THE PENNILESS CASE.

New Zealand Herald, Volume LX, Issue 18296, 12 January 1923, Page 5

THE PENNILESS CASE.

TAKAPUNA STEWARDS' FINDING, '~ HORSE LOSES RACE. •-. ' As a result of the evidenco given in the lawsuit brought before the Auckland Supreme Court to determiner the ownership I ot the ratehorse Penniless, and which was I decided in favour of J™A'. C. Fleming, the Judicial Committee of the Takapuna Jockey Club instituted an inquiry, and after considering the evidence the following finding iWas returned: — ■ (1) That in accordance ■with the judgment of the Supreme Court in the case of Fleming v. Wynyard, .by which they conceive "themselves to be bound, at the time of the entry oi the,horse Penniless for the Ponui Handicap Hurdles and the Stanley Handicap Hurdles of the spring meeting of the club held on November 25 and 28, 1922. the legal owner of the horse' was J. A. C. Flem- . ing," and that as the horse was entered by and in the name of L: H. Wynyard. who ■ was not registered as having any interest in the horse, the entry was a breach of Rule 1, -of Part XV., of the Rides of- Racing and void. The horse not having been legally a competitor is therefore disqualified foe both the said races. (2) That the joint interest in the horse, assuming it to have been created by the dealings of Fleming and Wynyard in 1921, was determined by the acts of the parties, and became non-existent prior to the entries in question, and that therefore no breach of the Rules of Part VII. of the Rules of Racing was committed by the entry and start of the horse in the races referred to. (3). That in the opinion of the committee ' the real effect of the transaction between Fleming and Wynyard regarding the- purchase of the horse and their respective rights and obligations thereundei<"were probably not clearly understood by either party. The learned Judge who tried the case in the Supreme Court evidently found difficulty m arriving at a- conclusion as to what the parties really intended regarding the-ownership of the horse. Upon the -whole the committee have formed the opinion that Wynyard may, misconceiving his legal position, have had a. bona-fide belie? that he was entitled to enter the horse as his own at the. time .he did so. and therefore do not find him guilty of wilfully entering a horse not being entitled to do so. which, under . the 7, Part XXXII., is a corrupt practice. (4) As a result of the foregoing findings, and a.3 part of the judgment of this committee, the advertised stakes payable in connection with the Ponui Handicap Hurdlea be . awarded to the owners of the horses which were placed by the judge in second, third; and fourth' places in the following order, viz.: First, Wharepoa, £195; second, Narrow Neck, £40; third, . Mimiwhangata, £15. That Miss Melva be placed third in I the Stanley Hujdlo Race, and the owner be paid the . advertised third money, vis., £15. (5) That with regard to J. A. C. Fleming, although _in the opinion of the committee he should, as soon as the Takanuna entries were published, have! notified the secretary of the club that he claimed to be the owner of the horse and had issued a writ to establish his claim, he was not a party to and did not acquiesce in the entries made bv Wynyard, and therefore no breach of the Rules of Racing has been committed by him in respect of the races competed ,in by the horse Penniless at the meeting of this club in November last. The committee further resolve: That as th« evidence given before them includes a reference to certain h&ppenines at the Whangarei Rare Meeting of October, 1921. and suggests the possibility of irregularities having ■ taken place at, or in connection, with that meeting a copv of the evidence' be furnished to the District . Committee for their information. ' ' ; . ; .

: WAIROA ACCEPTANCES. - . :' [BY TELEGRAPH.—PRESS ASSOCIATION.] . WELLINGTON, Thursday. The following acceptances /hav<j- been received for the Wairoa County Racing Club's meeting:—•• . . ..;■-,•- RATJWA HACK HANDICAP, 6 far.-i-Pitch, 9.7; Mountain Peer, 8,7; Stern Lady, Ahura. 8.0; Marcus, 7.12; Roheh'e, 7.8 Mere* kara. Sonny- Boy, 7.5. ■ :■' iV,' ■'■'';:.■'• TRIAL HACK HANDICAP, 7 fur.— ''. Prince Imperial. 9.o;'Ranui, 8.7; Otoi, Pakanga, .7.12. ..;.-'. '{ ; f WAIROA HACK HANDICAP. 11 miles- >; Sunny Spec, 9.0; Slave. Mart, 8.9 Westerner,':- ~ 7.11. . ■ ■■■".:.-;.•...:;.. •:,;.••>"..;;?;. ': '.;r '. ; STEWARDS' HACK HANDICAP, fur. —Pitch, Sunny Spec, 9.5. . f i" WELTER -HACK HANDICAP. 7 ', fur.— Theic, 9.12; Ahura, Banui, . 9.8 Otoi, ! Solitration, ■' 9.0. ■• i TELEPHONE HACK HANDICAP, 6 fur. : Prince Imperial,, Mountain Peer, v 9.0; • Stern Lady, Western Boom, 8.4; Roli'ehe," 8.1'; Merekara, Pakanga, Moreau, 7.12. . HTJRUMUA ■ WELTER \ HACK ■ HANOI- V A CAP. '7- fur.—Slave: Mart,• 9.8; Westerner, 9.0; Theic, 8.12: Stern.Lady, 8.8; Bookman,: . Sonny . Boy, 8.0. - MAIDEN HACK SCURRY. 5 fur.— Nokerakau. Merekara, Western Boom,. Stern? • Lady, Azure Sky, Sunny Boy. Terimu, Mjm- ; :cuß, Moreau. .

moTTma" Australian; TROTTERS. ' QUESTJON OF handicaps. - ' [BY TELEGB4PH.'—OWN " CORRESPONX»E?.fT-3 . '■■• CHRTSTCHURCH.- Thursday. ' The , conditions i under -.which-; Australian trotters and .pacers register■ their performances vary considerably from those that obtain in New -Zealand, and this, was em- . phasised yesterday by Mr. J. H. Williams, : "•■■■ who" "brought T. the matter • before ' the' New . Zealand. Trotting Association.. Mr. :' Williams said : that. while the arrival • in* New : Zealand of. so many Australian horses had * added to the interest of trotting, their continued success hud led to : a great;deal of discussion on :th<ii question of handicapping. "As everyone' knows,". / continued Mr. Wu»-"-liams.' '> until recently practically all New ; Zealand clubs used *'. the moving up start .while Australian cliibs .•; have for years adopted the. flat-footed start,' Now that the .-' I majority of New Zealand clubs are starting ! from a barrier, it would appear -to place thei: Australian horses, at a great" advantage- as • compared with local horses. Then there; is • the fact that the Australian' 1 times are regis-. "v tered on much smaller tracks ■; than ; are raced on in New Zealand, ' and,' one '. would ; naturally think that a horse which can. put; up a good time'on a small.track.would put , up a better time on a larger track, - "In bringing, this matter .up I-do riotwish my intentions to be ' misconstrued. -as : it is not done with the .intention of endeavouring to place Australian; horses at a dis- 7. J advantage. I am sure that all true sports- •■:. men realise that '. competition between Aus- • tralian and New , Zealand • horses creates ;; additional interest." . . ■"■' - ■ . Iri order that the matter might be..• folly.--.■'■ discussed and : Borne; fair abasia of times — arrived at i. : as between New Zealand and I ■ Australian horses, Mr. Williams: moved, that a.; conference be called of two Australian. =.' trainers,'two New Zealand trainers; and two members 1 of the association to go fully t .inta . the.'-- question of .-handicapnrhg.. Australian horses ■) and report -to the association/;.■: further, that - Auckland : and Forbury Park Trotting Clubs be reouested to .obtain, in. , writing the, views held -on this ou'estion by one v or two of the leading local .trainers arid, if possible, a lea'din<r resident, Australian / trainer, and that such views .be placed, be- ■. ■ fore the. proposed rouference. •,;; :'■'■'. ".-,':■ ' ' "' -■' ■ '.•' Mr. 'Mark said that .the leading handicap- ■ pers should be taken into consjdttratiori when this matter ( was : beine. discussed. "After a '■'•■'" brief discussion us to, the be«t method to be adopted, the: matter ,was deferred-until the : next meeting in-order, th<»t ; Mr. ' Williams - might bring* forward, another proposal.