhibitor in the class. He did not notice if it were a shorn sheep. He did not take much notice. He saw -the same sheep after the- judging in -the same pen. This was as far' as he -could judge. He'had known of halfbred ewes with horns. Some time -during the afternoon the sheep were judged. The judge had not started at 10 o'clock. He could not say if ■there were any possibility of sheep "being substituted. He saw the horned 'isheep there before the judging, and he thought it was the same sheep -there after the judging. Mr W. Fleming said that he noticed horny sheep in the pen in the : morning, and the sheep turned out to ""be a wether in the afternon. He did '' .not examine the sheep in the morn- , "ing. He believed it to be the same Sheep. He was not sure that it was j a "wether till it was turned,-up. It was not turned up till after the judging, as far as he knew. To the best of his, belief it was the same «heep that'was disqualified that was in the pen in the morning. He told bo one about it in the morning, as he ■was not sure of its sex. # He was sure it was the same sheep in thie pen in tne afternon. He could not say what time the judgingj -started, or when it finished. . The judge 'did not start at lalf-past one. He was not sure when Il© finished. He saw the sheep turned ' Tip after judging. He would not nave been surprised had it been fourid to be a ewe. Mr James liaidlaw sai,d that be. went into the" pen shortly after the' judge went out, and he saw a horned! sheep there. He cud not .turn it up, but it looked like a wether on top. This was very shortly after the1 judging He did not notice if it were a shorn sheep*' It was not easy to tell at that time of the year: He was satisfied it was the same sheep he saw there the following day. He thought the horns peculiar for a ewe to have. Mr John' McKenzie said that he mad© a remark to Mr James Bell that the sheep had not been properly judged, and the first sheep he set up when he jumped into.the pen was a wether. Before the judging he did not notice the horny sheep. He could not -positively say that the sheep was the same as was in the pen before the .judging. He was .certain, however, that there had been no tampering with the peris. He was certain that the sheep was not "rung

in." Mr Storey said that Mr MoKenzie had written to the Press accusing him <pf saying th*at the sheep wasi "rung in." Ho wanted Mr McKenzie to

retract his statements. Mr Bell" said that this was out of order. He would ask the chairman Id protect the witness. , ; Continuing, Mr McKenzie said that •the whole of the sheep iat tbe Show were in his charge. ±£c had to go round the pens and see that the sheep were fed. He was" satisfied that no sheep were changed from one pen to another. He thought that Mr A, Mowat took the sheep over from the Ixian Company's yards. He thought -that the judging started at 10 o'clock. TbJo particular half-breds might have been judged later, lhey were not judged at 10 o'clock. Mr Meehan's pen arrived about nine o'clock, or a.little later. He was not a steward. ' Mr Mackay: The evidence or the steward in this class showed that shifting of the sheep had been pos- ; sible, and had been done. He objected to the position Mr Bell was taking. He was only a oommitteie-m>an. It was explained to Mr Mackay' that Mr Bell was adducing evidence at the request of the committee. Mr McKenzie said that Mr Mowat was his assistant on the Show Ground, and he sent Mr Mowat to help Mr Meeluan. He knew that Mr Meehan had plenty of sheep in the yard^to fill his entries.

Mr Meehan said that he. had enough sheep for two entries, but hie had been prevented from sending any more, over to the ground, Mr McKenzie said that it was about 2 p.m. when the wether was turned up. He knew that sheep had been shifted back and forwards sometimes after the judging, but if the wether were substituted, where was the ewe? • . . ■->.-'.• Mr Storey said that it appeared that the Association, through their servant, had mixed up the sheep, and if so the Association were to blame in ■fche matter, and, not Mr Meehan. Mr Meehan said that Mr Mowat had said he had helped to draft the heep into" the pen. "He was unfortunately away in Wellington, and could not attend the meeting.

Mr G. H. Monro said that he was one of the class stewards. He could only say what he'had said before. The pen was judged by Mr Elliott, and the sheep were not turned up. There was a horny sheep there when they were judged. He was with the judge. Be did not consider it his duty to turn up the sheep. Mr Elliott asked for a man to turn them up, and he (Mr Monro) had made the request tree times. Mr Miller might have offered to turn them up. He went back to the pen with the judge, who satisfied himself that the sheep was a wether, and he then disqualified the pen Mr Elliott had then finished the judging. He and Mr Miller were marking the book. Mr Miller's book was handed in to the secretary They called the two books over, and he (the witness) told Mr Miller the awards. The section . was finished, and he thought it was the last section to be iudgSd. If the judge said he altered tho award before the section was finished he was mistaken, the witness thought. He thought the judging started about a quarter or half-past two. It was late after lunch, he Tmew. It might bo three-quarters or an hour after the section was finished

before the award was altered. When the pen was disqualified fresh tickets were obtained trom the office, and the secretary was notified ot the change in the award. It was Mr Maclaine who was in the office. The , old tickets were taken away by someone, and he thought Mr Miller put , fresh tickets on. the pen. He informed Mr Maclaine of the change. If , Mr Maclaine said he was not informed, •he (the witness) would say that Mr Maclaine was wrong. He did not know where his book was. ■ Mr . Miller's book was handed in as the [ official steward's book. He was satisfied that Mr Miller's book was ■authentic. He thought that-the judging was finished at four o'clock. The Secretary wished Mr Monro to be present' when Mr Maelaine was called in. Mi* Ma'claine denied that Mr Monro informed him of the change. He denied it absolutely. The sworn evidence of the judge was handed in,' but being the private property, of -Mr .Belli was not handed to the Press. ■ ~■',.-■ '.An extract from ,a private, te-tter from Mr J. R. Sharp was read by Mr I Bell, setting out_ what he knew of1 the matter ias supervisor. This evidence i has already been printed in one of the previous reports -of the Quibell case. The two previous letters1 from the judge were also read1. Mr A. J. Maclaine said that he was in charge in the secretary's office at the Show. Mr/Monro could not have notified-him of the change, or it would have been entered in the book. It was a very busy place in, the office. The stewards could have found the tickets, in the office. As tickets were required "the stewards came and got ' them. '.He would not admit that | fresh tickets had been given for that particular section. ■ Tickets were supplied to stewards as they asked for them. Fresh tickets might have been ' obtained even from him for that section. He did not think- it possible ■ that the entry would have been overlooked. " It was too important a mat- : ter. It was quite . customary for stewards -to get tickets, and they never said what they were for. He could not take notice of a casual, statement of an error, unless it were, officially notified. He had no recollection of any official notification, and he was certain that if such notification had been given he would have made a note of it in the book. He was aware that Mr Sharp was one of ( the supervisors and one of v the com- j mittee. If Mr Sharp had handed anything over to him; in the way of a notification he would certainly take i a note of it: It was not true if Mr I Sharp said he had been notified of the | change and obtained a- ticket/and | with his (witness's) concurrence noti- j fioation had been given to' the Press of the change.

EVIDENCE FOR MR MEEHAN

Mr Meehan said that he had a witness, but he did not. think * that it would be necessary to call him. ■ Mr Mowat was his chief witness, and he was in Wellington. Mt Lane had come from Hamilton to givie evidence. He did not think that he should prolong the agony, and he was quite satisfied to leave it to the committee.

The President said that it was for Mr Meehan to choose. If hie had evidence to call it was for him to say if he would call it. Mr Walter Lane said that he was engaged drafting the sheep. He and Mr Towrisend were turning up the sheep. They looked them ail over. They all agreed that there was no wether amongst them. The sheep were sent directly after examination to the ground from the yard. It was not possible for the"*' sheep to get mixed in any way. Th© sheep were

handed over between 9.30 and 10 [ o'clock, as far as he could think. They did hot bustle over the sheep 5 -they werh careful. Hei watched the'sheep .being taken over, to the pen. Three t ewes were taken over to the pen. There were no other sheep driven with ■them. He' did not see1 the pen again until after--the judging. It was not likely.that >a1 man .would'send in 'three 'ewes with ■ horns1 on them for a - class like 'that. It 'was quite possible for a y half-bred ewe to have horns, but it .was as rare as a black sheep in >a flock.

THE DISCUSSION.

Permission being granted him to speak, Mr Young said that there was a rumor that the wether belonged to Mr Armstrong. Perhaps he would be able to give them some information.

Mr Armstrong said that he had no wethers on the Show Grounds that day. It did not belong to him. He made some entries, but did not fill them. He had no sheep on the ground. Mr Meehan said that he had wethers in the Loan Company's yards, but they were not brought over to the Show Grounds. He took the wether which was found in his pen home, and put him into the main flock after shearing^ No one claimed the wether. He wished that someone had, as whoever claimed it would have had his ewe. He had three wethers missing, and he took Mr Bell's- Mr McKenzie told him he had better take them. He thought someone had taken his, and left the three he took.

Mr Young said that much had been made of the alleged fact that the second decision had not been officially notified. He took it that th^ Committee were satisfied that the judge

went over the pen the second time. His (Mr Young's) attention was drawn to the horny sheep before the judging by a- remark from Mr D.Fleming. He saw the horned sh^ep, but did not know if it were a wether before the judging. He could oiot swear that the sheep turned* up subsequently was the same sheep. He did not think it necessary to enter a protest, as the mistake had been pointed, out to the officials, and the award changed. Mr Mackay asked if Mr Young was a witness, or representing Mrs Renwick, or present as a guest. Mr. Young said he was there as representing Mrs Renwick. He had not protested because he thought it not necessary. The change of award had been made within the specified time required for a protest. If there were laxity on his part, he had nob been alone in that laxity. He would \ not have entered a protest in any case.

Mr Storey then moved in accordance with notice that the Quibell Cup be awarded to Mr P. Meehan, as set forth in the official book. They all knew that the ticket was not I altered until after the judging was done- The rules distinctly stated that a protest should be in within a specified time, and no protest at all had been lodged. .' . Mr Young here left the room. Mr Lankow seconded Mr Storey's motion. He had nothing to say. He had not altered his mind in any way after hearing the evidence. The President asked if the Committee were satisfied that Mr Mcc-

han had fulfilled the conditions. It was a question of fact—r-whether, at the time of judging, the pen contained three ewes, or two ewes and a wether. If the first, it was reasonable to give the prize to Mr Meehan; if the second, it would, be dishonest to give it to Mr Meehan, and they were bound to uphold the disqualification and give it to the peri which, filled the conditions. To his mind, the evidence was conclusive, that the horny wether was there the whole time.

Mr Bell moved as an amendment that the prize be awarded to Mrs Renwick, in accordance with the -judge's decision. They had Mr McRae's evidence, and they had the judge's sworn evidence as to finding the, wether there. They had Mr D. Fleming's and Mr W. Fleming's evidence, which said that the wether was there before the judging. Mr Laidlaw had said practically the same thing. With this evidence, without that of Mr Shajrp's, it should be sufficient to-show that no changing of sheep was made. In the face of all this they could not possibly do anything more than' give the prize to Mrsi Renwick, and defend any action that should be brought against them for so doing. There were two sides to the questiop. If Mr Meehan were awarded the prize; -he would have toface an action from Mrs Renwick. l He submitted that no:. reflection had been cast upon the clerical staff. ;In the hurry and bustle -of the' Show,. Day there was ample excuse for omitting a notification. • i ."■■;.■■ , _ Mr Bishell seconded the amendment. There had been a good deal made of the fact of rib protest having been lodged by' Messrs Storey and Corry. He submitted'that no protest'was necessary. .If any protest was wanted it should have been Mr Meehan who should have entered a protest against the change of the award, ■ and not Mrs Renwick. Mr Meehan explained that there was no need to protest, as he had looked at the baok aijd found that he had been awarded the prize. Mr Armstrong said he was sorry that the Committee were placed in such a position. He did not think Mr Meehan was well advised to I ring the matter before the Committee. After hearing the evidence that day he could not but Ijhink the wether was there all the time, and the' Cup should go to Mrs Renwick. If it came to the notice of the' Committee that a pen did not fulfil the conditions laid down, the Committee were quite in order in disqualifying that pen without any protest needing to be lodged. He was going to abide by the opinion of their legal adviser, and he hoped that Mr Meehan would not go any farther with the case if the Committee's decision was against him. He did not for a moment think that Mr Young, would do so' either. It was the animosity on both sides that had made the thing hang on so long. He hoped to hear the last of it that day. He would vote for the amendment.

Mr Mackay supported the motion. It was the correct thing to do. In December last year they had met. There had been no protest before them, and no opposition had been offered when Mr Meehan was awarded the Quibell Cup. To his mind everything had been in proper order. Since then the whole thing had been stuck up by their late president. He (Mr Mackay) did not agree that conclusive evidence had been adduced in favor of awarding the prize to Mrs Renwick. The evidence was certainly contradictory. If the Committee awarded the prize to TVlrs Renwick they cast a reflection upon Mr Meehan.

Voices: "No, no." : Mr Mackay: Yes, they did.' /.Mr' Me6han had stated that there was no wether in the pen at the time of judging. The proper1 method to have been adopted would have been to have had a protest lodged in due form after the award. This had not been done. If they were to override the rules they would be creating I a precedent which they would afterwards regret. Another protest had \been lodged about the same time, which they would remember, and that time everything was done according to rule, although it was'unfortunate, j One of the' competitors, however, i proved himself a true gentleman on that occasion. He hoped ,-that the ) Committee would do the' right thing j arid uphold their resolution of the] 4th December. ~ Every fair-minded member of the Committee should vote for the motion.

-Mr Dick did not agree with Mr Armstrong as to how the award was changed. He did not think that a judge should be allowed to go back and alter his decision after some time had elapsed. ■ When he had put up his tickets the judging was done!, and he was finished as fair as that class was concerned. The evidence as to whether the wether was, there at the time of the judging was very conflicting. He. would vote for the motion. Mr McArtney agreed with Mr Dick. They should take the lawyer's advice. If the Committee had any doubt, the Cup should be awarded to Mr Meehan. There was grave doubt whether the wether was there or. not. He did not think the judge's evidence worth considering. He would not say that it was absolutely necessary that a protest should be lodged by Mrs Renwick. There was a doubt, and Mr Meehan should get the benefit of the doubt and be awarded the .Cup, according to their legal adviser's opinion. The President thought that Mr McArtney had misinterpreted the legal opinion. Mr Pike said that one fact was undisputed—that the wether was there at one stage. .There was every chance that it was there at the beginning, and he thought it his duty, therefore, to vote for the amendment.

An extract from the legal opinion was again read. Mr Morrin was of the same opinion as Mi- Armstrong, that the weight of the evidence was in favor of the amendment. THE AMENDMENT LOST. After the amendment had been put to the voices a division was asked for, the voting being : For the amendment, (6) Messrs Pjke, Armstrong, Morrin, Bishell, Bell, and Vavasour; against the amendment. (7) Messrs Lankow, Meehan, Dick, McArtney, Boyce, Mackay, and Storey. The amendment was thus lost. Whilst it was being put the Chairman said he would not allow Mr Meehan to vote, and an acrimonious discussion arose on the subject. Mr Meehan said that he would refrain from voting if Mr Bell did likewise. -Mr Vavasour replied that Mr Meehan was an interested party, and Mr Bell was not; and he thought it very wrong of Mr Meehan to vote. 'Mr Mackay said that Mr Bell held a brief for Mrs Renwick, and it was onlj' right for both himi and Mr Meehan to refrain from voting. If Mr Bell refused to refrain, Mr

Meehan had every right to vote as a member' of the Committee. Mr Meehan was allowed to record his vote. The motion was then put and carried. Mr Meehan has therefore been definitely awarded the Quibell Cup.

A SUGGESTION

Mr Mackay then said that seeing that Mr Meehan had been awarded the Cup, it would be d very courteous action on his part to forego the award for this year. He did not want Mr Meehan to reply on the instant, but to think it over. Mr Meehan promised to give the suggestion his consideration.

THE PRESIDENT RESIGNS

The President said that he was very sorry, but he would have to hand in his resignation. He had putit in writing. He resigned for the reason that the Committee had passed a resolution which in his opinion was a breach of trust and dishonest.

Mr Vavasour then left the chair and the room.

THE FATE OP THE CUP

Subsequently to the meeting Mr Meehan advised our reporter that, as he had vindicated his position before the public of Marlborough, he had accomplished that which he had set out to do, and he now relinquished all claim to the' Quibell Cup for this year. He would have much pleasure in giving it back to the Association. Thus ends the great fight.