TALE OF A TROTTER

NZ Truth, 7 June 1924, Page 8

TALE OF A TROTTER

Unladylike Action with Nature's Gentleman

And a Sporting Sequel

(From "Truth's" Christchurch Rep.) A great deal was heard recently of ringing-in m trotting races, and after the big clean-up m the South Island, it might have been assumed that the curtain had been rung down on such cases. However, another comes to hand with a flavor of the old offence as the motif m a curious though certainly sporting procedure which followed. A woman (cherchez la femme!) was the cause of all the trouble.

In this case it was the New Zealand Trotting Association which appeared m the role of defendant. The plaintiff was one Ernest James Smith, the present owner of a disqualified trotting horse named Nature's Gentleman, and he sought to recover from that august assembly, the Trotting Association, the sum of £90, on the ground that he was induced to purchase the horse m the belief that the disqualification would be removed m a reasonable time.

Mr. E. D. Mosley, S.M., was on the .Bench, and plaintiff's case was conducted by Mr. A. T. Donnelly, whilst Mr. O. T. J. Alpers represented the association. .

Opening for the plaintiff, Mr. Donnelly said that three or four years ago a woman came 'over from Australia with a horse which she attempted to ring-in under the name of Nature's Gentleman. The attempt was discovered, the Trotting. Association seized the horse almost as soon as it was entered, and about March, 1921, disqualified both it and its owner for life. The inquiries cost about £60^ and to recompense itself the association put the horse up for sale. It. was well-known that the license to race was the only real value of the horse, and, m consequence, the highest of the many tenders received was £ 10. Smith, however, tendered £150 for, the horse, subject to the removal of the disqualification. The board* couldn't agree to this and returned his' ; cheque, at the same time asking him to call and discuss the matter personally. In due course, Smith talked things over with an official of the association, at whose advice ■_, he subsequently saw 1 Mr. Denton, .a member of the board. Smith, at all events, was prevailed upon to tender £100 for the horse, understanding that further consideration would be given to the matter of the disqualification.' Accordingly he paid £100 and: took the horse. The association then reimbursed itself for the £62 and handed the balance to the woman responsible for all the' trouble. Then, within four or five daya of Smith paying £100 and taking delivery of the horse, the ' matter of the removal of the disqualification came before the board, who bluntly dismissed it. Since then, Smith had made two or three applications, but the board had replied m effect: "We know very well that we got £100 for a .horse worth only £10, but you took a risk and you've fallen m."

Plaintiff gave evidence on the lines of counsel's opening, and, under crossexamination, he admitted having signed a letter m connection with his second offer of £100, m which it was stated that the offer was made unconditionally. TEN TO ONE WITH HIMSELF. For the defence, Mr. Alpers said the rules of the association 'did not give it the right t,o confiscate tho horse, and m order 'to recover the amount the permission of the owner had to be obtained before tenders, could' be called for the purchase of the animal. Of three tenders received, two were for £10 and the third, that of the plaintiff, for £150. It was made quite clear to Smith m subsequent conversations, that any sale would be irrespective of conditions, the chief desire of the association being to get the horae into reputable hands. Evidently plaintiff thought that" if the horse was sold into good hands the matter of the disqualification would be favorably considered at a later date; notwithstanding what the secretary of the association and Mr. Denton stated to tho contrary. Plaintiff therefore made' the offer of £100, with a request that nn application for the ban to be lifted be made at the next meeting of the association. The position was that Smith took the chance of the disqualification being removed, and m effect bet himself £100 to £10.

Mr. Donnelly: It was no bet, because he didn't have a chance, and never did have a chance. .

J. 13. Norriß, secretary of the New Zealand Trotting Association, and William Denton, a member, gave evidence of no undertaking having been given Smith regarding the disqualification being removed.

Mr. Donnelly (to Denton); As a fairminded man, can you say that Smith has had a fair "spin" from the board? -'-Yes; because ho knew what he was doing and that it was a fair amount of risk he was taking.

Did Mr. Selig, the president of the association, know thnt Smith's tender was £80 above any others received?— I don't know that he was aware of tho fact. It never struck me that way at all.

•How did you account for the big difference between tho tenders of £10 and that of £100? — I don't know.

AS BETWEEN SPORTS,

The Magistrato said he'wns quite satisfied an to plaintiff's integrity, and also that the Trotting Association, with the interests of the sport at heart, would not countenance any shady transaction; Ho wus convinced, too, thnt neither Mr. Morris nor Mr. Denton'hnd induced Smith' to tender £100 with the promise of the disqunlKicntlon being lifted. From the evidence it was shown tjiat Smith first offered 45160 on such a condition and, that when it was rejected he offered £100 Immediately. Messrs. Nonis and Denton had doubtless given tho correct version as to the second ortor, but this was said without any reflection on Smith, who hnd jprobubly decided to offer £ 100 for the horse and tnko the- risk of the disqualification beinu lifted. This was borne out by his second offer being <£l>o less than the first. One could not help being sorry for Smith, who had made a bad bargain, but who, being a good sportsman, would no doubt accept the position In n sporting spirit. It wns unf6rtunnto that Miss Jnmen, the original owner of the horse, had received a substantial'part of Smith's £100, and it was most likely that the association would niuch rather have glven t it to Smith .than to her, '

Judgment was glvon for the .defendnnt aHMOdation. which, an id counsel would take a. sportsmanlike view of tho matter und make no 'application for costs.