ALLEGED TRESPASS AT TRENTHAM

New Zealand Times, Volume XXXII, Issue 7077, 15 March 1910, Page 1

ALLEGED TRESPASS AT TRENTHAM

INTERESTING PEOSECUTION ARE PONY CLUB OFFICIALS "UNDESIRABLES"? Because they refused to quit the Trenthain racecourse when warned to do so by the racecourse detective, J. M. Cummings and J. H. Williams, officials of the Wellington Pony and Galloway Kacing Club, were brought before Mr "W. G. Riddell, S.M., yesterday, to answer charges of trespass. Mr Bell appeared on behalf of the informant, James Waldeu, whilst Mr Dunn represented the defendants. The offences, two of which were charged against each defendant, were alleged to have been committed during the' progress of the Wellington Kacing Club's January meeting. At the outset documentary evidence of club's power to exclude "'bookmakeirs, undesirables, and others" from its property, and of the racecourse detective's authority to enforce this rule, were put la by Mr Bell. The letter of Introduction, to the latter official empowered him to order off such persons as he might deem to be undesirables, but Mr Bell admitted that this letter could not extend the authority of the rule dealing with the matter embodied, in the ""Rules of Racing." He submitted, however, that from a racing point of view persons connected with, tne pony racing club at Miramax wore "undesirables," and that the detective was within his Tights in demanding tha.t tho defendants should leave the \course. .

Alfred Edward AVhyte, secretary of the Wellington Racing Club, said he did not consider stewards of an illegitimate race meeting were desiraHe on. the Wellington Racing Club's course. The Racing Con-ference-governed all recognised clubs, and under its rules his club was not permitted to allow stewards or other officials of illegitimate _ mieetings on , its course. In witness's opinion they should not be allowed on. To Mr Young: There wore six stewards present at the meeting on the sth, and seven at the meeting on the 15th, out of a total of eleven. Defendant AVilfiams was a judge to the Pony Racing Club. The Pony Earing Club was in no sense a Tival to his club. It did not cater for the same class of horse.

Mr ■ Young: But it caters for the proclivities of the racing public! Is it not a fact that its existence reduces your takings to some extent?

Witness- I think the other way. To Mr Bell-. Defendants, as officials of a pom racing club, would come within ,th© definition of "undesirables" nncher any affiliated racing olub in any,, part of tlw» world. /' -« James AYalden, racecourse detective, deposed to having warned Williams off. The latter stood' and argued the point with witness for a time. Witness could not call Cuinmings an "undesirable,'' except that his name appeared in the "Weekly Press" as a disqualified person. He would draw the line Between Mr Cnmmings and the "seven thieves." Mr Young said ho understood Williams's name was not in the forfeit list. Asked by Mr Riddell where he got his information, witness said the name had appeared for weeks. .Mr Bell: Do yon knowwhether defendants are officials of the Miramar club?

Mr Yonng: Well admit they are — that Williams is judge and Cnmmings managing steward. Mr Bell: Do you consider that officials of the Miramar club are desirable on the Wellington Racing Club's course? Witness: I hardly know how-to answer that. Cummings's name appears on the disqualified list. If a man is disqualified he is undesirable.

In reply, to a further qnestion witness said his instructions were that, officials of the Miramar club were not to be allowed on the course. Witness saw Williams oia the second and third day. When he- learned that. Cuinmings had been ordered off and refused to go he said. "Treat me the same way." To Mr Young : Witness knew Williams very well and had known Cummings for two or three years. Both were respectable citizens, and Williams was en independent, man. Conunings was,." undesirable " because his name was on the disoualified list.

Mr Young:. Is-that the only reason? Not altogether: He is classed "undesirable " by the Wellington Racing Club, because he is an official of the Miramar club. Witness was well acquainted with the Miramar meetings. Mr Young: Does not the president, and do not the stewards of the Wellington Racing Club frequently attend them? AVitness: AVell, I've seen some of. the stewards there.

Mr Youm?.- There's a sort of jealousy of the club among the stewards? Witness: I know nothing about that whatever. Witness ordered Cumminss of! odi tie first and third days. Mr Young: There were a lot of bookmakers on the course?—Yes. And spielers?—Yes. And why not * prosecute them?- -Be. cause they left. Witness said the persons generally understood as being " undesirable " were those Whose names appeared on the defaulters' list. This was the first occasion upon which witness had interfered with a person whose name was not on. the defaulters' list. '.'.'... Mr Younff: If a man's name is not on the forfeit list, though 1 an official of the Miramar club, is he, or is he not, an "undesirable "? Witness: He's an undesirable. My instructions are to put them off: To His Worship: Witness had insinuations to put off all officials of the pony racing club found on the course. In your opinion, were they undesirables?

Witness: I received instructions from the stewards of the club.

Very well; irrespective of those verbal instructions, were they, in your opinion, undesirables? • , .

Witness: I should have to say yes, because otherwise there ale plenty who would claim to be iput on. the same foot-

ing. If you leceived no instructions, would you .ask.them to leave? Witness: Yes. So you would consider them undesirable in your own opinion? Witness: Yes. Mr Young: But for the instruetiona you received, from the steward? would you hav© g deemed them undesirable? Witness: Only because they belonged to the pony.racing club. Was it not the. stewards who first put it into your head that they were undesirables? Witness: I broached the subject to some of the stewards. They talked it over, ar.d I received special instructions. Testimony as to defendant's character was {rfven by Edward B. Nation, A, L.