SPORTING NEWS.

Star (Christchurch), Issue 8677, 18 July 1906, Page 1

SPORTING NEWS.

FAR AND NEAR. (By THE POSSIBLE.) The legal position with regard to gambling debts has frequently formed the subject of discussion. An English exchange to hand by the last mail refers to the> subject as follows : — Recent cases under the Gaming Acts establish two points — one, that the courts can decline to give effect to a claim wiich arises out of a betting transaction, whether the Gaming Act be pleaded or not ; the other, that an agreement by a person sued on such a claim not to- plead the Gaming Act is null and void, as being in effect an attempt to prevent the operation of an Act of Parliament. We recently commented on a case of the former kind. An instance of the latter has occurred in the King's Bench Division under rather peculiar circumstances. A man had been sued in respect of a bet, and had given notice of special defence on the ground of illegality under the Gaming Act. Subsequently he signed an agreement under which he gave bills for the sum olaimed, and at the same time undertook to withdraw hie plea of the Gaming Act, and not to .raise it again. He withdrew his plea, but afterwards withdrew his withdrawal, and the case proceeded to trial. The plaintiff attempted to rely upon the agreement which had been signed, and which it was eaid disclosed a good consideration, for the withdrawal of the plea of the Gaming Act, inaemuoh as the defendant thereby esoaped being "shown up" in court, which, it wae contended, would have been very detrimental to his reputation. The Court, however, declined to entertain this argument. It was pointed out that the agreement was. an endeavour to prevent the defendant relying upon a statutory ground of defence, namely, illegality, and was not enforceable in law. Stripped of technicality, it is clear that no attempt, however ingenioue, to pre- ; vent a plea, of illegality being put upon ! the record will find any favour with the courts, and there is no doubt that the Gaming Acts are a very efficient bar to the recovery of bets. They do not, however, prevent a person recovering money from an agent who has received payment of a bet on his behalf, as has been proved in many oases. An Australian visitor who saw tlie Epsom Derby ran was particularly surprised at the fact that not the slightest enthusiasm was manifested over the big event; in fact, a stranger might have thought a selling race was being decided. Though the attendance was 6a id to be a record one there was hardly a cheer raised when Spearmint scored an easy victory, and he was allowed to be led back to scale from the middle of the track by his owner in silence. The absence of any demonstration, was all the more remarkable beoauee the winner was the overnight favourite, and left the paddock in almost equal demand with Lally. Possibly the cool reception may to some extent have boon due to the fact that, though the ©alt was so heavily backed, nearly all the money was secured by the stable, who were able to get the strength of Spearmint through his stable companion, Pretty Polly. According to Mr John Corlett, who has had fifty years' inside experience of racing in England, the turf has never j been in a better state than it is now. The majority of the leading owners, men lik» the King, Lord Rosebery, and the Duke of Devonshire, set a good example by not betting at all. The professional owner and big bookmaker owner are dropping out. So are those old-fashioned ''coups" with "readied" horses, which were run on the non-try-ing system for months without the stewards offering any objection. Nowadays the stewards ask for an explanation of inconsistent running. In earlier times, writes Mr Corlett, " it waa the exception, rather than otherwise, for a big handicap to be won by a horse that had not been < readied' for it. That is not so now. In nine cases out of ten a big handicap is won by one of the best-known horses in the race." The South African millionaires are, Mr Corlett says, the greatest of the gamblers now on. the turf, but their outlays are small in proportion to their wealth, and when that is the case it ceases t» be

gambling. In the sixties the leading owners, with the Marquis of Hastings at their Head, bet very heavily. It was the fashion at the time. But nowadays men of that stamp eschew gambling on their horses, and the turf is all the better for it, but betting goes on. There is no diminution in the number of bettors, but the money at stake during the year is probabty less by thousands of pounds than when the leaders of the turf thought nothing of putting a thousand or more on a race. There is a decided difference of opinion, among the English, turf writens, regarding the quality of the three-yea.r-olds that Spearmint beat in the Derby. It was admitted before the raoa that it was >a ease of heads only between several of those, engaged, and this fact was regarded by some of the critics as evidence that none of them could be much good. A writer m Life held strongly that they were a moderate lot, and especially Spearmint. On the day of the race he wrote that he would be "astounded " if Spearmint won the race. After the race he made the following remarks :— " Clearly it is almost a cass for sackcloth and ashes. With the record of Spearmint's victory confronting me I can do no more than humble myself. In opposing Major Loder's colt I acted, as I thought, in accord with the dictates of common-sense-. But this Derby has all through the piece been governed by mysterious influences. I candidly admit that the result of the contest astounded me. When the etory of the Derby of 1906 is read by succeeding generations, it will seem like a fairy tale. During the winter, Admirable Crichton wag supposed to be the Clarenaven Lodge Derby champion, but he did not flourish, and dropped out of the calculations. Then oame Flair, whose easy victory in the One Thousand proved that she more than retained the splendid form she displayed in. the autumn, and convinced the majority of people that the Derby was at her mercy. The next we hear is that she has broken down, and been withdrawn from the great Epsom race. Universal sympathy is expressed for those associated with the stable. A few days pass, and then we are told one fine morning that another Derby winner has been unearthed from the same establishment ! Are there -regiments of them at Clarehaven Lodge? It appeared to some of us that the pill we Avere asked to swallow was rather too liberally sugared. The reports as to what Spearmint could do when pitted against Pretty Polly were unbelievable. The colt's two-year-old form gave one no encouragement. Indeed, the whole of the circumstances were of such a character that one felt entirely justfied- in assuming the rule of a sceptic. And now the impossible has come to pass. Well, well, well! It only shows what a wonderful game racing is. Those who went on to the house-tops and proclaimed Spearmint as the winner of the Derby are entitled to all the credit and personal satisfaction they derive from the verification of their prophecy. We who took a contrary view will, no doubt, still be able to rub along, even though we are humbled, for the time being." "Vigilant," of the "..Sportsman," was another who set them down as moderate, nor would he take any other view, even after Spearmint's victory in record time. He prefers, he says, to wait a while before finally deciding what rank Spearmint is entitled to take in comparison with previous Derby winners. The " Special Commissioner," on the other hand, thinks most of the Derby colts will prove equal to winning good races. As for Spearmint, he formed a high opinion of him after seeing hini a fortnight before the Derby, and he made him his selection for the race. It ia stated that Spearmint defeated Pretty Polly in a trial, aoid on the strength of this the stable backed him heavily. That Pretty Polly was in form ehe showed by her easy victory in the Coronation Cup ; and Spearmint subsequently emphasised his Derby victory by defeating the best French three-year-olds in the> Grand Prize of Paris. The "Special Commissioner," being a consistent supporter of colonial horses, was pleased at Spearmint's vie' tory, and on the morning after the race ; he wrote: — " Next to seeing a Trenton win & Derby/ 1 am beet pleased to hay« ee&n a Carbine do the trick; and now j at last we have reached a point when the long lesson t© breeders, which I . have tried, according to my lights, to teach, is touching its fruition. Ceaseless inbreeding has been destructive to the British thoroughbred for a long time past, and now there comes a fortunate bolt from the blue— in otner words, a great Derby winner without a drop of Galopin, Bend Or or Hampton blood in hra veins." Furth&r on he says this victory is the best thing done for the benefit of the British thoroughbred in recent years, because " at last we have got & great horse with free lines of blood in him." Mr Henrys, the Canterbury Jockey Club's handicapper, lost no time after the conclusion of the Wellington meeting, and the weights for the three principal event« at the Grand National meeting duly made their appearance <m Monday morning. With (the results of recent meetings to guide him, the handicapper has apparently succeeded well in concealing the winners, and the three races should bring forth good contests^ unless they are spoilt by influence^ over which Mr Henrys has no control. ' That Signalman would head the Winter Cup list was generally anticipated, and after his form this season he cannot be discarded. Gold Crown, Exmoor and Kremlin seem well placed. A year ago Kremlin won, with Exmoor third, and as he is only asked to concede 21b for his victory Kremlin must be held to be nicely treated. Welbeck would be hard to beat if at his beat, but I prefer to leave him alone at present, as he has been off the scene for a long time. Waikato has recent form to recommend him, and Polyanthus is another that must have a chance. Gawain will probably be hard to beat if the distance does not trouble him, and Maui, after his running at Wellington last week, is not harshly treated. Rose Madder had a lot of friends for this raoe last year, but she went wrong, and, though her latest form is not encouraging, I am prepared to see her run well. Bulawayo strikes me as one

of the likeliest horses in the race. He has not raced for some time, but he has been doing some very solid work at Riccarton during the last month or two, and I would ac soon have him ac anything in the race. Shrapnel Shell and Tirole are nicely in, and Chryseis might be worth consideration but for the fact that she is so unreliable. Of those lower down I have most liking for Blythemaid, Ellerton\ Aboriginal and White Star. To name half a dozen, I would take Signalman, Kremlin, "Waikato, Maui, Bulawayo and Gawain. In connection with the Grand National Steeplechase there is the serious difficulty to be faced that very few horses of the present day seem capable of successfully negotiating the Riccarton country, a fact which renders the task of dealing with the race a -good more troublesome. That Kiatere Tould be top weight was generally anticipated, but Mr Henrys has evidently been impressed with Sol's Auckland form, as he makes a very slight difference between the pair. Kiatere has a minor victory to his credit this winter, but the opposition was poor, and he has not been let off too lightly for the coming race. A year ago, with 12§t 61b, he fell v. long way from home, and this must always count against him. Sol is much more to my liking, though I cinnot overlook the. fact that, judged on the reports of his Auckland displays, he appears to chance his - fences a bit, a fault that will not be in his favour at Riccarton. Slow Tom is nioely treated, and if he has suffered no ill effects from his fall at Wellington he should be very dangerous, as he is very well at present. Haydn appears to have seen his best day, but I have a strong regard for Swimmer. He will I be meeting Sol on B]b better terms than in the Great Northern Steeplechase, an allowance that should materially assist him, U> turn the tables. Comfort I will discard, ac he may not have recovered from the injuries he received at Napier. Eurus is nicely in, and must be given a big chance after his display at Wanganui. Hautapu is lenientjy handicapped, but I do not fancy him for a race like this. Phaetontte is fairly treated, and if he were a more reliable fencer I would give him a good chance. Some of his efforts at Riocarton, however, have prejudiced me against him. Irish^ is given a good show, considering hia performances this winter at EUerslie, Hastings and Trenfcham. Barring accidents, however, I should expect to sea Sol defeat him, as Irish has to make him an allowance of 121 b for beating him at EUerslie last month, and the extra distance may also favour Sol. Nadador oan have no chance on her showing last yea.r. Bakaria may be wortli considering, and Rongoa's victory at Wellington entitles him to respect. He fall on the second day, but when ,he won he did not touch a fence, eo< that foe may not find the \ country at ail troublesome. Moccasin has been given a good chance, but I j have no fancy for Play fair after his ; form at Trentham. Baritone is reported to be a likely oandidat*. Pipi's admirers claim that he is better t!hau ever this year, but he is getting too old to improve much. He must, however, be held in respect, if only on acctHMit of his fin« jumping and knowledge of the course. Of 'those on the minimum the only pair I fancy are Narcissus and Graduated Tax, a pair of fine jumpers that may, however, be troubled by the long journey. The halfdozen most to my liking are Sol, Slow Swimmer, Eurus, Irish, and Ron*goa. The handicaps for the Grand National Hurdle Race will stand a lot of pulling to pieces. Hautapu has probjably earned his impost, but after seeing him perform on. a previous occasion at Riccarton I have no fancy for him. ExmooT has been, pioked out ac a likely winner, and has already beenwell backed in. doubles, but his two displays at Trenthaan were disappointing. It is said h« can be improved yet; but I B^ouJd fi>ay he will n*-ed to be a better horse nest month to beat Shrapnel, who is very favourably treated after last week's showing. The Molhioaaii I will pass over, as he is not likely to be seen at his best. Auratus is an unknown quantity, but if ho can jump be. will ba v«ry hard to beat, a remark which also applies to Welbeok. Kremlin is not overburdened, considering his on the flat. He is in the same stable aa Shrapnel, two other ©andidates from thie quarter being Black Reynard and Lull. The lastnamed ia in. near tie minimum^ and if the reports I hear concerning him are correct he .may spoil the maoe. In any case ihe> elect of Hall's stable ie sure to run well. Cuiragno's display at Trentham entitles him ts> respect : in^ deed, he looks one of the picks ©i the handicap. Pushful is nicely in and should run well, as should Hydirant. A horee that raced unsuccessfully at Trenthaon, in Asteroid, is one that appeals strongly to me, and I will not be surprised to find' her playing a pro-

mineht part in the race. Ability has been given a fair ohance of success, and a novice that reads well is Waikato, concerning whose jumping I hear good acoo.unts. Romany King has been given a chance, and of those further down, the best may be Prospector and Tirol©. To sum up I take the selected of Hall's lot (Shrapnel, Black Reynard, Kremlin and Lull), with Exmoor, Cuiragno.. Pushful, Asteroid and Ability to provide the winner.