TROTTING SENSATION.

Star (Christchurch), Issue 17348, 13 May 1924, Page 1

TROTTING SENSATION.

SUPREME COURT TRIAL BEGINS. ALL SMOKE’S RACE AT OTAHUHU. The hearing of the “ ringing-in ” charges, which, it is expected, will occupy the Supreme Court for at least a week, was commenced this morning. The presence of a large number of men in the gallery', denoted the interest which was being taken in the cases. The witnesses’ stand was full, and the back of the court was taken up by jurymen. In front of the jury box a skin was prominently exhibited. It looked black, but the question of colour was later to be discussed in the evidence.

The first case was that dealing with a race at Otahuhu. William Williamson, Charles Hopwood Capes and Alfred Tucker were charged with conspiring with each other to defraud the Otahuhu Trotting Club by substituting an unknown horse for All Smoke. There were four counts, including two of attempting to obtain from the Otahuhu Club the sum of £75 by a certain false pretence hy representing an unknown trotting horse to be the trotting horse All Smoke. Accused pleaded not guilty. Mr Donnelly appeared for the Grown, Mr Hanlon (Dunedin) appeared for "Williamson and Capes, and Mr Thomas for Tucker. The following jury was empanelled: —Messrs J. D. Baunton (foreman), J. G. Greaslev, K. T. Prisk, L. N. Sonne. W. G. Brett, A. J. Hoare. W. Lloyd, H. W. Patton, Robert Wright, A. G. Brightmore, B. C. Brown, and J. G Lattimore. Some care was taken in the selection of the jury, the Crown Prosecutor ordering seven who were called. to stand aside, and the counsel for the ■defence challenging six. Tn reply to his Honor, the Crown Prosecutor said that another jury would not be required before to-mor-row afternoon. Waiting jurors were therefore re leased till 2.15 to-morrow.

CASE FOR THE CROWN. The Crown Prosecutor said the accused were charged with offenc3s which were known in popular language as ringing-in a racehorse. The accused Williamson had been engaged in the occupation of trainer and driver but had also followed other occupations. Capes was a fruiterer, and Tucker was employed by him. i Tn recent years,. Mr Donnelly, said, the sport of trotting had increased in popularity until it had become one of the great pastimes of the people of New Zealand. The charges therefore had been given great prominence in tire newspapers, had been freely rml widely discussed, and most members of the community had arrived at some opinion of their own as to the merits of the charges. It was his duty to remind the jury that they were the judges of the three accused, and it was their duty to dismiss from their minds any preconceived opinions that they might have about the matter. Tt was for them to be guided by the evidence and to see that the accused received as fair, calm and impartial hearing as those people who lad been tried the previous day for minor and less spectacular. offences. It would be a regrettable thing if notoriety attained by. a person were to prejudice his trial. I The evidence in the case was circumstantial. in a conspiracy case it i was impossible to obtain any direct' evidence. The case for the Crown ' m this instance was based on actions I and conduct of these three men. j ETHICS OF RACING. Opinions might differ as to the ethics of racing but there was no doubt that the sport of trotting constituted the amusement of a large number of honest people. The average racegoer did not gamble as a rule beyond his means, and although he hoped to moke a profit his past experience generally showed him that he could not do so. However he regarded the money well spent for j the amusement that he got out of it. 1 That being so the offence of ringing-in j was a despicable and mean one because . it was a fraud on everyone who went to the racecourse. If it was proved ' that the accused planned to ring-in the horse unknown in substitution for j All Smoke at Auckland it meant that j they attempted to put their hands in ! the pockets of every person on the race- ; Air Donnelly proceeded to review tli.e accuseds’ connection with All Smoke. He said that the name of the horse that ran in the races was not known as it had, boon destroyed. From what was known of the real All Smoke, however. it was certain that he would not have appealed as a winner of horse races. He was a bad horse, with a • worse record and no honest, intelligent person would have bought him to win a race in a big meeting like Auckland. A FRESH STATEMENT. Tn Christchurch Capes engaged a man named Bennett to drive the horse at Auckland. Bennett asked what was the name of the horse and Capes said that j it was something they had been keeping. He said he would not tell his , name then as he wanted the horse" to pay something. Later Bennett called at Capes’s shop and got his boat ticket and £5 for his boat fare. This was a statement made by Bennett recently, and was not the one he made in the lower Court. After the race meeting. Williamson and Capes were seen going to the boiling down works with a horse. The horse was destroyed, and subsequently the hide was handed over to the police. It could be seen from the hide that the horse had been painted up ; underneath the black a bay colour could he noticed when the hair was ruffled. The real AH Smoke was discovered by Detective Gibson on the premises of a man named McDonald, and was outside the Court for the jury to see if tjhey desired. EVIDENCE ALTERED. Referring again to the evidence of the driver Mr Donnelly said that in the Lower Court Bennett’a evidence

was that he was not retained in Christchurch to drive the horse, but that Capes asked him to drive shortly before the race. Since then Bennett had given notice that lie proposed to alter his evidence and through his solicitor he had forwarded a statement of what he now said to be a true story, namely, that he was specially engaged in Christchurch and his fare paid by Capes and Tucker. Ho did not know what he was going to drive ; he was told that it was a pretty good horse aud that they had been keeping him for some time. After the meeting he saw Capes in Auckland and was told that All Smoke was sore and had been left in Kelsey’s paddock. Later he saw Tucker, Williamson and others, who said that All Smoke had been destroyed. Bennett then expressed the opinion that there was something wrong. When he was in Auckland Bennett was told by Capes to say that the engagement .was made in Auckland. He thought the reason was that Williamson, who was in charge of the horse, was an experienced driver, and that the statement was for the purpose of not hurting the feelings of Williamson. In Christchurch Bennett met Canes when the latter was on the road to the police station and Capes told him to stick to the story. In the lower Court Bennett did so as, lie said, he was afraid of getting into trouble. The jury would see Bennett in the box; he was a timid, stupid sort of an individual. He might be a good trainer, the Crown Prosecutor said, hut he was no more triaji that. It may have been,- on account of his stupidity, that he was selected hy the accused as a good tool to bring the successful conclusion they hoped to secure in connection with the scheme.

“ CLEAR AND CONCLUSIVE.--Counsel submitted that the evidence the Crown would bring was as clear and as conclusive as it was possible to make out against any p&uple. The. chain ot circumstantial evidence was a long one lmt there was not a link missing in the chain. A good deal of criticism might be made by the eminent counsel appealing for the defence. Human testimony might have a number of imperfections, but tho hide, though a dumb witness, was a very eloquent one: it could not lie. It was evident that the skin had been painted or coloured. The Crown Prosecutor’s-opening review of the case occupied over an hour.

THE FIRST WITNESS. Robert Leslie Absolem, secretary of the Otahuhu l rotting Club, gave'evidence ot holding a trotting meeting at Otahuhu on November 21 aud 24. wnen ' on the first day tne Introductory .Handicap, for horses which could not do better than 2min 28g.ee to the mile was held. He produced the nomination forms for All Smoke for the introductory.. Handicap on the first day and for the Innovation Handicap on tne second day. 'the nomination lonn was signed by Tucker. J. and J. M Donald ow ner, the horse being described as a black gelding by Jingle Lad— -Palm Bell, un tin. nomination was coupled Mild Moa, which was described as being owned by M’Donald. 'I he form was signed bv At*Donald and Tucker. The nomination toi the second day bore the same pai titulars. The Innovation Handicap was for horses that had done not better than 2min 28sec to the mile. For the first day Vi ild Moa was scratched on November 6 by J. M’Donnkl, per A. Shaw. All Suioke was placed second to Lord Roberts on the first day. All Smoke paying £1 Bs. and | doing tne distance in drain 45 2-osee. t What right have the ciubs got to ar- I bitarily couple horses? asked Mr Don- I nelly. If the machine will not bold the ! number, the club would ballot tor { the horses that were to be coupled, replied witness. If two horses were coupled on the nomination form, what would happen then? That would be a natural bracket. Continuing, witness said that on the second day, All Smoke was ridden hv Williamson, hut broke down. The stake money for the first day had not yet been paid. Witness produced a telegram from Tucker as follows:—“No stake money yet to hand. Why the delay, ” A further telegram was received from Tucker and a reply was sent stating that an investigation was being held by the committee into the destroying of the horse almost immediately after the meeting. Mr Hanlon : When a man nominates j a horse- are the particulars given in | the race book taken from the nomination form?—Yes. Every steward is provided with a j race book ? - -Yes. j Are there stipendiary stewards for j trotting races?—Oh, yes. • I How many stipendiary stewards were there at Otahuhu? -Two. What are the duties of bird-cage steward?-—He has to see that the ■ horses are properly numbered and J that, they answer generally the pai- | ticulars of the race book. Who was the bird-cage steward on the first day of your races? —Mr WilHe drinks a little bit, doesn’t he? —Oh. yes, a little bit. Was ho not removed from duty the first day?—Well, 1 understand he had to cease duty. What is All Smoke described as in your race book?—He is described as a bay gelding. The All Smoke that was nominated was a black gelding?—Yes. Did the stipendiary stewards mako any report on this?—No.

DESTROYING THE HORSE. Isn’t a person entitled to destroy a horse under the rules? He must give a notification after the horse has been destroyed. Nobody noticed that a black horse was running where a bay horse should have been running?—No. Isn’t, it a fact that when a race is concluded, the three placed horses are inspected by the stipendiary steward ? —No; it’s not usually the practice. It doesn’t look as if anyone paid any particular attention to this horse. Well, I never saw the horse. Yes, but you had some duties to perform. Was it .not the place of the stipendiary stewards to see to the horses?—Yes. You were one of those deputed to make inquiries?—Yes. Did you search at the boiling dow r n works for the shoes?—No. Who was with —Racecourse Inspector Cullen. Did he search for the shoes?--No. Did you not speak to a blacksmith , about the shoes?—No. You were told that the hide was at the tannery?—That is so. This skin was taken down from a pita at the tannery?—Yes. CONDITION OF THE SKIN. What condition was it in?—lt was wet, with salt on the hide. When did you next see the skin?— Next day. What happened then?—l was advised to come ou,t and see the skin as there was something suspicious about it Could you recognise the skin, again? —Yes, that’s the skin. It is? Tt was wet and covered

with salt when you saw it?—l wouldn’t swear to it.' It is impossible to swear that that is the actual skin ?—-Yes. Did you see the pieces of skin being token out?—Yes. A piece of -skin was sent to the Government Analyst?—Yes. Did he say it was dyed?—No. Air Thomas : Did M’Donald’s nomination form have his address on it?— Yes, 28. Flockton Street. Was the receipt sent to M’Donald? —Quite probably. Mr Donnelly: When you were inquiring into the death of the horse, did you think that, it was anything lut All Smoke?—No. After the evidence in chief of this witness an application was made by All Thomas that all witnesses be ordered out of Court. The application was granted. At this stage the Court adjourned for lunch.

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