FATE OF RACEHORSE

New Zealand Herald, Volume LXIX, Issue 21289, 16 September 1932, Page 12

FATE OF RACEHORSE

LOVING CUP DESTROYED ALLEGATION OF MISTAKE OWNERS CLAIM £7OO DAMAGES INCIDENT AFTER A RACE Tho circumstances in which the hurdler Loving Cup was destroyed, allegedly in mistake for a seriously injured hunter, Glon Marco, wore described in tho Supremo Court yesterday during tho hearing of a claim for damages by the owners of Loving Cup. The incident occurred on June 8 of last year. Loving Cup, after running second in the Orakei Hurdles on tho third day of tho Auckland Racing Club's winter meeting, was taken to stables at Ellerslie. At the sanio stables thoro were other horses, including Glen Marco, which had broken down so badly that it was to bo destroyed. After the race meeting it was discovered that Loving Cup had been shot and taken away and Glen Marec had been spared. Tho owners of Loving Cup, Mervyn Wells and James Taylor, of Cambridge, farmers, claimed £7OO damages from Norman Austin, of 'lo I'apapa, boiling down works proprietor, alleging that it was on account of his negligence or the negligence of his agent, that Loving Cup was killed. Tho defendant denied all negligence and made counter-allegations that the plaintiffs had given misleading directions and had been negligent in not having some one present to identify the horse. The case was before Mr. Justice Herdman. Glen Maree's Condition Counsel for the plaintiffs said the defendant had been instructed by Wells to destroy Glen Maree, but through negligence ho destroyed Loving Cup instead. Austin sent his son to destroy Glen Marec, and ho went to a paddock in which were five horses, including Nukutcre, Glen Mareo and Loving Cup. Tho amazing feature was that the young man, making no inquiry, selected from these five horses Loving Cup and destroyed him. Merely to state the fact was to show the grossest negligence. The condition of Glen Maree at this time was that it could only get about on three legs with the greatest pain and difficulty, and it would havo been cruelty to keep it alive. Loving Cup was a beautifully bred horse by Quin Abbey out of Shell Shock, five years old. Quin Abbey was tho sire of some of the finest cross-country horses in New Zealand. Wells telephoned on the morning of June 6 and got in touch with Mrs. Austin, wife of the defendant, and arranged to have Glen Maree destroyed, continued counsel. He instructed her that whoever did this should first get in touch with one Ivean, who was in charge, of Hannon s stables, and get him to identify the horse. Loving Cup ran second to Landmark, carrying a difference of only 41b., and that would give some indication of his quality. Loving Cup brushed the skin off his stifles, but that was nothing, and evidence would be given that he was quite uninjured after the race and as sound as a bell. A Jockey's Discovery About 3 o'clock a jockey discovered that Loving Cup was missing, and Wells was immediately informed, said counsel. Later, in reply to a lawyer's letter, Austin said he had received instructions to go to Hannon's stables and destroy a lame horse. A horse, which afterwards proved to be Loving Cup, was found there so lame that it could only move with difficulty. It had an open stifle ioint, out of which the oil had run, and that was assumed to be the horse that was to be destroyed. Counsel said it was physically impossible for the horse to have been in that condition and to have behaved as it did in the race and afterwards in the paddock. As to the damages, counsel said the value of a racehorse must always be a matter of opinion, but 18 months earlier Taylor had bought a half share in Loving Cup for £2OO. The horse had won £720 in a very brief racing career, and experts would value him at over £7OO. He was a young horse, and his performances had been excellent, showing great evidence of stamina and courage. Tho plaintiff, Thomas Mervyn Wells, said ho had owned racehorses ever since he was 16. Describing the injuries to Glen ■Maree in the Hunt Cup, witness said that in the final round ho slipped his fetlock. The jockey seemed oblivious and continued to raco with him. Loving Gup's Last Race

Being on only three legs Glen Maree naturally smashed into every jump there was and finished up a hopeless cripple, said witness. He was turned out at Hanjion's stables about 500 yards away, and witness decided to have him put out of pain. He described the arrangements he made with Mrs. Austin by telephone, and said ho had told her that Kean, the carrier, would give delivery of the horse to be destroyed. Loving Cui) had had only 20 months racing, and ho ran second to Landmark in a great race for the Orakei Hurdles. Landmark later won tho Great Northern Hurdles. It was impossible to get a sounder hor3s in the legs. A jumper usually raced until 10 or 11 years of age, and sometimes until 14. Witness looked Loving Cup all over after the race and ho was perfectly sound, without a trace of lameness. _ A good horso would always graze his stifle from time to time as ho jumped. After tho last race witness' son told him that tho wrong horso had been shot by mistake. When lie went to the stables next day he was surprised to notice a cartridge from an ordinary fowling piece, as he thought Austin would have a proper weapon for destroying animals. When ho told Austin that ho was entitled to some compensation Austin said he did not think so, and maintained that he had done the business properly. Ho said he was sorry, but did not attempt to explain tho mistake. Witness declined to look at tho horse, of which he was fond. Loving Cup's dam, Shell Shock, had won 13 races. Witnoss had bred him for a jumper. Witness had refused numerous offers for tho horse, including one of .£SOO. He would have wanted £IOOO if lie had been willing to part with him, Question of Lameness

Tn cross-examination witness said that Nukutorc was a lame horse and more than slightly lame, but he would swear that Loving Cup was not lame. Did not your son tell you that the horse Austin shot was one that was very lame indeed ? Witness: No.

His Honor: What explanation did Austin givo about shooting this animal which was sound ? —Ho didn't givo any explanation. Ho said he thought ho had done everything that was prudent. Counsel for defendant: Why did you not ro to see tho carcase when invited? Witness: T was met with nothing but hostility, and 1 thought it as well to get off Iho premises. Did you havo any occasion to be, uneasy about tho condition of Loving Cup that you went to see it so shortly after tho race ?—Yes. I wanted to see that the Jiorse was properly dried. I was proud of him. If ho had run a poor race I don't think I wotfTd havo gone at all. Referring to Loving Cup's record witness agreed that in 1028-29, his first season, ho had 31 starts, no wins, and fivo places. In tho next season he had live starts, no wins, awl one placing, and in the third season 21 starts and two wins. So that this horse had started 37 times and won twice?—! do not know. 1 think that is about right. In re-examination witness explained that much early racing of a horse did not tend to allow it a long racing career. The hearing will be continued this morning.