Jockey Sues Paper For Damages

Manawatu Times, Volume 64, Issue 171, 22 July 1939, Page 4

Jockey Sues Paper For Damages

Criticism of Riding in Race PUBLISHERS PLEAD REPORT WAS FAIR COA ENT Per Press Association. DUNEDIN, July 21. Claiming that bis credit and reputation as a professional jockey had suffered by reason of a commentary that bud appeared in tbc Evening Star of Aiay 1, on his riding of Foxlove at the South Canterbury Jockey Club's meeting. George Barclay to-day brought an action against tho Star Company seeking £5Ol as damages. The ease was heard iu the Supreme Court before A 1 r. Justice Smith and a jury. The company's defence to the action was that there was no libel in the reference and that it was fair comment.

Air. G. J. Reed, of Invercargill, appeared for Barclay, the company being represented by Air. A. C. Stephens, with him Mr. G. C. Cruickshank, of luvercar-

The matter to which Barclay took exception was published iu the racing notes of the Star and was as follows: “An unlucky horse at tho South Canterbury Jockey Club’s meeting last week was Foxlove. To be beaten out of the money each day by the narrowest of margins iu exceptionally fast times, showed him to be a galloper well above the average and good enough to take his place iu any company. In the Tiniaru Cup he was unlucky at the start through no fault of his own or his rider. This cost him several lengths and when his rider decided to make up this lost ground, he did so on the turn and outside a big field. Before reaching the turn for home he had run up into third place and secured a place next the rails for a few strides. Instead, of waiting next to the rails until he got into the straight, Barclay pulled him out again and he made the final bend on the outside of Sandwichnian and Spartan. In a few strides Foxlove was in front, but when tackled just inside the distance, he did not have enough left in reserve to hold off his challengers. lie demonstrated his gameness by fighting on well, and Settlement just beat him in the last stride for third money. In the Tescliemaker Handicap on Saturday, Foxlove jumped out well and was one of the leaders. On the sharp bend out of the straight The Sandwichman and Swordstick were setting a very solid pace out in front, and Foxlove was going well next to the rails and about a length and a-half behind this pair. Up till reaching the approach to the home turn, Barclay had done everything right. Then he made the same mistake us in the Cup and went up on the outside of these two horses as they made the turn into the straight, instead of waiting next to the rails until the straight run home was entered. Again he made his run too soon, aud in a blanket finish, with heads only between the first four, Foxlove was fourth. There was no disgrace in being beaten in such a fast time each day, and better handled, he could not have missed winning one of these two races. After the first day's display, It was surprising that a stable apprentice was not put up, as in Saturday's race, an allowance could have been claimed."

Barclay claimed that this was published “falsely and maliciously." The Star, he contended, meant, and was understood to mean, that he was incompetent and not fit to be trusted or employed to ride Foxlove, that lie lost these two races by improper riding and gross mismanagement of the horse, that he did not conduct himself properly as a jockey in these races, that he did not handle the horse in a proper or efficient manner, that but for his riding, Foxlove would have won one or other of the races, and that his riding was not worthy of an apprentice. After hearing counsel's addresses and evidence for plaintiff by the jockey (Barclay), the part-owner (Mr. Albert Cundell) and tho trainer (F. W. Ellis) and for the defence by W. Saunders (sports writer of the Dunedin Star), W. Haves (Otago Daily Times) and Hugh Edward Wilcox (bank manager, Timaru), the Court adjourned till to-morrow morning.