GUILTY OF CONSPIRACY.

New Zealand Herald, Volume LXI, Issue 18710, 16 May 1924, Page 11

GUILTY OF CONSPIRACY.

THE "ALL SMOKE" CASE.

TUCKER A PARTY TO SCHEME

SENTENCES DEFERRED.

fBT TELEGRAPH.PRESS ASSOCIATION.] CHBISTCHTJKCH. Thursday. The All Smoke case was concluded before Mr. Justice Adams at the Supreme Court to-day.

In the course of his summing up His Honor said the main question was whether a horse was substituted for All Smoke. There were certain facts which were undisputed. There was no doubt that All Smoke was nominated and accepted for both races. It was also clear that some horses did in fact run in two races, that the same horse ran in both races, chat it was a black horse, and further, that this horse broke down on the second day. The only question was, was the horse that ran All Smoke? A great deal had been said about a mistake in the race-book. It had been urged that it was the duty of stipendiary stewards to explain, but the Court wa 3 not trying the stewards for carelessness. There was the question of the hide, and again, he reminded them that they had not to decide whether it was the skin of All Smoke, but whether All Smoke ran.

After reviewing the evidence by which the hide was identified, His Honor dealt with the testimony concerning the horse which ran in the races. There was the evidence of Wilson, but it would be unsafe to rely on that entirely. To the same extent that applied tp Bennett. The main evidence, however, was not that of these men. There was Pees, who was not crossexamined by counsel for Williamson and Capes, and he had been asked only one question by counsel for Tucker. Pees said definitely that the horse All Smoke was not the one that ran in Auckland. Explaining the definition of conspiracy His Honor said that it occurred where two or more persons agreed by deceit or falsehood, or otiher Jfiraudulentf means, to defraud the public, or person or persons, which included a corporate body such as- the Otahuhu Trotting Club. Capes and Williamson appeared to be connected with the whole of the transaction. The nomination of a horse belonging to Tucker was in the handwriting of Capes. Then they were together at Otahuhu, and two men arrived at the boilingdown works with a horse. If the jury came to the conclusion that these men were connected in consort, and that a horse was substituted for All Smoke, then they would be guilty of conspiracy. The evidence against Tucker was weaker, and the jury must be satisfied beyond reasonable doubt that he was a party to the scheme. The jury retired at 11.50 a.m., and returned at 4 p.m., with a verdict of guiltiy against all three on the conspiracy charge, but Capes and Williamson only were found guilty on the false pretences charges. ■ ; Sentence was deferred till Wednesday. EULIUS CASE OPENED.

THE GISBORNE MEETING. FOUR PERSONS CHARGED. " CHKISTCHtTRCH, Thursday. When the jury had retired in the "All Smoke" case to-day, a new jury was empanelled, and hearing was commenced of charges of alleged conspiracy and false pretences against Walter Medley Hulston, Charles . Hopwood Capes, William Percy Capes and Alfred Tucker for allegedly ringing in Willie Lincoln as Eulius at Gisborne in July. The same counsel were engaged as in the previous case. Mr. Donnelly said that.the facts were simple. Tucker on July 6 owned Eulius. He handed over to Hulston two-thirds of his interest in the horse, retaining onethird for himself. The two men were thus in partnership. The actual handwriting on the transfer form was that of O. H. Capes. Willie Lincoln, one of the most distinctive and best horses in the country, was leased to W. P. Capes, who controlled the movements of the horse. Eulius did not seem to have been in the hands of any trainer, but Britten, a carowner, had him. Eulius was not an aristocrat, as he earned his feed part of the time in the shafts. Did Eulius run at Gisborne? If it did not, what horse took its place? Though Eulius wasn't a very good stayer he won, and was heavily backed. Hulston and Charles Capes were in Gisborne. The stake money was sent to Hulston, who signed a receipt. That stake was paid into the banking account of a produce company controlled by Charles Capes. « Subsequently the horse Eulius was sold at auction on account of Tucker. Evidence would be led to show that the horse which had been at Gisborne was Willie Lincoln. It had been identified by several witnesses. Bennett was the driver of the horse, and would tell the Court it was Willie Lincoln. He had amended his lower Court evidence, and it was clear that he had not told the truth in the other Court. After the race a photographer snapped the winner of the race with Hulston hanging on to the head of the horse. A number of witnesses would say that the photograph was one of Willie Lincoln and not Eulius. Evidence was . given on the lines of that in the lower Court. The case will be continued to-morrow. ■ 4 " ' ' ■"", I