NAPIER.

New Zealand Illustrated Sporting & Dramatic Review, Volume III, Issue 148, 25 May 1893, Page 6

NAPIER.

May 20.

According to the ruling given by the R.M. at Waipawa the other day a body of racing stewards are not responsible for the action of the secretary of a club if he makes a mistake. It will be remembered that Witt, the trainer of Prairie Flower, brought an action against the stewards of the Waipukurau Jockey Club for the stakes in one of the hack races in which his mare was not allowed to start by the secretary, a rider for the plaintiff in the first race having been fined and did not pay up. When the case first came before the Court the Rules of Racing were not satisfactorily proved, and the case was dismissed. Witt returned to the charge, however, and it was elicited that the secretary, Mr Nelson, had refused to allow Prairie Flower to start under a misconception. Her rider in the first race was fined and had not paid up, and he thought the same jockey was to ride her again. So he prevented her from starting. Mr Gaisford, one of the defendant stewards, admitted that the secretary had done wrong, and should have allowed Prairie Flower to start. His action was contrary to the Rules of Racing, but the stewards disclaimed all liability, as they were not consulted. One was, but none of the others. They had offered to settle with Witt in a sportsmanlike way, but he would not accept a penny under the amount he now claimed. The R.M., whilst sympathising with Witt, decided against him on the law point, and he was nonsuited with costs.