Page 4 Advertisements Column 2

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

a' lowed to run again, but of course subject to being disqualified when that complaint was afterwards gone into* I could not press my wanting to examine more witnesses, as I bad left the meeting under the impression, fiom what Mr. Middleton had said, that the subject wai to be resumed to-morrow. Mr. Mayite, on the courbe, declared the mare to have won, and all decisions of the Judge are final. Yours obediently, G. Hydi; Page. G. Dean Pitt, Esq

Auckland, May IG, 1849 Sir, — A 9 the owner of Dissipation, I have to request that you will hand over to me, without any further delay, the stakes euti listed to you as stakeho'der, and which weie tun for the 7th inst. It is an unquestiouible fact, that my marc Dissipation, cume in first; in two heats— that she was declared to lie the winner of the race by the duly appointed Judge, that the correctness of that decision has never been questioned by the owners of Jack, or Aaron, and that the Judge's decision has not been reversed by any comptteut authority. Under these circumstances, and finding on the testimony of numerous creditable and credible witnesses, that the mate fairly won the race, I feel it is due to my« self to demand the immediate payment of the stakes. Much as it is to be regretted that you shou'd have placed yourself in the anomalous position of having a direct pecuniary interest in the issue of the race, I am unwilling to think that your interest in the horse Zaccho (on whose account alone an objection hai been raised) will affect the proper diicbarge of the duties of the office ; but it is certain that if a Judge's decision is to be pet at nought, and if a itakeho'der is allowed to be a Pin tner <n the race, there can be no prospect of the future well-being of the Turf in New Zealand. Having thus a second time made a formal demand of what I Relieve to be a just claim, I may add that this is the last communication you will receive from me on the subject, it being my intention to leave to yourself and the oivner of Zaccho, with whom you ha»e a joint interest in the result, the responiibility of withholding the stakes from the declared winner of the race, thereby establishing a precedent which it is my opinion will be fatal to the Turf in this country. I have the honor to be, j Your obedient servant, G. Hyde Page. Mr. Hyam Joseph.

Auckland. June 13, 1849. Sir— T have to acknowledge the receipt of your letter, of the llih instant, informing me that you had paid over to the respective parties the sum of £60 the amount of the stakes held by you ; and also requesting me to send for the sum of ,£2O, deposited with you as my stake. I have to inform you in reply that I acknowledge in you no right to dispose of the iweepstakes otherwise than for the purpoie for which they were deposited with you, in the capacity of stake-holder, v z ; tor the purpose of being paid over to the winner of the race ; that I protest against your proceedings as a gross breach of faith, and that I fu ther protest against my own stake heing paid otherwise than togeiber with the other stakes, and to the declared winner, whoever he may be. In my letter of the 14ih i istant, containing a formal derrand for the sweepstakes as the winner, which I was declared to be by the duly appointed judge, I was induced to express a hope lh*t the awkward fact of } our being a partner with the owner of one of the horses, and as such placing you in the anomalous potiti >n of a stakeholder having a pecuniary iutereet in the stakes, would not have led you, in concert with the owner of th»t horse, to throw objections in the way of the stakes, being withheld from the declared winner, but the information now communicated to me leaves but one interpretation to be put upon the whole proceedings, which I shall feel it my duty publicly to characterize in appropriate terms. As regards my own interests in the matter, I now see reason to consider myself fortunate that my recent experience has not been purchase 1 at a dearer ra'e. I shall not feel myself uuder the obligation, on every trifling occas'on of publishing the circumstances of this disgraceful transaction ; but that the experience I have recently gained may not altogether be lost to others, if I should tee any one in danger of being taken in to a large amount, I shall feel myself called upon to put him on his guard by forwarding to him a copy of the correspondence relating to the transaction in question. I am, Sir, Your obedient servant, Gbo. Hyde Page, Mr. Hyam Joseph, Treasurer to the N. U. T. Club. Illogical argument, violent personality, ignorance of turf rules, and disregard of the first principles of arbitration, are so interwoven with every paragraph of the above three let - ters, that I would deem further remarks superfluous, were it not the anxiety which I feel not to substitute assertion for proof and recrimination for reason. If Mr. Page conceived the Judge's decision to be final, why did he not refuse to go into the case at all before the Referees — why did he not at once impugn their authority, and reject their interference — why did he, on the contrary, personally attend, and allow his own Referee to associate with the others, and deliberately decide upon the dispute between us ; and then, when the decision proved adverse, fly in the face of the decision, and assert his claim to the stakes, in despite of it ? What is it to me, or to the owner of " Jack," or of "Aaron," that Mr. Page thinks the decision incorrect — an opinion not unusual among losing litigants ; ought we on that account to suffer, who merely wish the award to be carried out to the letter — who claim no extraordinary boon, but simply expect that when arbitrators are appointed to settle disputes, their settlement, however individually distasteful, should not be thrown overboard. I forward below a note from me toMr.Mayne, who acted as Judge, requesting his opinion on two points connected with racing, and his reply, which strongly corroborates the views I enteitained. I remain, Sir, Your obedient servant, "W. Gisbobne. June 30, 1849. Auckland, 29th June, 1849. My dear Mr. Mnync,— Will you be good enough to an3wer me the following questions :— Ist. What is tlie duty of a Judge in a rate ; and does tb.3 mo c fact ot his declaring {a horse first, debar that horse's subsequent Uisqu&liiiciuiou, in the event of ob»