WILLIE LINCOLN OR EULIUS?

Star (Christchurch), Issue 17351, 16 May 1924, Page 1

WILLIE LINCOLN OR EULIUS?

ANOTHER “RINGING-IN” CHARGE. LIGHT ON A POVERTY BAY EVENT. DRIVER BENNETT AGAIN GIVES NEW EVIDENCE. The Eulius case—the trial of four men for alleged conspiracy and fraud in connection with the running of a horse at Gisborne—was continued in the Supreme Court to-day. The public interest which attended the hearing of the All Smoke case, in which the accused were found guilty yesterday, continues in the present proceedings. Another case dealing with alleged ringing-in in connection with the running of the horse Look Out will be commenced on Monday.

ALLEGED CONSPIRACY.

shop in Colombo Street; the Capes brothers ran the business, and Tucker worked for them. On on© occasion when lie went in Tucker was also there. Mr Hanlon: T understand you knew nothing about the possibility of driving Eulius till you were up in Gisborne? —Nothing whatever. You ’hadn't heard ft word from them before that?—No. And the first words h© said wer© • Hello. Dave. "What are you driving in the big race ” ?—-Yes. How many days was that before the race?—Two or three days. I would not say for sure. ■ TELEPHONE TALK. Did you have any telephone communication lrom them?—Yes. What about?—Hulston rang me up to see if 1 could drive the horse. You drove in tlio race, and I think at one stage you thought Jimmy Richmond was going to beat your horse?— Yes, I did. And you used the whip?—Yes. Did you use it on the shafts?—l might have hit the tov. Jt wasu’t a blind for the stewards? —No; there were'lumps on the horse where 1 hit him. You were doing your best to win?— Certainly 1 was. You had no suspicion that this hois© was anything other than Eulius? —None whatever. If you wer eleft without having seen any of these horses since, you would still be of the opinion?—Certainly. Driving both has made you conclude that it was V illie Lincoln and not Eulius ?—Yes.

In connection with the events at Gisborne, Walter Medley Hulston, Charles Hopwood Capes, W illiam Percy Capes and Allred Tucker yesterday pleaded not guilty to the following charges : (1) That on July 27, 1923. at Christchurch, they did conspire among themselves by fraudulent means to defraud the Poverty Bay Trotting Club. (2) That on July 27, at. Christchurch, they did conspire among themselves to commit a crime punishable by three years’ imprisonment with hard labour, to wit. the crime of obtaining moneys from the Poverty Bay Trotting Club with intend to defraud by a false pretence by representing the hors© Willie Lincoln to be the horse Eulius. (3) That, on August 2, 1923. at Gisborne, with intend to defraud, they did obtain of and from the Poverty Bay Trotting Club the sum of £l7B 18s by means of a certain false pretence, by representing the trotting norse Willie Lincoln to be the horse Eulius. Mr Donnelly appeared for the Crown, Mr Hanlon for Hulston and tn« Capes brothers, and Mr Thomas for Tucker. Rutherford Stott, head ledgerkeeper at the National Bank, said the bank had an account in the name of the Christchurch Fruit and Produce Company. and operated on by C. H. Capes. A cheque produced was paid into the account on August 24. The deposit slip was signed by C. H. Capes. Matson and Co.’s cheque for £37 11s was also paid in, the deposit slip being 'signed by Capes. George Scott, jiinr., a member of the firm of Scott Bros., engineers, said a man named Williamson worked for the firm prior to the Poverty Bay Trotting Club’s meeting. One evening a man called at witness’s house and asked that Williamson be granted leave to drive Eulius at t<he meeting. He was keen to get Williamson, whom, ho said, was the only man who thoroughly understood the horse and that if Williamson drove the horse was sure to win. The man did not give his name, but he said he was the owner. To Mr Thomas : The man who called was not Tucker.

A CORRECTED STATEMENT. And having made up your mind that v.ay you wanted to tell Mr Donnelly and the Court,?—l did, correct, my statement. Mill you tell me when you drove Millie Lincoln after Gisborne?—At the Cup meeting in November. When was the .next time?—At Nsw Brighton in December. And have you driven him since?— Yes, at Dunedin. Was that after you had been to the shop and talked about blowing somebody’s brains out?—Yes, it was after that. Mhen did you have a drive of Eulius ?—-After 1 had driven 'Willi*Lincoln in Dunedin. After these drives did you decide that it was Willie Lincoln you drove at Gisborne?—l decided it wasn’t Eulius, but I was not sure it was Willie Lincoln. Have you now decided that it is Willie Lincoln?—Yes. In consequence of driving him?— Yes, and other thirigs that I have thought out. ."When did you make up your mind that it was M illie Lincoln?—l thought it was M iilie Lincoln at the Magistrate’s Court, hut I -was not sure enough to swear it. What is it that has made you sure? —-I have thought about the way Willie Lincoln went at different times and I was sure it was him. Couldn’t you make up your mind after you had driven him at the Cup, New Brighton, and Forhury?—T hadn’t driven the other horse. T drove him at Brighton after Forbury That would be about February? And couldn’t you make up your mind then ?—1 wasn’t sure. REARED A FEW TIMES. Did this horse you drove at Gisborne behave well ? —No, he reared up a few times. Did M illie Lincoln ever do that with you?—He did at Brighton. At anyrate it comes to this, that the story you are telling to-day is different from that von told the Magistrate on oath? -M hat T am stating now is the truth. But the other one wasn’t? His Honor: He has said ho came t, bis conclusions later. DRIVEN IN CAB. John Edward Le Briton, cabman, living in Christchurch, said that he had been driving the horse in the cab for about twelve months, and Hulston was the lessee of the horse. Eulius worked every day in the cab, and had a. run on the track now and again. He .started in Greymouth in October, and ran second at New Brighton when Mr Bryce drove him. Next he was third at Riccarton in 4min 46 2-osec for two miles. Williamson drove him then, and also at the Easter metropolitan

Alexander Fleming, a horse trainer, said he trained Willie Lincoln, for between three and four years, and had driven him in a great number of races. He identified a photograph as that of Willie Lincoln : he had no doubt about it. The horse was an uncommon type and nobody would think he was as good as he was on "his looks. Witness would not be surprised, to hear that Willie Lincoln had been whipped, as he was one of the laziest of horses •witness had ever driven. After Willie Lincoln had gone half a mile he had to be whipped up. Mr Hanlon : Would it be Sufficient to hit the shaft?—r-No, that would not he good enough. Mr Clarke said he would he surprised to learn that Willie Lincoln had to he whipped?—Well, T noticed that after he left me W used to pull , more.

BENNETT’S EVIDENCE. David Bennett, horse trainer, said he was at the Poverty Bay meeting with a horse of his called Vera Logan He had not seen Xulston or Capes before the first day. Witness drove Eulius, winning the Givborne Handicap. Hulston saw witness on the road home after the first day. He asked if witness was driving anything in the big race the next day. Witness replied that he had Vera Logan, but as she was crook lie did not think he would start her. He agreed to drive Eulius if Vera Logan did not start. He had not driven Eulius before. hut had seen him race. Witness di<l not start Vera Logan and Hulston brought Eulius into the birdcage. Witness asked how he woi\Sd drive and also if the horse stayed 3il right. Hulston replied, ”He is staying hotter lately, hut 1 would keep a good hold of him in the first part of the race or he will run himself out.” Hulston also said: “J will lay you £3O to nothing.” The horse had a hood on and witness had no idea that the horse was not Eulius. There was another Christchurch driver named Bryce at the meeting ; as Bryce had had Eulius at one time witness inquired of him as to the horse’s staying powers. BY FOT'R LENGTHS. At the start of the race the horse reared up two or three times, and went off at a gallop, but soon struck his gait. He won by three or four lengths. Witness had to use the whip in the straight as Jimmy Richmond was challenging. Hulston took the horse from witness in the bird-cage and witness went away, as he had to drive in the next race. Later Hulston came and gave him the money and said. “ Ytyi drove a good race, Dave : it was the best race he had ever run.” Witness knew Willie Lincoln, as ho bar 1 been in Fleming’s stable some time previously. He had driven both Willie Lincoln and Eulius since and was now of the opinion that the horse he drove at Gisborne was Willie Lincoln. He did not start his own hors© at Gisborne because she was not- fit; and he was advised in this connection by a veterinary surgeon. Witness admitted having changed his evidence since the Lower Court proceedings, as he had now come to thr, conclusion that- the horse was Millie Lincoln. lie knew Capes’s

meeting, when he scored another third. At New Brighton he met with an accident. It was ahout seven or eight days before the Gisborne meeting when Huiston came and took the horse away, stating that the horse had been sold to a man named Tucker, and was being sent to Gisborne. Witness’s residence adjoined that of Capes. He did not

back the horse at Gisborne, because he had had enough of the horse while in his possession. Witness was surprised to see that the horse won. also that it was favourite, with Mr Bryce’s throe good horses behind him. He saw Eulius after the meeting, and it looked as if> il had had a rough trip. Hulston previously had told witness that, he was going to get Williamson to drive. A photograph taken nt Gisborne was shown to witness, who said that it was not a photograph of Eulius—it looked like Willie Lincoln. Mr H.a.nk«i ; Do yotr knerr srhai tfe*

Gisborne race was run in ?—4min 49 2-ssec. WILLIE LINCOLN’S TIME. Mould you be surprised to hear of Willie Lincoln doing it?—l would not put. it past him; he has done 4min 16sec. Didn’t you say to Hulston, “ I knew he would be in when you put a good driver up”?-I might have said that. I wasn’t interested. 5 on wanted to buy the horse back?1 had the same opportunity as anybody else, under the hammer. Chief. Detective Gibson said that on January 29 last he took Fisken to New Brighton and let him see Eulius at work in harness. On February 2, wit ness arranged for Fisken to see Willie Lincoln on the Forhury track. Bennett had an opportunity of driving the horses. “USED HIS NAME.” Frederick M\ G. Clements, horse

trainer, said that he rode Eulius in a mile saddle race at Ashburton T The horse went badly, an 4 lost ground at the latter end of the race. After the Gisborne meeting was over, Hulsto l said that he had used witness’s name as trainer because he (Briton) had not used his license.

Shortly before Eulius went to Gisborne, did you go to I/© Briton's for the loan of a bridle?—l went for some other harness. Were Hujston and Beaumont there 0 —I don’t think so.

Do you remember askjng Hulston if Eulius was going up?—l did not. Was there anything said about a trainer?—No.

"Was anything said about Eulius at all?—Nothing. A few days after the race, did yoa ask the price of Eulius?—No. After Ashburton I did.

CONTI NT ■KD ON IN SI DE PAGES.)