LIBELLING A TRAINER.

New Zealand Herald, Volume L, Issue 15252, 15 March 1913, Page 2 (Supplement)

LIBELLING A TRAINER.

£10 DAMAGES AWARDED. ,A WOMAN'S SOFT NATURE. Mr. Ernest S. Cooksox, a racehorse trainer, formerly of the Hermitage, Rich mond, Yorkshire, and now of Harrogate, was granted £10 libel damages in the King's Bench recently against the proprietress and the editor of Sporting Life. On October 28, 1911, at the Bogside races, near Ayr, Mr. Cookson ran the horse Tarpoleon. Two days later the following, which was the alleged libel, appeared in Sporting Life :— For what opposition he put up against Flying Shuttle in the Garnock Steeplechase 'larpoleon might well have been retained in his stable, it appears that Mr. Cookson 'a horse bad only recently recovered from a severe operation on one of his legs, the effects of which were early apparent in the race, for tho paii' had not gone far before Tarpoleon was hopelessly beaten, and failed after struggling in the rear for half the distance," The plaintiff said these words meant that ho was guilty of cruelty and gross want of care in running a horse after a recent operation. The defendants denied that there was any defamatory meaning in the words, and pleaded fair comment. Mr. Cookson, tho plaintiff, said that Miss Cecelia Lennox was so disgusted with the paragraph in Sporting Lite that she made up her mind to give up racing. She wrote him a letter to that effect. It contained this passage :— lam so much upset; to think that you could be so cruel as to race a horse in such an unfit and doubtless suffering condition. It is quite dreadful to my mind to think what men will do for their own ends—." Judge's Witticism. Mr. Justice Darling: What about what women will do for their own ends (Laughter.) Mr. Atkinson (crofts-examining) : We shall have to wait and see. (Laughter.) The letter continued :— " never believed you were this kind of man. I wish I could think the poor animal was not suffering. It has so cruelly pained me, I have quit© decided to give up racing, and I will nit have any more horses in your Btable." You say the libel ruined your business as a trainer. Do you repeat that?l consider it has done me a very great deal of harm. I am meeting men every day who refer to it. Mr. Neil son bought Tarpoleon to run at the Ayr meeting m September. Six weeks before the meeting the horse was not fit for racing without furthe rtraining. He gave it further training. About a month before the Bogsido race ho put iodine on the forelegs to take out inflammation. When the horse took part in th© Gamock Steeplechase it was as sound as he could have wished. Miss Cecelia Lennox, giving evidence, ' said she was the daughter of the late General Sir Wilbraham Oaten Lennox, K.C.B. and V.C. . Mr. Justice Darling : Do you say you gave up racing because of this Tarpoleon affair Yes. Mr. Atkinson : Why, if the plaintiff had not been cruel in running Tarpoleon, did you give up racing?— The plaintiff's name was mentioned in connection with the affair, and when people say a thing it sticks to one. Was it because you had not more money to buy horses?—l had quite enough to go on racing and buy horses. I would not have cared to employ another trainer. Duke of Richmond's Cousin. There are two petitions in bankruptcy against you?— fancy ho. Your name is not Gordon Lennox?— No i our branch took the name of Lennox. My grandfather was Lord George Gordon Lennox. The witness said that the present Duke of Richmond was her second cousin. ( Mr. Wild, K.C. : And Lord George Gordon —He was further back. Mr. Justice Darling : Ho was the gentleman who made certain experiments in the neighbourhood of Bloomsbury. (Laughter.) The Witness..: The Gordon riots, weren't they. ■ Mr. Justice Darling: He was a renowned political leader. (Laughter.) , As the witness was leaving the box Mr. Justice Darling remarked, " You need not wait unless you like to see who passes the post first." (Laughter.) After a long deliberation the jury found for tlie plaintiff. Judgment was entered for plaintiff for £10 and costs. His lordship said he had not the slightest doubt that the words were capable of a libellous meaning, and refused to grant a stay.