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New Zealand Illustrated Sporting & Dramatic Review, Volume IV, Issue 201, 31 May 1894, Page 4

Defeat has once again been Mr Dan O’Brien’s portion in the matter of the Challenge Stakes dispute, but Loyalty’s owner is determined to keep his sabre drawn, and has announced his intention, through his legal representative, of carrying the matter before the Privy Council. It will be rembered that Mr O’Brien sued Mr G. G. Stead, the treasurer of the Canterbury Jockey Club, to compel him to render accounts of the money received by him in connection with the Challenge Stakes, claiming that this was considerably in excess of the sum of £1520 received by him as the full amount of the stakes. The judgment went against him, and he appealed to have that ruling set aside. His appeal was. dismissed and costs entered up against him on the highest scale. So far so good. It is a legal matter in which we can have no footing. But what follows. Mr Justice Richmond said “it was almost scandalous to bring such a case into a court of justice, and to talk of taking it to the Privy Council increased the scandal. That was the reason for putting the plaintiff under the severest terms. It was a pity such cases were allowed into a court of justice? So because; the case concerned racing it was a scandal to bring it before a court of justice, and to talk of taking it before the Privy

as Mr O’Brien had, increased the.scahdal. And, if you please,.that Was Mr justice Richmond’s reason for putting the plaintiff under the severest terms and for awarding costs against him on the highest scale. This is a nice thing indeed. The country, the law, accepts so much per annum in totalisator percentage and yet’ a servant of the law announces from the full court that if you are swindled by a racing club (no insinuation re the C.J.C. meant) you should not go to law because it is a scandal. Mr Justice Richmond’s remarks will be read with interest throughout New Zealand, and will afford sportsmen some idea as to what sort of a prejudice exists in his mind in matters relating to the turf.