RACEHORSE CASE

Manawatu Standard, Volume LVI, Issue 202, 16 July 1936, Page 9

RACEHORSE CASE

CLAIM FOR OWNERSHIP. EVIDENCE BY DEFENDANT. Per Press Association. DUNEDIN, July 15. The proceedings brought by Marion Horne Carlisle Beale against Edwin Hide, faring’, of Seaclown, and Patrick Thomas Hogan, horse trainer, of Washdyke, with respect to the successful racehorse Queen of Song were continued in the Supreme Court before Nti- Justice Kennedy to-day. When the Court adjourned until to-morrow morning, the ease was still unfinished. Leslie Gerald Hill, secretary of the Dunedin Jockey Club, in answer to Mr A. T. Donnelly (counsel for Hogan), said that in bis opinion if a leased horse were returned by the lessee the lease could in the absence of a contrary arrangement be regarded as cancelled. Referring to the cost of training and racing a horse, witness said it had been estimated by an expert at about £G a week. Frederick Shaw, horse trainer, of Wingatui, said he went to Hide’s place at Scadown with Rex Beale to see Queen of Song, which was being grazed there. Witness thought the mare was all right, and neither Hide nor Hogan disputed it. Neither mentioned that Beale no longer had any interest in the horse. Witness discussed an option with tlie Beales and he felt there was no reason why he should not have trained it as well as Hogan. It was not hard to train a good horse if one had a little common sense. Witness detailed a transaction between a man named Tweedie and Beale, in which Tweedie paid £l9O for Queen of Song and later asked for and received his cheque back. Witness would value the mare at 1000 guineas to-day as a racehorse, and he considered that she would also be valuable as a brood mare..

In reply to Mr Donnelly, witness said he considered a lease ran until it expired, but he did not know of any other case in which a horse was retained by the lessee and the lease still continued. He thought that the training and racing of a horse for a year would cost about £750. Mr Donnelly: What would it cost to train and race a horse in Otago and Canterbury only?—About £550 to £SOO. Mr O. S. Thomas (for Hide) briefly addressed the Court on behalf of defendants, and outlined the evidence that would be called in their behalf. HIDE’S EVIDENCE.

Thomas Edwin Hide, one of the defendants, said he started a stud in 1931 with the purchase of five mares, and shortly alter tlie foaling Beale asked witness to give him the first refusal of the first horse out of any of these mares. Witness promised to do so. Later, Beale took the mare and then said she had gone lame, and he could not go on with it. He asked witness to take her back home. Witness agreed to that, and Beale sent the mare back, paying freight, and also forwarding with her the cover and headstall. Witness considered that the mare was suffering from the results of overwork due to too much training on hard tracks. Once this foundering occurred the mare would never be the same again. Some time later Beale wrote to witness saying lie wanted to see witness about- Queen of Song’s half-sister. Rex Beale and Shaw came out to see witness and inspected the horses before they met witness. Shaw said he had come to see Queen of Song and suggested certain treatment. The pair left witness’s place, and a few days Inter witness wrote to Beale saying that he would not lease any more horses. He did not think then that there was any chance of Beale buying. Witness thought that Beale was inquiring for a renewal of the lease when he telegraphed in July, and he did not hear from the Beales again until August 2, when he received a cheque for £l5O and Beale’s telegram. On the same day witness advised the Racing Conference that his leased horses had been returned to him. At the time be thought that the option over Queen of Song expired when the other leases expired. On hearing from the Racing Conference that the mare had gone back into his name, witness thought ho had a right to sell, and he immediately tried to do so. He first asked Hogan to sell for him, explaining that Beale’s cheque had gone too late. He put a price of 300 guineas on the mare, Hogan to get the shillings and himself the pounds. Witness saw Pankliurst on September 3 and the mare was actually sold just prior to that. Hogan wanted to buy t-lic horse himself, and witness asked for £225. Hogan said he would buy if lie could get the money. Later, while witness was away, Hogan arrived and paid £225 to witness’s son and took the mare away. The same night witness went to Hogan's place and signed both receipt and transfer. From April until September 3 the mare had never left bis property, and witness now bad no interest either direct or indirect in the mare. From August, 1935, to January, 1936, witness heard nothing from the Beales in furtherance of their claim.

Cross-examined by Mr Solomon (for plaintiff), witness denied that bo refrained from communicating with Beale when asked by him to do so because lie wanted to avoid exercise of the option. He regarded the return of the mare as cancellation of the lease. With regard to the sale to Hogan, witness could not recall who had written out the transfer, hut he wrote out the receipt himself. Thu receipt was written out first and notification to the Racing Conference was written later. Mr Solomon: When you were looking for a buyer for Queen of Song, why did you not go to the Beales P

Witness: Because I had already refused them.

At this stage tho ■ adjournment was taken.