INJURED HORSE IN LAW SUIT

Hawke's Bay Herald-Tribune, Issue 134, 23 June 1937, Page 10

INJURED HORSE IN LAW SUIT

— Press Assn.-

Was Maia Fit To Run In Derby? STRUCK BY TRAIN

(By Telesraph

-Copyright.)

STDNEY, June 22. To-day 'e evidence in the Maia case (in which the owner, Frank Edgar Bussell, is claiming £2000 damages for injuries received when the horse was struck by a tram on the morning of the Derby) was directed to show that Maia was very excited after the tram mishap. He required hosing on the course before the Derby and appeared slightly lame. The New Zealander, Keith Eaymond Guthrie, who had charge of Maia on the morning of the accideut, said Talking beat Maia in the Derby and Gold Eod was tkird. Guthrie declared he had not heard a veterinary offlcer tell Eussell on the Eandwiek course that Maia was quite fit to take part in the Derby. Asked by Mr. Lamb, K.G., who is appearing for the Transport Commissioner, whether it would be cruel to start a horse which was lame, Guthrie replied: "It would appear so, but it' is done every day in the week," The jockey, Maurice McCarten, rider of Gold Eod, described the running of the Derby. He said Maia finished well and on his Derby run would have been a good thing for the Clibborn Stakes, from which he was scratched. Maia finished well in the Cox Plate at Moonee Valley and the Melbourne Cup, but he was sore after tho Cox Plate. Tkis condition might in some way be 'connected with the injury sustained in tho tram accident. Eussell gave evidence that he was sure he was going to saddle a Derby winner with Maia, but the accident upset him and made all the difference between a win and a loss, and the following day the colt walked with a short front leg as well as a hind leg. The case was adjourned.