THE ETHEL "RINGING-IN " CASE.

Otago Witness, Issue 2368, 20 July 1899, Page 38

THE ETHEL "RINGING-IN " CASE.

Wm. Alex. Donald, Richard Samar-'a ] Henry, and Jno. A. Coogan were charged at ' Wellington last week with having on 9th December, 1898, at Opaki, by means of false , »retences, attempted to obtain from the Masterton Racing Club a sum of money with intent to defraud; and on the same date conspired together to defraud the said club ; and Henry and Coogan were charged with having on 6th Hay, 1898, conspired to deFraud J. 0. Wason and others, being members of the Ashburton Racing Club. The following is from the Post's report: — I Mr Gully appsared with Mr Myers for the prosecutior, TL- Skerrett (with Mr Cooper) for Don It!, and 2L' Wilford for Henry and €?oogan. air Uuily said tk« first charge was that the

horse was entered for a race at Opaki in a false name, and represented to be a horse other than the^one it actually was. The. way in which this came about made it necessary to trace the history of the animal. The proof of conspiracy, would rest upoji the acts and conduct of the accused, and "on admissions made by each of them. The mare was -snterod at the Opaki meeting as Ethel, unknown, and a maiden, when in point of fact she was a well-known racing pony named Cupid. The genuine name was Cupid, then Virgil, and finally, at Opaki, Ethel. She belonged originally to Mr Greenwood, who owned her until some time late in April, 1898, when, it was said, she was bought by Henry, with the object of carrying out this scheme. It would be shown that Henry must have known the mare had been placed and was called Cupid, as he was present on April 13, the last occasion on which she ran in Auckland. It would be found that in almost every transaction there was something done in order to blind or hide the true nature of the transaction. The sale was made nominally to a hotelkeeper named Dunn, but the evidence would make it clear that the sale was to Henry himself. On 26tli April Dunn shipped Cupid from. Oneliunga to Wellington, and a telegram was sent by Henry to Coogan, so that the suggestion was that the latter took delivery of the mare. On the same date Henry shipped two horses of his own from Onehunga to Wellington, and these with Cupid were taken on to Lyttelton, both Henry and Coogan being on the same steamer, while all three horses were taken to the hotel where the two accused stayed. An atempt was next made lo '" ring-in " Gupicl at the Ashburton race meeting as " Virgil," the hor3e being entered in the name of Mr Kenyon. The name Kenyon, it would be proved, though Henry denied it, was a fraud. It wa3 really Henry himself who sent in tho nomination. Coogan professed later on at Masterton to have a title to the mare by virtue of a sale note from "Kenyon" himself. The mare ran at the Ashburton meeting, but she was beaten. Then she was entered iot the Timaru races by Coogan, but did not run. On the 20th September there was a, nomination for the Auckland raoes of the same mare, "Virgil," in the name of " James Nolan," who, the prosecution said, did not exist. There was no intention to run her in Auckland, where she was known, but the nomination was made to give the notion that she was being sent \ip to Auckland, whereas in point of fact the intention, was to run her in a different name elsewhere. Next came the Opaki meeting on 9th December, and here Donald appeared on the scene. On the 18th November this mare and two horses were shipped to \> ellinjrton from Lyttelton, again to a false name — J. Wilson. This was denied afterwards by Henry at an inquiry which was held by the stewards of the Masterton Racing Club, but on being shown the boat note he admitted it. On the 12th November Donald nominated Ethel for the Opaki races, and it would be shown this was Cupid, alias Virgil. He*nominated her by wire and under a false name, J. E. Williamson, but it would be proved to be in Donald's handwriting and signed by him ; the acceptance also. Donald also telegraphed to someone in his employ of the mare's coming, and she arrived in due course. The consignment note was in the name of J. E. Williamson, but in Donald's handwriting. The mare was kept at Featherston, out of the way, until shortly before the particular race started. The mare won the race. Suspicion was aroused, and an inquiry instituted by the racing club. At that inquiry each of the accused made a statement, and % tho&e statements would be put in as evidence. Thomas Duncan, secretary of the Masterton Racing Club, testified that Ethel took part in the Scurry Race at Opaki on 9th December, 1898. Ethel won, a protest was entered, and the stakes paid to second horse. The stewards held an inquiry, and produced a statement made by Donald on that occasion. Coogan interviewed witness on 21st December last, and said his name was J. E. AVilliamson, but when asked to appear before the stewards he failed to put in an appearance. Coogan showed witness what purported to be a receipt for the purchase of Ethel. Thought the receipt was in the handwriting of Donald. The photograph of Ethel produced was taken under the direction of witness eight days after the meeting. Wm. J. Greenwood, farmer, residing at Epsom, Auckland, deposed that he was the owner of the mare Cupid until 22nd April, 1893, and he had owned her since 1891. John C. Dunn bought the mare, explaining that he bought ncr on commission. Henry had previously asked if he would sell Cupid, and on witness stating the price, Henry replied: " You can consider her as sold." Henry must have known the mare well. Some time after the sale spoke to Henry about the mare, and, asking him where she was, re replied that she was "on the other side." Remembered Ethel winning at Opaki in December last. Speaking about the race Henry said, " That little mare won all right," and later on asked witness not lo say anything about it. Saw Coogan after that, before he (witness) had seen the photograph of Ethel. The photograph was very like Cupid. On first, seeing the photograph witness went lo Coogan and asked him: "Is that mare Ethel, alias Virgin, the mare Cupid?" He said, "Yes, it is," and he was going clown to Masterton lo claim her, remarking, "I am bound lo go out for life.'' On telling Coogan that his action was foolish witne«s understood that he replied that "il would clear Dick." Thought he meant Henry, for whom he was working. In a later conversation with Henry the latter did not connect Virgil with Cupid. Charles Baker, a farmer living near Onehunga, deposed to knowing Henry and Coogan, but did not know Cupid. Henry told witness that he had bought Cupid, adding, " I got her in well at Ashburton, and it's a moral for her lo win." He declared that Dunn did not own a hair of her tail. W. Sharp, jockey, deposed that he was with Greenwood when the latter owned Cupid, and had often ridden her. Was present at her sale to Dunn. Could not swear that the photo produced was that of Cupid. George Cutts, starter, s-aid he knew a racing pony named Cupid. Had seen her win more than once. Saw her last on Onehunga wharf on April 26, 1898, in charge of Dunn. Had seen Henry and Coogan at Auckland. Henry should know Cupid better than he (witness) knew her, because he had been at many meetings at which she had run. She was a notable pony. Identified a photograph of Ethel (produced) as that of Cupid, but would not take his oath upon it. Geo. A. Harland, accountant, deposed to bsing employed as purser on the Penguin when Cupid was brought down from Onehunga to Wellington last year. Coogan was the shipper, and was with the party when the horse was landed in Wellington. Alex. Lohenett, formerly a trainer in Greymouth, said that he was in Christchurch in May of 1893, and saw Henry there. Witness detailed an interview between himself and Henry, in which the latter said he had a mare then running at Ashburton, and he aeked

witness to take her in hand in order to get good dividends. Witness then explained his dealings with the horse at the Ashburton meeting, at which she ran under the name of Virgin, and on being shown the photograph of Ethel, said he could not positively identify her.

His Worship commented upon the unsatisfactory position of the prosecution in produc-*" ing a photo for identification.

Mr Myers replied that the other side had been given notice to produce the horse.

Mr Wilford said they could not produce the mare because she was out '" looking lor the Perthshire."

Witness, in answer to Mr Myers, said that he had heard that the mare was in Wellington.

Chas. H. Dowding, secretary of the Ashburton Racing Club, deposed to the entry of Virgil at the club's meeting in May of last year.

Wm. B. Fraser, clerk in the Union Steam Ship Company, gave evidence as to a consignment note of two horses shipped from Onehunga to Wellington, and three horses from Wellington to Lyttelton, signed by R. S. Henry, and others signed by '* G. Wilson, per R.S.H."

Thos. H. Truemau, clerk in the Railway department, gave evidence upon a consignment note, signed by J. Williamson, concerning a horse sent from AVellington to Featherston.

George Reid, jockey, said he was at the Opaki races on December 9 last. Knew the mare Ethel, and rode her on that day in the Scurry Race, getting first place. After he (witness) had ridden Voltaire on the Bth at the meeting, Donald asked him to ride Etfjel next day, but to say nothing about it. Had never previously seen the mare. Could not swear to the photo as being that of the mare he rode.

Ernest Cundy, a trainer in the employ of Donald at Featherston, said he first saw the mare Ethel on November 22 last, having taken her from the railway station. Had no instructions concerning the mare from Donald. Witness paid Ethel's nomination fees for the Opaki meeting out of his own wages, and did no 6 get a refund. Mr Donald nominated Ethel for the Pahiatua races, a fortnight after the Opaki meeting. She was under witness's care until a week after tho January race meeting in Wellington. Did not know what became of her then. Coogan took her away, telling witness that he was her owner. Recognised the horse in J «he photo produced as being the mavc Ethel. To Mr Skerrett: Got permission from Donald to receive and train Ethel.

Joseph Henry, handicapper, deposed to having fixed the handicaps for the Opaki meeting, including Ethel's case, the mare being handicapped as. a non-performer. Did not know then oE Cupid. The latter would have had more weight than Ethel carried if the performances had been known. Win. G. Fraser, clerk in the Union Steam Ship Company's office, recalled, gave particulars concerning "record" and other tickets bearing the name of E. S. Henry, travelling by the Waihora from. Wellington to Lyttellon on April 30, lE9S, in charge of a horse. Mr GvUy put in Iwg transcripts of telegrams sent from Timaru and signed by Cocgan, having to do with the nomination and acceptance of the mare Virgil for the Ashburton meeting.

Ernest Cundy, recalled," identified a reproduction of the photograph of the mare Ethel which appeared in the Sporting Review.

Win. J. Greenwood, recalled, also identified the same print reproduction. Was sur-s that it v.ao a picture ot the mare Cupid. To Mr Skerrett : Was o,ble now lo identify the mare by the photograph taken :it Maslerton, having carefully examined it. Having carefully considered the reproduction in the Sporting Times, he (witness) had sought out Detective Broberg and asked lo be allowed lo enter the witness box again for the purpose fo swearing positively that the Masterton photograph was a picture of Cupid. (She was known as Ethel at the Opaki meeting-.) Witness and Sharp (a previous witness) had discussed the matter of the photograph since Monday's sitting of the Court. Did not know thai Sharp also intended correcting his evidence. William Sharp, rpcalled, declarer! his belief also that the photograph of Ethel was that of the mare Cupid. Had not told Greenwood that he was going to correct his evidence.

This concluded the hearing of the evidence at hand. Mr Gully stated that he had only that day heard of fre>h evidence as lo identification. There was a man in Christchurch who paw Virgil run at Ashburton and Ethel at Opaki, and as proof of the identity of Cupid-Ethel-Virgil did not appear to be clear to the mind of the Court, he would like a further adjournment in order to obtain the witness.

His Worship granted an adjournment until Friday morning.

Mr Skerrett submitted that in order to convict Donald the court must be satisfied there was "guilty knowledge on Donald's part. His client had had no connection with the mare until it was sent from Wellington to the Wairarapa, and there was nothing to show any guilty knowledge on his part. There was not even a suspicion thai Donald knew that anything was wrong. Donald had throughout, been open and straightforward in all his actions in connection with the animal. Donald was a respectable man, and had a good reputation. The Magistrate had heard very full evidence, and he (Mr Skerrett) submitted that the case was one which his Worship should deal with by deciding that Donald was innocent of the present charge.

Mr Wilford, who appeared for Richard Samaria Henry and John A. Coogan, mentioned that there was no evidence to support the charge that his clients had conspired to defraud the Masterton Racing Glub. There •was nothing whatever to show ,hat Coogan was connected with the alleged swindle at Ashburton, or that he nominated a horse for the Timaru races. If there was a conspiracy in reference to the mare known as JEUiel, Coogan certainly was not a conspirator, as he was not in Wellington when a conspiracy was alleged to have been arranged. If the court held that Donald was innocent, and that Coogan was not in Wellington when the alleged conspiracy was arranged, then Henry could not be held to be guilty of the present charge, as he could not have conspired with himself. If his Worship held this view, the charge against Henry and Coogan must fall lo the ground. Mr Gully, why appeared for the prosecution, submitted that the Magistrate must send the case for trial. There was prima facie evidence of a conspiracy which, if it had been successful, would have defrauded the owner of the second horse, the racing club, and the public. . A jury alone should decide whether there was fraud by Donald in connection wilh the nomination of the mare for the Opaki races. A jury should also decide the charge against the other defendants. The three accused were committfd fo£ ttial t

Each was allowed bail —himself in £25 and one surety of £25.