Page 4 Advertisements Column 1

New Zealander, Volume 5, Issue 322, 30 June 1849, Page 4

f ADVERTISEMENT.]

To the Editor of the New Zealander. SIR ? As I have just seen a letter fiom Lieut. Page, sSth Rcgt., addressed to Mr. Ilyam Joseph, on the subject of the stakes ran for by Dissipation, Jack, Aaron, and Zaccho — and subsequently leturned by Mr. Joseph in conformity with the decision of the Referees to whom I appealed on behalf of my horse Zaccho — in which he uses strong language of complaint, and threatens to forward a copy of the correspondence to any one he " should see in danger of being taken in to a laige amount," I feel myself compelled, in justice to all concerned, to anticipate bis intention by the immediate and foimal publication of that letter, and others which are in my possession, on the subject, accompanied by a few explanatory remaiks, in oider to enable the public to judge to whom blame should be justly attached. On the 7th May last, Dissipation, Jack, Aaron, and Zaccho, ran for £80 — £20 subscribed by the owner of each horse. It will "be seen in the following letters th.it great stress is laid by Mr. Page on the fact that Mr. Joseph — who was stakeholder — had gone halves in my stake. Now, I willingly own that such a fact is a great anomaly — but I as willingly leave it to the decision of every impartial individual, whether my explanation of this circumstance is not satisfactory and clear. Some few days previous to the race, in the coffee nora at the Exchange Hotel, when the match was made, I consented (not wishing to risk the whole sum of £20), in the presence of the owners of the other hoises, that Mr. Joseph should go halves with me. These owners, fully aware of this fact, paid the stakes on the day of the race (either personally or through their Referees) into Mr. Joseph's hands. A perusal of the occurrences mentioned below will show whether Mr. Joseph's £10 interest in my favor, at all biassed him discreditably, or whether it did not rather induce him to act more cautiously and scrupulously than other stakeholder, after a foimal decision of Referees, would have done. Referees were regulaily appointed for the express purpose of deciding finally upon any disputes arising out of the race. The race came off — Dissipation came in first, "but, at the time of my jockey weighing, I specified to the Referees — as necessary in such cases — my objections and my intention to claim the stakes on behalf of Zaccho. With a view to decide upon my objections, the Referees met, — Mr. Page's Referee among the number. I brought my evidence ; Mr. Page cross-examined it, and brought witnesses in reply. For five hours the Referees patiently heard us both, and then, after deliberation, decided as follows : — I Aaron having been withdrawn, and Jack having been held in, and the liders of Dissipation and Zdccho having been proved to have i Widen foul, the one for crossing and the o her for jns'ling, we decline awarding the Stakes to any hor»e, and recommend they e'mll be returned. (Signed) F. Micm r/roN, ! G. W. Uais. The Referee of Dissipation declines consenting to j the above opinion. j In conformity with this awaid, I naturally applied to the stake holder for my share, and three weeks afterwards, received it, on condition that Mr. Pettit and Mr. Jackson (the other owners) received theirs, and that we gave j the following guarantees : — . j I hereby guarantee Mr. Hyam Joseph, holder of the Stakes (£%')) run for by Dissipation, Zaccho, Aaron, and Jack, on the 7th May, 1849, on his returning to me my Stakes (£2O), in conformity with the decision of the Referees in the match alluded 10, egninst any loss to him from such a proceeding on his pait, to the amount of the Stakes for Zaccho. • W. Gisbokne. Auckland, 28th May, 1819. We, the undersigned, guirantee Mr. Hyam Joseph, holder of the Stakes (£ J 80) run for by Disiipation, iSaccho, Aaron, and Jack, on the 7th May, 1849, on his returning to us our Stakes (440), in conformity with the decision of the Refeiees in the Match alluded to, against any loss to him from such a pro. ceding on his part, to the amount oi the Stakes for Jack and Aaron. W. Peitit, Thomas Jackson. Auckland, May?*, 1849. I now annex letters from Mr. Page, protesting against the decision of the Referred, and claiming the stakes on behalf of his mare " Dissipation.*' The first letter refers to a former letter of his (a copy of which I have not got), expressing dissatisfaction at the decision, wishing the case to be opened again, and stating that he •would have called more witnesses, but- for an expression alleged by him to have been used "by one of the Referees. Lieutenant Middleton, 58th Regt., my Referee, showed me this letter, and I wrote a memorandum upon it, to ivhich the following letter relates. Auckland, May 12, 1819. Sir,— l shall feel obliged if you will draw Mr. GisLorne'i attention, through his referee, to the fact that I did not call upon him in my protest to prove that I stated the other evening I had more witnesses to call upon, or to the eontnry. But, as a coroborating circumstance that I did so, I cr,uld lnve no idea that referees would or could come to such a decision on the case, " when they had never gone into the second churge against Jack," who, of couise, would claim the Stakes if the mare was disqualified. Mr. Gi&borne allows Zaccho was disqualified the other nijiht, for crossing in the first heat, but he quite forgets th t consequently he has no light to make any further objection to the maie receiving the stakes. After the objection made against him tlitf iirat heat, he «a&