DEATH OF WELKNE

Northern Advocate, 14 November 1929, Page 9

DEATH OF WELKNE

SEQUEL IN COURT,

DAMAGES CLAIMED,

(iSpecial to “Northern Advocate.”) Auckland, November 13.

The racehorse Welkne figures in a claim for damages. The plaintiff is Bernard Goldwater, owner, who claimed from Albert Schubert, builders’ foreman, £528 damages, of which foreman, £528 3s damages, of which £525 was the value he placed on the horse and £3 veterinary expenses. The horse was destroyed following injuries received in a collision with a motor ear owned by defendant on September 23 in Great South Road, Plaintiff alleged that the car was driven into the horse with violence. Defendant alleged in answer, that the horse was not under proper control and that it had been frightened by steam from a neighbouring factory so that it became unmanageable and swerved suddenly on to defendant’s car. Evidence that Welkne was a quiet, good-tempered , horse and used to traffic, was given by John Edward Thorpe, trainer .in charge of the horse. Counsel: Well, did the owner back He was imported from Australia by Mr Wilfred Stead and was sibc years ( old. Goldwater bought him for £3OO two years ago with a view to maturing him as a hurdler. He had raced six or seven times, and won a race at J t Ellerslie at the June meeting. Witness valued him as a flat horse at £SOO guineas and lie promised very well as a hurdler. In answer to counsel for the defence witness said Welkne had had ten starts and had won one race. He had cost £470 in training fees and another £SO, or more, for riding foes, shoeing, entries, nominations and acceptances. Counsel; It is pretty well known that at the time he won at Ellerslie the owner did not have anything on him. Witness: That is the first I knew of it. Counsel: Wei, did the owner back hitai?—Yes, he backed him on my instructions. Counsel: How did you know he was going to win after nine failures 7 How did I know? I only thought so. In answer to a further question witness said: “Ybu would have been , I a winner if you had backed him every! time.” I

William Charles King, veterinary surgeon, valued the horse at £525.

Albert Charles Hill, manager for the A.R.C., said W r elkne was well worth £SOO.

Other evidence was given as to the value of the animal, and Thoma's O’Halloran, veterinary surgeon, explained the injuries which necessitated the horse being destroyed.

THE DEFENCE. For the defence, it was contended that the driver of the car did not try to pass the horse, which was suddenly moved out on the road, and backed until it practically sat on the radiator. Defendant, in evidence, said the horse gave no indication that it was going to spring out on to the road. When he was six feet away, it shied on to the concrete. His ear was practically stopped when the horse fell with its hindquarters on the radiator and slipped on the concrete. He noticed the horse “fidgetting/’ and this made him cautious. His car was travelling about 25 miles an hour. Owing to the position of the bus, it was not wise for him to move over to the right. By this

time he had slowed down to about 10 miles an hour. When he was about 6it away, the horse jumped suddenly away from the left. On the day of the accident Nelson Taylor, a carpenter, was driving in the front seat with Schubert. Witness described the prancings of the horse and the collision. The horse he said, rose on its haunches and fell on the front of the car just as the motor came to a standstill. Further evidence of the accident was given by George Morgan and James Dunstar. The driver of the ibns, Cecil Adam Kay, said that just near the glassworks he saw the horse leap suddenly to the right. It was apparently A frightened by a steam pipe. The horse swerved in front of an approaching motor car, which was so close that a collision could not he avoided. It was impossible for the driver of the car to 'swerve and avoid the collision, because lie would have hit the bus. There was not enough room to pass between the horse and the bus.

Cross-examined by Mr Northcroft, “witness said it would be quite wrong to say that .the horse was dodging about in a nervous or restless way.

Angus William Gordon, a stipendiary steward with many years’ experience, said he. regarded Welkne .as a fairly good horse. In 1920-27 it had won £lO9, in the following year its winning were- nil, ibut in 1928*29 it had won £409. Witness thought that the horse would be worth about £2;>o, That was if the buyer knew what he was doing. The horse was a six-year-old, and was never a very big favourite with the public. John Midland Bap, who has been a racehorse trainer all his life, regarded Welkno as “quite an ordinary horse.” He said he would have looked (twice at 200 guineas before he paid that price for him. -Counsel addressed the jury before the luncheon adjournment. The jury gave a majority verdict for defendant, ‘“You arc not entitled to have that information,” said Mr Justice Herd* man, when the foreman of the; jury inquired if there had been any insutonce on the horse. His Honour added: “Disclosure of such information has been made the ground for a new trial in England.” After a retirement of four hours, the jury returned and the foreman reported it had reached a verdict by nine votes to three. His Honour: Is there no probability of your being unanimous!”— “No, sir.” His Honour: Nat a possibility?—“Not a possible chance. The verdict is for the defendant, sir.” Judgment was entered for the defendant. with costs.