BACKWASH!

Dominion, Volume 3, Issue 873, 20 July 1910, Page 9

BACKWASH!

THE FLOTSAM OF PONY RACINC. CAST UP IN COURT. Some affairs of the recently-defunct Wellington. Pony and Galloway B.acing Club were unravelled :it tho Magistrate's Court yesterday before Mr. W. 11. Hasiiiikii, )j.51., v,-!i(;n J. M. Cumniiiig, lute managing steward, proceeded against the Miramar Athletic Park and Wonderland Company, Limited, claiming £49, being the balance of wages alleged to ba due for seven weeks, terminating on May 14, 1010. The (k----fendant i,ul:i\r,uiy d:iim>jii £jl irom plaintiff for rent of rooms at the Wonderland Kiosk. Mr. T. Young appeared for ijlaiiiiiir, :..:::! Mr, T. M. Wilford for tile company. .•Frederick Tov/nscsid . stated iu evidence that he was the company's supervisor. Pony racing at Miramar had ceased at the end of March, and after much trouble a meeting was arranged in tho presence of the plaintiff. Witness asked plaintiff why he had uot jijuarod up the accounts, and the answw given was to the'effect that he (Cuiiiiuing) had-beeu ill. Witness then said lo Gumming thai ho could not expect his wages to be going on. Ouniming. replied that ho ltnciv- that his wagos ceased on March 31. 'J.n Mr. Young: Cumming did say to him that there was a credit balance in th« bank of £410, whereas the actual amount was only £249, less sundry payments -amounting to £53 Bs. Two Ponies. .fuhii M. Cumming deposed that n« was manager of the Pony Racing Club under verbal appointment by Mr. Cha=.Morris, in August, 190 S. When witness accepted the position, Mr. Chase Morris was managing director of the Wonderland Company, and the steward's were: Messrs. B. .Ypuiig, • Henry Lai.iberg, and T. Blaokwood. During tho last month of pony racing, five meetings were held and resulted in a loss. Witness had received no notice of dismissal. The raco meetings were concluded because the club could not get a license under tlio llace Meetings' Act; which iV as against'unregistered--'meetings. Ou May 24 a meeting waj) hekl at.Mr. Gualter's office, and Ire was appointed liquidator of the club at a remuneration of £15 153. Next day, however, this ivas rescinded. ■ ■• To Mr. Wilford: It was not l.n-own that he and a Mr. Mace conjointly owned and were running .a. pony called Muskerado, under tho assumed name of T. Twoinoy: 11. was also a fact; that his wife's' sister raced a- pony called Axite. Witness handicapped his own horse. . Ho was handicapped judge, and starter. His Worship, addressing witness: I suppose you were not tho only sinner? Witness: No; 1 wish 1 had never seen it. ' ' . - . . Supervision of Race Meetings. Mr. Wilford: Did you not supervise a raco meeting on March 30 and 31, 'independently, of the Pony Club, and run it for somebody who arranged to secure tho ground? ' Witness: l T es; I ran h for a number of Wollington business-men. Mr.'Cloland, of Miramar, was one of tho syndicate Tho syndicate was outside the Wonderland Company, and ho did not get paid for it. He simply controlled it, and ran his own horse under the name of "Twomey." At tho same meeting he was in the judge's box with two others. He did not do tho handicapping at this particular meeting. Ho gave an unqualified denial to Mr. Townsend's statement that ho (witness), had said that.lie understood his wages wore to ceaso oil March- 31. Mr. Lamberg, who was chairman of • tho company, told him that he was entitled to three months' pay as from March 31. Witness also remarked: "This is_ only a preliminary canter. Thcro will probably be .proceedings latur on in tins connection." Continuing, ho denied that ho had appropriated any money belonging to tlio club. Mr. Wilford: Well,'where, are the receipts ? Witness: I don't know. William John Williams, a steward of the club, said that the >,stewards had absolute control of the affairs of the club till its demise. Cumming was a servant of the stewards, and they approvud of his method of work. The stewards never discharged Gumming, as they were really subservient to the Wonderland Company, and such a proceeding- was thought to be beyond their jurisdiction. After March 1 tho club's treasurer (Mr. Chase Morris) left Wellington, and at a meeting hold after-' wards it was decided to leave the financial part of the business of Wonderland Limited, of which Mr. Townsend was a prominent member, in the hands of Messrs. Townsend and Gualter. Cumming was harassed right and left by the directors of the Wonderland Company. Charles-Slymon, timber yardman, employed witty Isbistcr and Co., said that he was a steward of tlio club, and gave Jbrief. evidence corroborative of the previous witnqss.- . A Statement re Profits. Aubrey Francis Gualter, secretary ol the company, said that. ho held that position for ■ a-year.. Rooms at the kiosk were rented to Mr. Cumming at 10s. weekly' in August last. Numerous* applications were made- for- the-money due, and lit. dimming said that he would pay, but never did so. He admitted that tlio Wonderland Company had: a control over ..tho,. management. ol tho Pony Club.'..Had-told'Cumming more than onco that his (Cumming's) services would not bo necessary after March 81. \ To Mi. Yoimf,: Tho Wonderland Company recoived £IS2I 10s.. 2d. as proiits from the. racing. They were now repudiating all debts in connection with the Pony Club as they had no accounts before them, and tho mortgagee had stopped in. ... Mr. Wilford here mentioned that tho Wonderland Company was going into liquidation and the' mortgagees were anuexins everything. ■ ■ His AVorship: Well, suppose, judgment is obtained, where is the money coming from? . ■ • . Mr. Young:-I will find somo means of getting the money.. Continuing his evidence, Mr. Gualter said that tho Wonderland Company were only too pleased to bo dono w.ith the whole thing. Tlio company took the profits of the racing. His Worship said that lie thought there was a waiver of the plaintiff's right to "an engagement terminable on three months' notice He thought that there was practically an agreement between Cumming aud those whom he (Cumming) recognised as his employers to terminate the agreement on March 31. - His Worship also thought that thoro was an implied agreement that Cumming should wind up the affairs of tho club, and s reasonable sum should bo paid for that.work. For this work his Worship said he would allow plaintiff the sum of. £17 10s. There was not sufficient proof of Cumming's having kept back any monoys or dono anything to giyo defendant tho right to keep hack his salary. The company had had ample timo to look into thesematters and ]\o disallowed tho counterclaim. Judgment would therefore bo for plaintiff for tho amount mentioned, with costs amounting to £5. 7s.