RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 2919, 27 June 1872, Page 2

RESIDENT MAGISTRATE’S COURT.

Yesterday, (Before A. C. Strode, Esq., R.M.) Civil Cases. Rossbotham v. James. —Ell Bs. Mr Stout for the plaintiff. Mr Harris for the defendant. Caleb Moore was at the Tradesmen’s Races on the 24th May. He walked into the saddling paddock after the Birthday Handicap race. Saladin was second horse in the race. There was no place called the weighing yards. The scale was in the Secretary’s room. The room where the Secretary was, was a weighing-room, a Secretary’s room. He saw Saladin’s rider in the scales. His attention was first drawn to Saladiu’a jockey by a remark from the Secretary that he was not weight. The jockey said he had not his bridle with him, Mr Dowse got the bridle, and the Secretary declared him weight. Messrs Gourlay, Rossbotham, and the assistant-secretary, Crawford, were present. No objection was made to his being weighed. The jockey riding ' ittle Nell was present, and the jockey riding the third horse was present, when the Secretary said “right” or “weight”—one or the other. He understood the boy was weight. He was not off the scales in hs presence. Saladin ran second, and at the time the Secretary declared him weight, he was weight. Cross-examined : By weighing-yards, he understood the usual place of weighing, no matter where situated. The jockey was in the scale when Dowse volunteered to got the bridle. He had not the bridle when he got inao the scale, and the clerk declared him to be “not weight.” It was after that that Dowse fetched the bridle and handed it to the jockey. It was a remark to the jockey that he was not weight. Mr Dowse went outside the building to fetch it. Little Nell was first. It was not usual to take the bridle with him ; for if he was brought without the bridle, he need not ask for the bridle. For anything he knew the bridle might have been changed. He had seen Avcighingmachines under cover before. He had read the Newarket rules.

Mr Stout objected to tbe course of crossexamination.

Mr Harris stated he wished the case to be decided on its merits. Cross-examination continued : The rules in other places were considered the same as those of the Dunedin Jockey Club. In other plac:s, with similar rules, the same practice was adopted in cases as was carried out in that case. It was not usual for a jockey to go into the scale and have his bridle handed to him, as in the ease of Tanner. The jockey received his bridle after being in the scales. He remarked only that Tanner was a little excited, as he usually was after a race, which might account for his going to the scales without his bridle. Re-examined by Mr Stout: He understood the horse was led to the scales when he was led to the door of the office. He never saw weighing yards elsewhere. Thomas Thompson w s at the stewards’ door at the conclusion of the Birthday Handicap, and had charge of Saladin. He stopped at the door two or three seconds after the jockey got off, and was pushed further away from the door by Bobby Burns coming up to about six or seven yards. He was still inside an enclosure, but remained in the weighing yard. Mr Dowse came running and said, “ Why did you run off ?—the jockey wants his bridle”—and in great haste he took off the bridle and took it into the Secretary’s room. That was all he said, being pressed off by Bobby Burns, rather a dangerous horse. Cross-examined : Mr Dow-e took off the bridle and took it to the Secretary’s room. He was not more than seven yards away when he was thrust from the door by Bobby Burns. He had some bets on Saladin, but it made no difference to his position. He might have said if he were owner of the horse he would sea the matter out. He did not tell Mr Dowse why he moved away. He believed he said the horse would get disqualified.- James Tanner was the jockey who rode Saladin. He was weighed in the Steward’s room after the race. He was declared weight by James. He had not his bridle when he went into the scales; but when it was added he was a pound over weight. It was tbe same bridle with which he rode the race. He was off the scales before he was declared weight. James declaring him “short weight,” but when the bridle was handed to him he was a pound over-weight. Arthur Smith knew a little about races. (Mr Stout: the rule respecting “weighing yards.”) His definition of the terra “ weighing yards,” was “an enclosux-e in which the scales were placed, and that the horses were in the enclosure.” There were no weighing yards at the Forbury course on the 24th May, except the saddling paddock. The rules were a copy of the Melbourne rules where they had weighing yards such as described, A horse bmng led from the scales within the enclosure in his opinion would not be said to be away from the weighing yards.—ln cross-examina-tion : His only knowledge of the Melbourne weighing yards, were from what he had heard and read. He would not say whether the Melbourne rules had been altered since the construction of weighing yards. The usual place of weighing was where the scales were, and the horses were taken up to the door, the jockeys were weighed and declared weight or not. If a horse were taken from the door and another horse were put in his place, he should call that being led away.—ln re-examination : He should not consider the horse led away if forced off by a vicious horse.

George Dodson, heard no conversation between the persons in charge of Saladin and Bobby Burns. It was supposed when Saladin moved off that the jockey had been weighed and done with. He heard Gonrlay say something about short weight, and order him to be led away. He did not know that Bobby Burns was vicious.—ln cross-examina-tion : Saladin was twenty yards from the weighing room, when the bridle was taken away. He was not forced away by Bobby Burns.—Mr Rossbotham had opportunity of explaining the affair, but he did not do his duty to himself, for he walked out of the room when the question was being argued upon. Howard’s business had not commenced when Mr Rossbotham entered the room. John Garnett saw the horse in the saddling paddock. He saw Mr Dowse pull the bridle off about nine or ten yards from the weighing room. For the defence, Mr Harris addressed the

Court. He read from minutes of the meeting of the Stewards respecting the protest of Mr Gourlay and the Secretary respecting the leading of Saladin away, and the protest of Mr Gourlay. Sydney James, clerk of the scales, at the meeting said the scales were placed inside a room—when the jockey’s weighed in the horse must stand at the door and not move until the jockey was declared weight. It had been the practice for ten years. A horse led away from the. door of the room eame within the meaning of the rule. Tanner, rider of Saladin, weighed out Bst. 31b., the exact weight with his bridle. He cautioned him he was very bare weight, and should be cautious to bring the bridle in. After the race he was not Bst. 31b. He called his attention to it, and he said excitedly, *• Where’s my bridle ?—where’s my bridle?” Witness also called the attention of Mr Bowse, a steward, and rose to see if the horse was away. He could see Dowse go down the paddock, but I'owse brought a bridle. He (witness) made a mistake on receiving it, and would in his own issue direct, have disqualified the hors 3, had he thought of it at the time. In ten minutes he received a protest from Gourlay. Tanner had got off the scale and went on again after receiving the bridle. Except with a protest, the Stewards would not have been justified in declaring the horse distanced. At the meeting of the Stewards before stakes are paid away, it hj is been customary to settle all disputes. The meeting took place at their usual place of meeting. The members present were named. Mr Rossbotham was present and had opportunity of offering evidence. He said to Mr Gourlay he thought the cas had been with!rawn, Mr Rossbotham said’ he was the representative for South Ward, that the Club was in had odour, and they should not have any contribution whatever, from South Ward, where he had influence.

In reply to Mr Stout : Both Mr llossbotham and Mr Gourlay were requested to leave the room. The Treasurer (Mr Marshall) was present, but was not a steward. Mr Stephenson, as president, was cx officio steward. The meeting was regularly called. No circulars were sent out on settling night. A called meeting was one summoned by circular. The committee and stewards were different bodies. The Tradesmen’s Meeting was not arranged by the committee of the Jockey Club. The functions of the committee and stewards were widely different. The only things objected to were breaches of the 43rd .and 40th rales of the Dunedin Jockey Club. Hugh Gourlay, owner of Bobby Burns, claimed the second stake, although Bobby Burns ran third. He did not know wh-rc Saladin was when the bridle was taken off him. He protested against the stakes being awarded to Saladin. He only attended the meeting of stewards to know the decision. He was not present during the discussion. He considered bringing the bridle off the horse was irregular. Bobby Burns was near the door. Some people called him vicious, but he never saw it, and could say it was false from observation. Mr Eossbotham and he were in conversation, and he said possibly he might withdraw his protest, but he never said he would withdraw it.—-In reply to Mr Harris : The usual weighing place was the Secretary’s office. A horse ten or twenty yards away would be considered led away. There was no weighing-yard according to the rule.

Captain Hutcheson had been at all the races on the Forbury. The scales had always been in the Secretary’s room. A horse had no business to be removed from the door at all uutill the jockey was declared weight. John Stephenson, president of the Jockey Club and one of the stewards, was chairman of the meeting for settling the disputes at the races. Mr Eossbotham had opportunity of giving evidence as to the disputes. The decision was adverse to Mr Eossbotham. In answer to Mr Stout, the Stewards of the Tradesmen’s Races were not Stewards of the Jockey Club. Both Mr Gourlay and Mr Eossbotham were asked to withdraw.

Geo. Dowse, one of the stewards, saw the horses brought up to the weighing place. He saw Saladin come up, and Tanner dismount and go on the scale. The Clerk told him he was short of weight, and he (witness) volunteerd to get the bridle, but in going to seek the horse he could not find him. On going into the paddock, Thompson, the trainer, was leading the horse up and down. He said, “ What a fool you are. Don’t you know you have disqualified the horse. He did not know of the protest.—ln answer to Mr Stout, there was at Silver Stream a little enclosure used as a weighing yard. A horse did not need to go up to the scales, as the horse was not weighed, but the jockey. Robert Crawford assisted the Secretary in the office work at the races. He was present at the weighing out and weighing in. Tanner, on weighing in was found not weight, and said, “Oh, my bridle.” Mr Dowse volunteered to fetch it, and, on receiving the bridle, Mr James said “right.” His Worship considered the proper tribunal was the stewards’ room, but as it had been submitted to him, the evidence disclosed an infringement of the 42nd and 43rd rules, and therefore the case must fall. The reason of the rule requiring the horse not to be removed until the rider was declared weight was plain enough : the bridle or any other article on the boro might be changed, and heavier ones substituted. Judgment for the defendant.