MORNING AMENITIES.

NZ Truth, Issue 65, 15 September 1906, Page 5

MORNING AMENITIES.

THE LADY TRAINER AND HER MALE RIVAL.

Larks at Lower Hutt Racecourse.

Mrs. McKay Goes m the Near Fore, and Is Thrown Out of Work.

"Did she fall or was she pushed ?" was the conundrum propounded before Mr Riddell, S.M., at the Magistrate's Court on Monday last, the solution of which on the evidence before him was • that it was a fall, and therefore a criminal charge could not be made out. The trouble arose out of a racecourse squabble at Lower Hutt on the morning o f Sept. 5, the chief actors being Harry Kingan, a young horse-trainer, and Catherine Louisa McKay, a middle-aged married woman, whose son owns a "neddy" answering to the name of O.D. The upshot of the squabble was that the female sport broke her arm, and with the limb m splints and a tongue m good going order, she proceeded to make good her charge against Kingan, that he had assaulted her and did her actual bodily harm, a charge, being an indictable one, Kingan was not called on to plead to, but left himself m the hands of lawyer Cracroft Wilson.-

Mrs McKay resides' with her husband at Waiwetu, and on the morning m question she was at the racecourse superintending- O.D.s exercise. After having smashed the watch, O.JD.i being 0.X., was led off the course,^ when on,-/, the tracv appeared Kingan and a jockey named Langston. Now, it seems, from Mrs McKay's verston, that a feud existed between Kingan and the' McKay family, so she walked up to him and said, "Harry Kihgan, wili you let us alone," which, she alleged, evoked from Harry, "Who are you, you .dirty .- I'll . spit m your face." This threat he carried into execution and. she told him that that was all he was fit for, and that if McKay (her husband) was there he would not dare do such a thing, as McKay would give him a hiding., Kingancontinued to spit at her a.^ men threatened to hit her; this threat he performed and a battle royal ensued between the pair. She took a spell on the track for a few seconds and picked up his, cap .as a trophy of war, and threatened' to keep it unless he apologised. Then, according to her story, he made a desperate rush at her, struck her on the shoulder, and she fell on her. arm, which was broken as a result ; and expecting sympathy no doubt she confided that fact to Harry, who was not at all satisfied and promised to break her neck. He continued to spit and jeer at her as she walked off, defeated but not" disgraced, and Dr. Purdy put the broken limb right.

■Mrs" McKay's story was not, however, borne out by, the next witness called by the police. This was George Home, a groom employed by Mrs Watspn, the owner of Wind. He was on the race-track on the morning of Sept. 5, giving Goldguard a canter or two. His attention was drawn to the argument by hearing the lady pall out something, m a loud tone of voice, ; to. Kringan, which was followed up by her lashing out at the trainer, who side-stepped scientmcally ; but the Amazon showed rare pluck and rushed m. Kingan assumed a defensive attitude and the witness, to use his own words, "had to admit" that Kingan gave the woman a slight push and over she went, Rising to announce that her arm was broken. To ,Home there seemed to be no quarrel. He was not intimately acquainted with either party ,,,and' did not know of any previous jeering conduct on Kingan's part, andthough he lived at the same place as the accused he was not a partial witness. Mrs McKay's story he considered was not the proper one, and his was.

Constable Williams, of Lower Hutt, was next called to prove the arrest of the accused. This was effected on Sept. 5, and Kingan then made "a statement m which he admitted having given her a slight push, while acting on the defensive against her onslaughts.

About calling Frederick Langston, the jockey, who was present and saw and heard all' that took place, SubInspector O'Donovan showed some diffidence, as Freddy was summoned by the other side. The bull was taken by the horns, however, and Freddy gave evidence, but it only weakened Mrs McKay's case, and Mrs McKay, who was seated m the Court, more than once, during the hearing of the case, got very restless and showed a great anxiety to rush into the legal fray. Freddy's story was that while conversing oh the track with Kingan, McKay's moke cjune great 1 guns down the course and Freddy open-mouthed asked "what's that?" "0.D." said Kingan. "0.T." was Freddy's funny reply, and Kingan thought it an excellent joke and laughed loud Then up came the female sport, who reckoned, Ihat Kingan was "a dirty, low ■crawler" for throwing off at her horse. Kingan advised the "riled" female to go off as he was not' m a. conversing 1 mood. Mrs Mac. wouldn't take -the "ojiat,' 1 and got under the rail and started m to smash the accused, who was very peaceful, and was meek and mild and only ducked and side-Sjfcepped, and didn't say a word, not even when Mrs McKay got possession of his cap and threatened to tear it to pieces. According to Freddy;, Kingan didn't touch Mrs McX ay, who was simply fended off by Harry, and she fell on her arm. Kfrs McKay's, story was, according .to Freddy, who is.a friend of Harry, a whole lie, while. Freddy, m his own estimation, is the very embodiment of all that is true and honorable. He had b%en asked by a policeman to give a statement of what he saw but declined, preferring, as he had a perfect right 1 to do, to come to Court and from the witness box give his truthful version.

Magistrate Riddell, m dismissing the case, said that the story told by Mrs McKay was not supported by other witnesses, and as he was satisfied no jury would convict Kingan on such evidence, he discharged him.