TROTTING CASES.

Star (Christchurch), Issue 17349, 14 May 1924, Page 8

TROTTING CASES.

ALL SMOKE’S HISTORY. SUPREME COURT TRIAL. (CONTINUED FROM PAGE 1) In the Supreme Court Bennett was further cross-examined by Mr Hanlon. The fact is that it was a man named Devereux and not Capos that you met? —Yes. He is a friend of yours?—Oh, I dou’t know. But you went to Auckland with him? —I met him on the boat. You stayed together, went to the races, and bet together?—Not much. I don’t think we bet together. Did you have any bets?—A few. Did you back the horse you drove? —No. You went up to drive a horse for Capes and you knew what horse it was? —No. TV ere you not told by Capes some time previous that bo wanted you to drive Kaloon, and didn’t he tell you in . Auckland that Kaloon had broken down ?—No. When did you first find out that it wn« All Smoke you had to drive?— When I met Capes in Auckland. Mr Thomas: After you said you would shoot them if there was any dirty work, how soon did you drive again for Cape?—l drove at Brighton (about a week or two after the conversation). Are you sure who made the statement about the horse being destroyed? ■ —-It was Tucker. KICKED THE CART. Frederick Jones, a horse trainer, living at Addington, said he had known the horse All Smoke for over two and a half years. He had trained the horse for Mr George King, of Washdyke. In April, 19541, witness was not training the horse, but saw the horse run in a race for amateur riders. Witness did not race the horse at all. I tried to train him in harness,” witness said, “ but he kicked the cart to pieces and jumped the fence with part of the cart. He cut his front arm.” Witness identified the horse which he vas shown by Detective Gibson as being All Smoke. When driving the hoi so m harness witness used to check the horse s head up so that he could not get his hind part up. Witness did horse was a racing proposition for harness events. To Mr Hanlon : From 1921 onwards lie did not know anything about the hone He did not think the horse as likely to have improved in habits. You couldn’t do any good with him in harness ?• —Yes. y° u say that because you could ‘not do any good, no one. else could? r.Gse might try to break him into harDo you think a horse could be broken horsG° arneSS m tw ° years?—Not this HORSE WITH A RUG ON. William Kelsey, a trainer, residing at Epsom, said that on the night ot November 13 he saw a stable boy named J? air ley and instructed him to get the hors© Bluewood from the accused Williamson. Witness saw Williamson at the Otahuhu races and paid Williamson £1 in connection with the transport expenses of the horse. Williamson asked for permission to put 3 r!? rS S a P adclock leased by witness. He did not mention the name of the horse. About three weeks after the meeting Capes came to witness’s house, stating that he wanted to get the horse that Williamson left. Witness referred Capes to Coyle, the owner of the grazing paddock. Next day witness saw Capes with a black horse, whieh had a rug on. It appeared to walk freely. Capes asked for a feed, stating that ho was leaving bv train Witness had riot previously grazed any horses for Capes, nor had he railed or shipped horses for any of the accused.

Mr Hanlon : We have been told that the horse which is said to have raced as All Smoke broke several times; would you say it was a good horse?— 1 would say it was erratic. 1 am . putting to you what I M °j l ‘ ee * f was °n a racecourse and backed such a horse.—You would feel sick, sir. (Laughter). His Honor: If there are any further interruptions of that kind I shall have the Court cleared. Order must bo maintained.

Continuing in reply to Mr Hanlon witness said a horse whieh broke so frequently was either a green one or a u old horse that was very erratic. The hors© which Capes had was something like the one outside the Court—it had plenty of bone for a racehorse Mr Donnelly : It is a common thing to see a good horse break?—Quite ;* usual thing for a trotter. His Honor: It passes from a trot to a gallop?—Yes, when it is overdriven a horse changes its gait. Herbert F. Coyle, bootmaker. Mount Eden, said he leased a paddock’ to Kelsey. On December 14, a men who gave his name as Tucker came to pay lor the grazing of a horse. THOUGHT IT WAS CAPES. W hen asked to identify the man from the accused, witness said he thought it wus Capes who came to his place. James M’Douald, upholsterer, residing at 28, Flockton Street, said the shop at which he was employed was next to Capes’s. Witness knew Capes. Witness owned a trotter called Wild Mca, but he did not authorise the nomination of the mare for a race at Otahuhu. The first thing he knew about it was when he got All Smoke. ■ er af,k ed witness to go and get the horse from a man , rancis, at St Albans It was then Tucker told lum that he had a horse in a slow class, and he had used witness’s name for coupling purposes and then scratched her so that he could have it on his own. Tucker said he had put witness dow n as trainer and told him that he was to say that he had trained tbo horse. Tucker said the trotting authorities would be making inquiries and he asked witness to make the statements referred to in order to save his license. He was also to say that when the Horse came back it was lame, time?—Yes S llo * Ee rß sistered at the "ho registered it?—l did. Hid you mike out the application in your own handwriting ?—No- Cam: did. I signed it. ’ When was it registered ?—About September 27. T\ hen it was registered, the horse had to be identified and inspected bv the trotting authorities. Who took the horse?—Capes arranged that. ho paid the registration fees; 1 Capes gave me the money and I went cud paid it. Witness said that he put the horse All Smoke into his own paddock to run there. k ut nn hour later the police took possession of it. You knew that Wild Moa was going to run at Otahuhu?—Not till afterwards

Well, L can’t understand why Capes »as taking such an interest in the re-

gistration of your horse?—T can explain that. In September Tucker said that Capes had a horse he wanted to race at Auckland in October, and lie was looking for another horse of that class that he could couple with it They did not come for tho horse. I asked Tucker, and be said that the deal was' off. The next time they helped, themselves.

You mean that they nominated the horse without your authority?—Yes. At this stage the Court adjourned till 2.15.

”1 DON’T REMEMBER.” Mr Thomas : Do 3-ou remember seeing Tucaer oeiVAre the Otanuhu meeting and his teiiing you that All Smoke was going up in enurge of Wiliamsou and Capes ?—No. Did be say' some horse was going up? —1 don’t remember. His Honor: Can you say wjtiether lie or did not?—l don’t think”he did. You gave a statement to the police, setting out the dates Tucker told me, and you subsequently' corrected it? —l gave a statement to the police. There was nothing said then about it being crook. You knew about the momination?— Yes, when I got the horse. H© wanted to protect his license. I did not think there anything wrong about that. You corrected the statement later?— Yes, after I heard whac happened in Auckland. Frederick John Beere, detective, stationed at Dunedin, said that on Jan iary 4 he interviewed Williamson, who made a statement about a number of horses, including All Smoko. He said that he had trained All Smoke along with Jim M’Donald. Chief Detective T. Gibson said that on January 9 he went to M’Donald* piemises. Mr Norris, of the Trotting Association., was with him. In a section at the back ot the house, there wa3 a black gelding, of which witness took possession. That was the horse outaide the Court. From there he went to Capes’s shop in Colombo Street. In answer to witness, Capes said: ”1 was m Auckland with Williamson. We never had a horse destroyed there. *

have taken the advice of a solicitor, and he advised me not to sign any thing.” Immediately after leaving Capes s shop, he met Tucker, who said that All Smoke was His property, and that he ran it at the Otahuhu meeting. He said that Williamson haa taken it there, but he had not brought it “back. It came back later, and hi (Tucker) tpolc it off the boat. Later Tucker came to the detective office-with a man named Devereux, and said that he had brought Devereux to identify the horse as All Smoke. Witness sail that he was satisfied the horse was All Smoke. Tucker, in his statement ia witness, said-that he had nominated a horse called Wild Moa with All Smoke Mr Hanlon: Is it a fact that there is a man at Lyttelton kept there by the Trotting Association to check the arrival and departure of horses?—l have heard it from hearsay. Did you make any inquiries in Christchurch or Lyttelton with regard to Capes taking horses north about this time ?—lnquiries were made at Wellington.

Were inquiries made from the Union Company regarding arrangements by Capes and Williamson to take horses north?—l made inquiries but I don’t think there was anything I could make use of.

Did you cause inquiries to be made of a man named Hardwick in Wellington, about a horse called All Smoke?— About a horse. I don’t say it was All Smoke.

And what was the result? —That a horse had gone up and had been sent back.

William Henry Larcombe, clerk in the New Zealand Trotting Association, produced the records regarding All Smoke. They showed that the horse was purchased by A. Tucker, of Martin Avenue, ou October 26, 1923. At one stage he was owned by a man named George King, of Washdyke. All Smoke started once in his career, according to the records. He started in the Amateur Handicap at Timaru on April 7, 1921. From then till November, 1923, he did not start at all. Witness recognised the handwriting of Charles Capes on a nomination form. The secretary of the association (Mr Norris) and witness saw Capes on January 7. Witness Was under the impression that Capes said he did not go to Auckland.

Mr Hanlon : Do the association keep a man at Lyttelton?—There is a representative there. Did he report the departure and return of All Smoke?—He reports only on imported horses.

The case for the Crown was concluded at 2.50. No evidence was called for the defence.