CUTTING - UP PRIZE MONEY.

Otago Witness, Issue 2663, 29 March 1905, Page 56

CUTTING - UP PRIZE MONEY.

SOME EXTRAORDINARY EVIDENCE. Some remarkable evidence was given at Sydney on March 13 during the hearing of the action brought by Laurence Corbett against A. E. O'Brien to determine whether the plaintiff or the defendant was entitled to first prize in the Sydney Thousand Bicycle Race, run last March. Both parties first of all suedi the promoters of the. race for an amount of -£750, but Mr Justice Pring directed that as the money was paid into court the- two claimants should fight the matter out between themselves. Laurence Corbett finished first in the race, but was disqualified, and the first prize was awarded by the judges to the second man (Alfred E. O'BrLen). In the suit Mr Justice Pring directed Corbett to be the plaintiff and O'Brien the defendant.

It was explained on behalf of the piaintiff that in the race there were two batches — the front men and the back men — between which there was a gap of about 70yd®. The officials wanted Major Taylor to get a place. The pacing of the front men succeeded, but the back "markers for some reason would not pace, the result being that Major Taylor was only fourth. Of the front markers, the only man who would not take hia share of pacing was O'Brien. It transpired that the men who had paced together agreed to divide the prize-money in different amounts, though they were all to ride to win at the end.

Counsel for plaintiff sta-ted that O'Brien would not agree to a division, by which the first man of those who paced together in the front division should get the biggest share. O'Brien wanted an equal division .amongst those who paced together. Another scheme of O'Brien's was that he should win, while the others in league with him should stay behind and slow down the field.

Corbett, in cross-examination, said that the night before the race a number of competitors held a meeting at the Adelaide Hotel in his bedroom. Plunkett, O'Brien, Bathie, Gordon, Kett, and Bearpark (Bathie's trainer) were present. He did not say he could arrange with one or two back-mark men in order to prevent them, coming up on the front markers. The meeting was to arrange how they could keep away from the back men, and each take a fair share of pacing. No arrangement was come to as to what each should get, as one dissented. Bathie was to get £75. If he (Corbett) had won, the rest were to get the same as he himself. If Plunkett won he was to get £120. These arrangements had been frequently fixed up at other Australian race meetings. To his knowledge there had never been an arrangement between back-markers and front-markers in a race.

Mr Holman (to his Honor) : The heinousness of what took place is not that the riders in any particular group assisted each other, but that the members of the front group enterd into a collusion for one member of the back group to hold back, and so made the race an absolute certainty for the frent men. It is further alleged that the front group men conspired among themselves as to who should be the winner.

Continuing, Corbett said no arrangement was come to with the back-marker, MacFarland. At the finish Plunkett swung out to let him (Corbett) pass. He presumed Plunkett was tired and did not want to spoil his chanc©, as h& was fresh. He had been charged in Victoria by W. Martin with foul or negligent riding. He was committed for trial, but uo bill was filed. He deaiexl

that he had ever by foul riding caused a rider named Hardy to collide with a lamppost. He had had 39 falls on the track in three years. At the meeting in his loom O'Brien wanted all those who paced tog-other to divide ths money equally, and would nob consent to tho winner getting more than tho others. lie thought ho took the last bit of pacing in the race — tho final sprint.

Daniel James Plunkett said that at the meeting they all agreed, with the exception of O'Brien, to "save" with each other. O'Brien wanted Him (Plunkett) to slow down the riders be»hind to enable O'Brien to win. As the result of the inquiry he was disqualified for 12 months. If Corbctt had won he would have got £120. He finished half a length behind O'Brien, who was beaten by a few inches by Corbetl. He lost a length by swinging out to let Corbett pass, but still was able to stick to Corbett and O'Brien over the last 200 yds. So far as he knew O'Brien was running an independent raoe. Floyd MacFarland said he was on scratch in the Sydney Thousand. No arrangement was entered into by him with Corbett or anybody else to run the race unfairly. He did not catch tho limit men. He did more than his share of pacing. Major Taylor did a very little bit. He could not say whether any gain was made on the front men while hr> (witness) paced, but as much gain was made as when Taylor was pacing. He had no arrangement with Mr Byrne, the representative of one of the cycling firms in Sydney. No reference was made to the idea that a man riding one of Mr Byrne's machines should be allowed to win, though that gentleman had said that he would like one of his machines to win, as it would be a big advertisemnt for him. Major Taylor was not too generous with his pacing. He asked him (MacFarland) on the line, "What's doing?" Witness said, "Tho same thing i« doing as in every race. I am out to win if I can, and I suppose you are out too." So far as he had seen the race was fairly run.

Henry Gordon, a witness for the plaintiff, stated that at the meeting in the Adelaide Hotel it was agreed that all should try to win. but divide the pacing, and likewise the prize-money. He was disqualified for six months. If Corbett had won he would have got £75 or £85, and if witness had won Corbett would have got the same. He made the same- arrangement with Plunkett, Bathie, and Kett. Bernard Kett, mechanical dentist, said he attended the meeting the night before the race. There were six of them there, including O'Brien. He was to got £95. In case anybody else but himself of the frontmark©rs won O'Brien wanted an equal division, anybody to win. The witness was on the 100 yds mark. He never caught those in front, and those behind passed him. He came last. — Mr James: You were to get £95 for coming last. — (Laughter.) The Witness: Yes. He was disqualified for 12 months for collusion.

C. G. Bathie stated that he qualified for the final, and attended a meeting of fro'ntmarkers to arrange for the pacing of the final. He wanted to "save" with the rest for £85 each, and O'Brien wanted them all to go in and cut equally. Subsequently O'Brien wanted the witness- to allow him to 'win, and Plunkett to slow down Corbett. H& refused to make such arrangements. The witness was disqualified for9?2 months.

Counsel for the defendant applied for a nonsuit. *

Mr James, for the plaintiff, contended that there was something to go to the jury, as to whether Corbett was put on a fair trial before the council.

His Honor asked. Mr James whether he would accept the opinion of the jury now whether Corbett was charged with collusion.

Mr James said he would

Hisi Honor asked the jui-y whether they were satisfied that at the first meeting of the council these men were charged with collusion in riding the race.

The Foreman said that some of them believed they were charged with collusion, and some did not.

His: Honor

The case will have to go on

His Honor, in summing up, said he did not know of anything more important than that the decisions of a domestic tribunal — that was, a tribunal accepted by the parties themselves — should be final and conclusive, unless there was manifest injustice. If there were to be appeals from such domestic tribunals this court, which was not constituted for the- purpose of entertaining such matters, would be swamped with appeals regarding horss races, foot races, or rowing races. This was an attempt to override the decision, of the Council of the League of Wheelmen. The pJaintiff's case was that he had no opportunity of putting his case before the council, and that he was denied an opportunity, and was not charged before them with anything, although for five evenings he was ther-e examining- various witnesses. He had said himself in his evidence that h& was charged with collusion, though afterwards he said he was not sure whether he was charged with collusion. It was not contradicted that in the race O'Brien had been driven down on to the grass by Plunkett on Corbe>tt calling out, "Keep him off my wheel." The secretary of the League of Wheelm-on had given 'evidence that Plunkett and Corbett were at the council inquiry charged with collusion, and, if they believed that, there could be no fault found with this inquiry. They could not, moreover, expect such an inquiry to be conducted with the same strictness as the- one in this court, but that was no hindrance to its being a fair trial. Corbett examined every witness, and got out everything that was favourable to himself, but in tho end the council decided against him.

His Honor adjourned the rest of his summing up till next morning, but word by cable from Sydney informs us that judgment was given for the defendant, O'Brieii.

A firm in Napier has received an order from thp New South Wales Government to manufacture 100 tons of flax rope. The contract price is about £3000.

In Australia it is no uncommon thing to find worms emb^lded in the flesh of kangaroos and wallabies. The barracouta and some of the deep-Eea fish of New Zealand have long been said to suffer from similar troubles. The Lyttelton Times, however, ha 3 discovered a new horror for the flesheater, f or it records that a number of rabbits recently shot on the Port Hills have b'-en found to have worms in their flesh. Specimens have be 'n submitted for scientific examination, and a report ttpon the disease is awaited. Meantime the quesiton has been raised whether rabbits should not be brought under the acts relating to meat .iusrjeetiouc