OWNER SUES TRAINER

Sun (Auckland), Volume IV, Issue 1007, 25 June 1930, Page 12

OWNER SUES TRAINER

TROTTING MEN IN COURT SEQUEL TO RACE DISPUTE From Our Own Correspondent TE AWAMUTU. Tuesday. A case of interest to members ol the sporting fraternity came before Air. Wvvern Wilson, S.AI.. at the Te Awamutu Magistrate’s Court on Monday. Wilfred Johnstone, farmer, of Pukehutu, claimed from J. J. Kennerley, horse trainer, now of Christchurch, £l3B 3s 7d. There was a counterclaim for £S3 4s. For the plaintiff it was stated that Johnstone’s agreement with Kennerley was to pay him £SOO per annum, with free house. He was to pay board for each boy working in the stable; one horse of Kennerley’s was to be kept and trained free, employer and employee were to each pay half cost of removing Kennerley’s furniture from Christchurch to Te Awamutu, and Kennerley was also to receive 10 per cent, of stake winnings. Kennerley had Vendome and Prince Pedro, in which both were partners. Kelp, Wangadale and a filly were kept by Kennerley at Johnstone’s stables in Te Awamutu. The basis of claim was £ 3 a week for Kelp and £1 a week for Wangadale. Buring the Christmas meeting at Auckland a dispute arose following the defeat of one of Johnstone’s horses by one driven by Kennerley. The latter wrote to Johnstone saying they had better part and to this Johnstone agreed. Then Kennerley offered to continue the arrangement, undertaking not to drive against Johnstone’s horses if Johnstone would forget past disagreements. This was not accepted and Kennerley was granted a few weeks to remove his effects. Efforts were made to adjust matters, but without result.

Evidence was given by Johnstone as ito the terms of the agreement. He j said he had various trainers, paid from ; £3 to £5 5s a week for training each j horse, so the claim of £3 for Kelp ! was reasonable. He charged 5s a week for grazing. Witness had stated in j one letter: “I engaged you to win cups J for me—not to take them away from ' me.” Witness claimed £ll4 for Kelp’s j keep, besides asking for “a fair thing” ! for the other two. When he accepted Kennerley’s resignation in Auckland Kennerley was finished, and both parties understood that. Witness had previously bought a half interest in Vendome for £4OO and a half interest in Prince Pedro for £l5O.

John J. Kennerley said that Johnstone stated lie would not charge for Kelp and the filly. Johnstone never questioned the monthly statements j until after the dispute in Auckland ' over the Rowe Cup. This was as a reI suit of witness driving a horse that i beat one of Johnstone’s that was | trained by someone else. lie won the , Rowe Cup with a horse from his ! stable. Johnstone got the training j fees. Johnstone owned the second horse, but it was not trained by witness. He had 20 years’ experience as a trainer and was now trainng five horses for other people. The charges range from £1 10s to £2 10s. The magistrate remarked on the fact how the principals flatly contradicted each other. Kennerley had not proved that he was still to be paid wages after his resignation was accepted on December 27. The counter-claim would be disallowed, with costs. On the claim, judgment would be for plaintiff for £4B for training Kelp to the end ; of November, and 18s for grazing. The 1 costs totalled £ll ss.