TROTTING SENSATION.

Star (Christchurch), Issue 17349, 14 May 1924, Page 1

TROTTING SENSATION.

WHAT HAPPENED AT OTAHUHU.

DRIVER BENNETT GIVES HIS VERSION. 44 SAID WHAT CAPES TOLD ME TO” The second day’s hearing of the 44 ringing-in ” charges again attracted a good deal of interest. On the lawn, outside .the Supreme Court All Smoke grazed under the restraining hand of a constable, who held the end of the rope bridle. Inside the Court the chief topic was whether the horse, which looks a little in the rough at present, actually ran at the November meeting of the dtahuhu Trotting, Club.

SECOND DAY’S HEARING.

Mr Donnelly appeared for the ■ Crown. Mr Hanlon for Capes and M illiomson, and Mr Thomas for Tucker. William Williamson, Charles Hop- , wood Capes and, Alfred Tucker yesterday pleaded not guilty to the following cha rgen : (1) That on November 17. 1923. at Christchurch, they did conspire to defraud the Otahuhu Trotting Club. > (2) That oti November 3«, at Christchurch, they did conspire to commit a crime punishable by three years’ imprisonment with hard labour, to wit, the crime, of obtaining money from the Otahuhu Trotting Club' with intent to defraud by representing a trotting horse unknown to bo the trotting horse AH Smoke. (3) That on November 21, at Auckland. with intent to defraud, they did attempt to obtain of and from the Otahuhu Trotting Club the sum of £175, by representing a horse unknown to be the trotting horse All . Smoke. (4) That on November 24. at Auckland. with intent to defraud, they did attempt to obtain of and from the Otahuhu Trotting Club the sum of £175 by representing a horse unknown to be the trotting horse 411 Smoke. DETECTIVE’S STORY. The first witness to-day was Detective iH. E. Knight, stationed at Auckland. He gave evidence as tt> making inquiries in the present case and “in consequence of information received,” ne, visited Sutherland s tannery at Onchimga. He saw Nelson, examined the hide, and took possession of it. Subsequently on February 23, it was examined by M Griffon, Government Analyst, who evt from the hide three pieces. Three oavs later witness secured two pieces of natural black horse hide, which he handed to Griff en for purposes of comparison. Witness was present at the Otahuhu Club’, meeting when a horse called All Smoke ran second in the Introductory Handicap. The same horse started 108 vards behind in the Innovation Handicap the second day. The horse had caught the fiel i after the first time round, when it appeared to witness that it overreached, striking its hack leg on the front legs, and going very lame. When the horse reached the bird-cage it was practically lame. The horse outside the Oourt was not the one at Otahuhu. “ AND I BACKED HUM ” Mr Hanlon: You took particular notice of this horse?—Yes, because he resembled a horse that 1 had previous ]y seen run; also on account of his stvle. Was that with a view to backing him?—Yes, I did back him. Did you notice anything peculiar about this horse?—Yes, in the first cat>e to my mind his coat was of peculiar brilliancy. He was black and he bad round bis eyes a bay circle and also a bay muzzle, which gave him a peculiar appearance. He was also bandaged on both front legs to the knee. Did you notice that this horse was described as a bay gelding?—No. -That is i>«culiar for a detective?---I don’t know that you are quite coriccl : it had a “b” which might mean bay or black. Do you mean to tell me you are a detective, go to races, and don’t kno.v how horses arc described?—There are often errors. And didn’t you notice this in the book? T had the horse in front of n.c, which was more material than the took. Have you ever seen a black horse with a bay muzzle?—Not to such a degree as this. Did you make inquiries with a view of reporting it?—l did, but when the horse returned a cover was put on and he was put in a loose-box, so there was no chance of looking at it. STABLES NOT OPEN. The stalls are open?—No. not at Otahuhu. Three-quarters of them are closed. And you didn’t get a chance?—'T did not consider it was worth going further. His-Honor : Had you any official position as regards the club v —No, nor as legartls the racing. “TREATED WITH A DYE.” Kenneth M. Griffon, Government analyst at Auckland, gave evidence that he had examined the pieces of hide given him by Detective Knight, and he had found traces of copper in the hair. Witness separated the two layers of hair—black and bay—and found that the black layer contained mere than four times as much copper as in the brown part. There was probably no copper in the brown part at all, but it was likely that some of the black hairs were included in it owing to indifferent separation. From his examination he believed that the hair had been treated with a dye containing copper. On February 26, Detective Knight handed witness two pieces of black horse hide ; he examined this and found no trace of copper. Mr Hanlon : We have been told that Mr Parker (an analyst) has said that there was no dye in the hide?—f should very much doubt that he did Tf a horse with an itchy skin was washed with a copper sulphate mixture j would it turn the hair black?—Yes, if it was left on for any length of time.

“HA RDLY I.IKELY. ’ ’ Mr Donnellv- Do you think the hide looks as if tile horse was washed because he had au itchy skin? It u> herdlv likely that they would wash it all' over. It is a very nicely fimshTho Crown Prosecutor; They all sav it looked better when he was alive. BENNETT S EVIDENCE. David Bennett, horse trainer, residing in Christchurch, said he hadheld a license for eleven years. During that time he had not been involved in any trouble so far as his driving and training was concerned. He knew the accused. Capes, Williamson and Tucker. He had driven horses for Capes before; he drove Willie Lincoln at the Cup meeting, and won the last race of the day for Percy' Capes, brother of accused. During the November meeting be was in Capes’s shop to see what race Willie Lincoln was to start in on the last day. Charlie Capes asked him if he was going to Auckland. Witness said he did not think so. Capes said that if he went up he w’ould give him a drive and would pay expenses. In reply to witness, Capes said it was a good sort of a horse which he had been keeping for a while, he did not tell witness the name. Witness agreed to go, and on the day of his departure for Auckland he called in at Capes’s shop and got his steamer ticket and £o. W bile on the train he got a telegram from Capes to go to the Criteribn Hotel at Otahuhu. TV itness did not go, but stayed at the Koval Hotel in Auckland. He saw Capes at the Trotting Club rooms in Auckland and accused said that w itness could have gone out and stayed with him and Billy Williamson. Witness asked what horse he w r as driving, and Capes said it was All Smoke. W itness had not beard of the horse before. He pulled out the book and had a look at the breeding and asked if it was one of Mr Kitchingham’s. Capes replied : “ Yes, he bred him.” The races were postponed ori account 1 of the weather. Williamson reached the course with the horse while witness was there. "Williamson said he would go back again. Witness saw Capes on the road back to town and told Capes he was going home. Accused Capes said that he might as well stay. Witness wanted to get back as he had horses racing at Dunedin. In the same conversation Capes told witness to say he was engaged in Auckland ; he was given to understand that this was clone because Capes did not want to fall out with Williamson. On the day of the races witness noticed the horse was described as a bay, and Capes said it w r as a misprint. Witness had not driven the norse before, and he rang up one morning and asked if he would go out and drive it. Capes replied that Williamson had worked the horse fast that morning and he did not want any more. Capes, in his instructions, said’ the horse was a hard puller and just asked witness to do his best.

BROKE A GOOD DEAL. Witness did not back the horse and was not to receive more than the usual percentage. In the race the horse brokq a good deal and got second. If he had kept down he would have been first It seemed to have fair speed. On returning to the birdcage witness said to Williamson that the horse was a hard puller. The horse w'as la rue in one of the forelegs. Witness left Auckland that night; the horse was running the second day and witness lent some of his gear for Williamson to ride the horse. Subsequently Capes returned the gear. Witness saw Capes aftcii the Dunedin races and accused said that All Smoke was pretty sore and had been left in Kelsey’s paddock. On witness’s next visit to Cape’s shop Tucker. Williamson and Hulston were there. Tucker said the hofse hod been destroyed. Witness asked what was wrong and Tucker said that the horse had broken a bone in his leg during the saddle race the second day. Witness thought that there was something wrong and said that if there was any dirty workgoing on lie would blow their brains out if they got him into trouble. He told them that he could get plenty of good horses to drive. Williamson said : You have got nothing to worry about, Dave. Everything will be all right.” Mr Donnelly: When you gave evi. deuce in the Lower Court you said that you were engaged to ride this horse at Auckland and that you hao gone up for a holiday. Which is the truth? —The statement I have made “I WAS FLUSTERED.” Why didn’t you tell the truth to tlie Magistrate? 1 just .said what Capes told me to say. 1 didn’t think never been in a Cotirt before. I was flustered and 1 hardly knew what I And later you sent a fresh stateMr Hanlon: Do you remember the Magistrate warning you and urging that you might as well tell the truth? —I remember Mr Bundle saying someDo you mean to say that you were so bustled that you could not x tell the difference between the truth and the lies?—No, I don’t mean to say that. What you told the Magistrate was untrue?—Some of it. I suppose you got frightened that you might get into trouble with the trotting authorities?—l don’t know about that. His Honor: What induced you to make the other statement?—That was the truth. “WAS WORRYING.’’ Yes, but what brought you to it?—

After the case T was worrying about it and T went and got advised about the matter. And you sent a statement to Mr Donnelly ? Yes. And that was done to save yourself from/ the consequences?—lt would not save me. When you sent in the second statement did vou tell the truth then?--Yes. Do you remember saying that when vou gor. off the. car (when en route to the Police Station) Capes met' you and told you what to say?—That was a misprint; it wasn’t Gapes. Wasn’t the statement read over to you?—Yes. Did you notice that? —I told my solicitor to have it corrected. Why didn’t you correct it before you signed it?—l never noticed it till after I signed it. I told the solicitor and he said it would be corrected. Was that the day you signed it?— No ; after. Was it read over to you before you signed ?—Yes. Did you notice it then? —No. Afterwards. (CONTINUED ON INSIDE PAGE.)