TRESPASS ON A RACECOURSE.

West Coast Times, 18 March 1910, Page 4

TRESPASS ON A RACECOURSE.

CHARGES BEFORE THE WELLING TON COURT.

WELLINGTON, March 14

At the instigation of the Wellington Raring Chib James Walden, private do tectivo, prosecuted J. M. Cummins and J. H. Williams, both officials of the Wellington Pony and Galloway Racing Club, in the Magistrate’s Court today, before Mr IV. G. Riddell, S.M., on two informations. These charged the defendants with having wilfully trespassed on the Trentham racecourse on two days of the summer meeting of the club. Mr W. H. D. Bell conducted the prosecution and Mr T. Young the defence.

A. E. Whyte, secretary of the Wellington Racing Club, said that stewards and officials of-an illegitimate racing club were not desirable persons to have on a registered racecourse. At a meeting of the Wellington Racing Club be had been given authority to instruct Mr Walden, private detective, to warn off the Trentham racecourse all undesirable persons. Witness first advised Walden by letter and then verbally instructed him to warn off those persons who in his opinion were undesirable. James Walden, private detective, stated that he saw defendant Cummings on the Trentham racecourse and warned him off. Defendant refused to go off, stating that he would await proceedings. He was a disqualified person, and such were undesirable. Witness also warned defendant Williams, who also remained on the course. Mr Young: Have you seen some of the Wellington Racing Club stewards at the Miramar pony races? Witness: Yes. Are respectable persons undesirable? —Well, defendants are respectable, and I warned them as being undesirable. The Magistrate: In your opinion, were defendants undesirable persons, apart from your instructions from the Wellington Racing Club? Witness: No.

For the defence Mr Young called Chief Detective Broberg, who said he had known Cummings for 28 years and Williams he had also known for some time. Having knowledge of the propriety of other racing clubs he was strongly of the opinion that neither was an undesirable person.

E. F. Nation and A. L .Wilson also testified as to defendant’s character. John H. Williams stated that lie was a man of independent moans and a judge for the Wellington Pony and Galloway Racing Club. He was not a member of the Wellington Racing Club, but had been an official of the Foilding Jockey Club, He had paid 12s to enter the Trentham racecourse, and when Walden warned him he did not offer to return his money. Walden on the first day warned him and the next day merely said, “I have to tell you again what I told you yesterday.” The meetings of the Pony and Galloway Racing Club were extremely well patronised and the president and some of the stew aids of the Wellington Racing Club haf] attended them. Some of the stewards had congratulated him on the good management of thp meetings. J. W. Cummings secretary of the Wellington Pony and Miramar Racing Club, said that he did not know that he was a disqualified person. He had paid his entrance fees to the Trentham racecourse.

Mr Young contended that the proceedings arose out of the jealousy of the Wellington Racing Club, which wanted to have the whole of the racing to itself. He urged that the cases should kp dismissed on the grounds that the defendants wgro nqf undesirable persons, and that they had not received sufficient warning.

Mr Bell pointed put that Walden had spoken to each defendant on two different ocasions, when, it had been shown, long arguments had ensued. The matter, he said, was not a personal one between the Wellington Racing Club and defendants, but one preferred because the latter were disqualified persons, as provided by the Racing Conference. Mr Riddell remarked that it appeared to him that in such cases two warnings should be given. Decision was reserved,