Sidelights on Racing.

Manawatu Standard, Volume XL, Issue 7842, 20 May 1904, Page 2

Sidelights on Racing.

The Kalmea Case Reviewed.

Interesting Details

At the Supreme Court yesterday bsfore his Honor the Chief Justice, "William horsetrainer, Bulls, proceeded jagiiinst Ronald Csmeron, stockman, for recognition of an alleged partnership in the horse Rangimco. Mr C. Lougbnan appeared for plaintiff and Mr L. Cohon for defendant.

Plaintiff and defendant/for some timo prior to February 3, 1904, had been carrying on business at Bulls under a verbalagreetnont that thny should train and race a thoroughbred racehorse named EaDgimoe. Disputes and differences had arisen between them, it was stated, and on February 3rd plaintiff, by notice in writing, dissolved the partnership. " The next day, it was alleged, defendant, against the will of plaintiff, forcibly took possession of Rangimoe, then in Homes' possession, and had threatened to sell the horse. The only assets of the co-partnership consisted of the horse Kangimoe, said to be of great value, and £35, which was in the hinds of the Pahiatua Eacing Club. The copartnership was alleged to be largely indebted to plaintiff for money adyanced, and partly for the training of the horse. If the partnership was held to be not determined by the notice sent on February 3rd, then plaintiff desired to have the partnership dissolved by order of the Court, and was ready and willing to bear his share of tha debts and obligations, and desired to have the accounts of the partnership taken by the Court and have the affairs wound up, and also that a writ of injunction be issued restraining defendant from selling Rangimoe, and from doing any matter or thing relating to the partnership business until further order of the Court.

In the defence tiled defendant declared that the only agreement, vetbal or otherwise, between the parties was an agreement that plaintiff should train and race Eangimoe for defendant at a remuneration of £2 per week and raoing disbursements. Ho admitted receiving a notice signed by plaintiff purporting to dissolve an alleged partnership. On February 4th defendant, U was stated,' terminated the agreement as to training and racing Kangimoe, tendered plaictiffthe amount due to him, and took the horse to his own stables. And for a further defence, defendant claimed that he purchased Rangimoe from John Baldwin for £100, and employed plaintiff to train and race it. Defendant was informed, that plaintiff held a receipt signed by John "Baldwin for £100, purporting to be the purchase money for Bangimoe, and defendant said such receipt was obtained by plaintiff by means of a false and fraudulent representation that plaintiff and defendant were partners, W. Homes, horsetrainer, said that he had previously been in partnership with the defendant in a hoivo called Ronald. In November last Eangimoe was delivered to witness for trial. It had been arranged at the beginning of October between witness and defendant that the horse was to be tried. If he was any good he was to be kept in work, if not he was to be returned. If kept in work a partnership was to bo effected between them, and they were to purchase the horse for £100 Defendant at this time was already indebted to witness for training fees at £2 per week from the previous May about £42. At the Feilding races witness told defendant the horse was worth going on with and he advised that he should bo purchased. Defendant promised to see about it when he returned home. Witness agreed and want on training the horse. The horse was raced in Mr Cameron's name.

His Honor: Why was your name not mentioned ?—lt should have boen. I left that to defendant. His Honor: Is there not a rule abouc this in the racing rules. Mr Loughuan : Yes, your Honor. His Honor: What about the stakes. They can be impounded. Mr Cohen: Yes, and the owners warned off the course. Continuing his evidence witness said he hadj made out the accounts against the horse in the namo of " Homes and Cameron," and handed it to Cameron at his own place. On the same day he gave him the Hokio account, £42. No objeotion was made to the discount. It was rendered between the Foxton and Pahiatua races.' Eangimoa started at the Pahiatua races both days. The second day he won. Cameron spoke of selling the horse after Pahiatua. The latter agreed but did not turn up.; The horse was brought to'Palmerston to go home and witness went to Turakina to see Mr Baldwin, the owner, andpaia him for Eangimoe, £100. .- Witness saw defendant at Tarakina. He had endeavoured to get Eangimoe out of the truok but witness's man declined to open the box. Witness told Cameron he hadn't got a horse there any more than lie had.. He asked defendant to go toßulls and settle up, but'he refused, and asked C. MoDonell to go for a policeman. McDonell did go but the policeman would not go to tfreatford for him. Witness, however, drove him there and eventually the horses, witness and defendant went to Bulls. Cameron alloged having sold Bangimoe to MoDonell for £120 and said he could not do anything wich Homes in the partnership matter becauso McDonell was going to sue at once for delivery and he would have to wait till that was settled. Subsequently Cameron took the horse from one of the stable boys on the Bulls course. Cross-examined by Mr Cohen witness i admitted he had a long, and varied experience as a horse trainer. Had had a license for eleven years without mter- | mission except on one occasion. " Mr Cohen: And that occasion was just after the notorious Kalmea transaction ?—Yes the year after. Was it because you received an intimation that you had better not apply as it would not be granted? No, His Honor: W hat do you mean by the notorious Kalmea case.

Counsel: lam coming to that your Honor. . On that occasion, said counsel to Homes, you had three horses in the race, one belonging to Mr McDonald. Did he not immediately take it away after that race.—No, not for some months. Counsel: That race excited a great deal of comment at the time?— Yes, I believe so. Did you win anything over Kalmea's win?—No, Did any of your friends win over that particular race ?■—No. Did Mr McArtney win anything?—l don't know. .. . Will you swear that Kalmea's race resulted in no profit to you; that you were no better ofi ?—Yes.

You swear that?— Yes. And that is why you did not apply for your license immediately after ? -I dii apply, but.my application was put back for one month. And you withdrew it ?—No; I went before the committee of the Wanganui Club and got the license. Replying to his Honor, witness said -hat the period he had not applied was a year m which he had not any horses in work, and there was no need. _ Counsel: And was that year the one immediately following Kalmea's win?— No; the year after that. And yet you carried on your business or horsetrainiug all the same?— Not altogether.

Counsel: lam no t W ell enough versed in these matters to give you the. actual reason that actuated you in not applying for a lhense that year. What was the nature of this partnership.^— Cameron was to get half the pronts and pay half the expenses. And why didn't he?— Because he did not pay the fees. Counsel read extracts from the racing rules providing for forfeitute of stakes and that owners should be ordered off the course for non-registration of partnership or other racing transactions; rUmu Wltness sad he was aware of. I hen you know the stake won at Pahiatua need not be paid or any other stakes won ?—Yes. Cameron did the same thing. Xt ne was an owner he was perfectly safe in having the horse runuing in his name V—Yes. :

Bat if there was a partnership and you were one of the parties mi were not registered then you were running the Did Baogiinoe try to win the five furlong race at Foxton ?—Yes. And if the boy who rode him at Poxton pays his instructions were not to win would ho be lying ? - Yea. \ At Pahiataa you had your own jockey, McAleer, to ride Rangimoe but Cameron told you that he had arranged for JenKins to ride him ?—Yes. Did Cameron tell you why he put Jenkinß up ?—He said he would prefer that Jenkins rode the horse ; that was his only explanation. I

Come along, Homas, give us tho 16 t^°? ?~I have given y°u tho reas°n- | Did you not say thatyou would rather Jankms aid not ride?— Yes. ,' Why?—Jenkins never rides for my stable. . ' You protested very strongly against Jenkirs riding the horse?—l hud tola MoAleer tbat be had to lide the horso. f Then it was only a question of fees!? —Yes. Did Cameron tell you that you hall been telling htm that the hocse was'a good one and that he put up Jenkins to find ous for himHelf ? —No. I

Did you tell Cameron that the horsß had a chance of winning the first day ? —I told him It was a mile race ; ho had never been tried over that diatauce. He did not win?— No. Nexi day ho started again and Jenkins/ rode him again ? Yes. / Bid you think ho could win the second day ?—No. | Did. you instruct Jenkins the second day? les! I told him to ride the same on th c first day. / If Jenkins swears that you told him not to bo in the race at any part of it he tells lies?-I did not apeak to km after I put him up. Well that is what Jenkins will swear remarked counsel. Did Cameron tell you he thought you had been "pulling" his horse "at Fox--ton and Pahiatua " ?—He . never has done so. . ; Kangimoe won easily the second day, did'nt he ?—Yes. Jenkins, unfortunately, did not carry out your instructions ?—My instructions ? I told him to ride the same as the first day. Did you say to Cameron when the horse was wjnnine: '-We're up for a b—— million " ?—No. I said he would kick it out. His Honor: What do you mean by " gone a million." Mr Cohen: It is an inuendo, your Honor, that means the horse's form has been exposed and that no money is on, that he wasn't backed. Homes knows more about it than I do. Witneas: Probably you know as much about it as I do, sir. Did McDonelJ come along shortly after the race and did you hear defendant say to him, "Mavtho horse is jours?'— No ; Cameron did say, however, that he. was going to get out of the norse and I told him that I objeoted and : he would have to settle it with me. How do you account for the horse winning at Pahiatua in goodlcompany when he had previously ( failed in mediocre company at Foxion and Rangitikei.—The distance was different. I told Cameron he had not bsen tried over a mile, but at the same time gave him a very good ohanoe. '

"Why aid you want to meet Cameron aster the races at Pahiatua F— He said he wanted to sell the norae. I wanted to gat the matter finished. ' , Can you suggest why Cameron wished to sell the horse just after he had won his first race ?—I don't know his rsa3on ■You had better ask him. _ Then can you give no account of his desire to see the horse ?—No. _You know Mr Baldwin, of Turakina He is one of the old Turakina Baldwins an honest man isn't he ?—Yea he is, a good, honest, decent man. And he recognised your partnership with Cameron, which, bye the Bye, you didn't mention till you looked at Uangimoe's young brother and had tea. Ho recognised the partnership and you gave him your cheque for £100 didn't you ? —Yes. Very well, we will see what Mr Baldwin has to say about; it. Where was the partnership made ?—ln the street at Wanganui. : This is your cheque ls'nt it and it has not been cashed. Witness recognised the cheque he had given Mr Baldwin in payment for the horse, which had not been negotiated. Hugh McArtney gave evidence as to hearing of the parnershlp at Bulls and advising that the parties should come to some definite' arrangement about it.. Cross examined .by Mr Cohen :—Yonhave known Homes for some years ? —1 es. On pretty good terms with hini?Yes, Generally you know something about his racing matters?—He has told me a few things occasionally but nothing in particular.

You do some of his betting, execute his commissions ?—I never executed a commission for him- in my life and. I have never made a bet for him. Did ho never tell you anything as to the «ood things m the stable ?—Once or twice,, perhaps, he has told me something, and I may have put a sovereign on it. Really ; do you bet in sovereigns. I suggest to you that you used to bet to

the extend of hundreds of pounds for Homes.—No. - Did you not bet extensively for him? —I never did, •;Noc on the machine, but in his name or for other people ?-1 may have done that.-. . May have?—l have. . « I thought so. Sarcastically : Not of course, for Homes.— NB. ; ' He (Homes) does not bet bi«?—l have not seen-him. ■ °' Did you win any money over Kalmea?—l did not. Now answer me straight. Witness :—Your Honor has this anything to do witli the case. His honor: Yes. uouasel : Now were yen in the Kilmea business ?—No., Did ycu baak anything in that raoe ? —No, not for myself. Was Homes the other person ? —No Did you back Kalmea ?—No. Thon^oulost your money over the race r—Yes. ■J. Goodall, secretary to the Eangihkei Racing Club, also gave evidence as to his belief that a partnership existed between the parties in connection with Rangimoe. The Court here adjourned until the following rxtrning.

YOURS FOR NOTHING. In every well regulated home there should . bo _ a useful handy Cookery Book. With the professional cook such a volume may not be, an imperative necessity, but even professionals often need to refer to a book. In the ordinary home the usefulness of a cookery book is apparent. It is ever ready to sua-gest some appetising dish and get the housewife out, of a delimma. The proprietors of Sharland's Baking .Powder are anxious to make a prejsent of "The Presidential Cook Book, containing 428 pages and wortli 3s (id to every housekeeper. There are certain simple conditions to be observed, the object .of which -is to get a fair trial for Sharland's BakingPowder in every kitchen. In each shilling tin of the Baking Powder there is a cook book coupon, and toil coupons will bring the book. You buy the Baking -Powder and o-et the Cook Book for nothing. Sharland's Baking Powder is sold at a ll stores. Retail prices 6d, 1/- and 1/6 per tin.