Wheeling compiler. [volume] (Wheeling, Va. [i.e. W. Va.]) 1829-1831, 1829-12-02

Hence / asserted in ny note TO Mr. FOgle that as
far as any decision was made by the Judges i
was made BY a minority of the whole number. -
But If / am wrong in supposng that the Judges
have ga equal voice 10 matters OF dispute, the III
curry then will be, on what points did difficulties
occur and doubts arise in the minds of those Judg'
est-aad what was their decision while on the
ground and IN tie presence of both paruesi as
(, Sert that the first question discussed and decided
was, that the full distance had not been run by
the horses and the second or thirdmqury was
whether either. or both The horses had bolled or
flown the track.
The track over which the horses ran, is IN CIR
cult a5ou, twenty rods short Of mile; consequent
iy the horses started not a. The winning stand, Dul
eighty rods IN the rear, and were TO run ROUNDS
exclusive u the eighty Iods, and must necessarily
pass the stand 5 times Both the boys stopped
their horses and dismounted under the Impression
that they had run the requisite distance. Oscar
came OUT ahead of Surprise. The Judges on the
stand immediately declared that the full distance
had not been run. that the horses ought to have
gone another round and that no heat had Been
PM IN. In this opinion the Judges who started
the horses. concurred. 4 considerable conraretl
! OF opinion was entertained 10y the spectators Oh
this p0iut some declaring that four entire ROUNDS
/ had been run while others were equally poslil'e
that no more than three had been run, exclusive
of the eighty rods. At this iunCture q gentleman
stated to the Judges the length of time the horses
had been rnnng-oue of the Judges replied, II
they have been fifty minutes running, they passed
| here (meaumg the stand) but four, whereas they
should have passed FIVE times. II was next sand
( that Oscar had boiled and was dlstanced. The
[ Judges then left the stand and went 10 the place
where the horses boiled, examined I and returned
| to the stand The hackers O; Oscar asserted that
Surprise had likewise bOtec at the same place,
(both horses took fright AT some coal slack winch
had been placed IN the tract, TO I'LL mp mud holel
and ,fune was. both were d5tanCed. Ai,Grmnch
consultation one of the Judges said any respect
able man will say that Surprise few the track
we can easily decide the matter thoreupon tour
/ highly respectable gentlemen were brought for
ward one Of the Judges remarked that the men
should be sworn No oath, however, was admin
( istared nor attempted TO be pu'. These four
gentlemen were examined aud stated positively
that Surprise had bolted at the same place AZ which
Osc3r had flown but had not run so far n nor con-
tn1.d so long on the grass as the other mad Al
ter the lapse Of some ume enquiry was made OF
{ The Judges what was TO be done-one oil them an.
swered, the horses are to be run again--the other
/ two on the stand appeared TO acquescel for they
/ did not contradict the decision thus Proclaimed.
J Il
horse should not ruu again, and If the judges did
| not decide the race IN bis favor he would not a-
5lde by their decision and would not give Up the
! mOlev-fthis was not the first time Mr.. Fogle had
! expressed himself IN the same way Three weeks
before the race, he said the same thing ~ tho pres
enco Of Mr. blcCorney and Mr. saxon, 5ut DID
not believe him for the same reason that Tie Pus-
oner was thought To be innocent when he plead
guilty)--Hereupon one ofthe judges left the stand,
| Disguised, presume. The ohertw said To each
other, we two cannot decide now that the third
has gone, and one of them addressed himself TO
the people, saying, there are but two Of us now
here. we cannot and do not decide In favor OF az
Their horse These two judges then leit tie stand
and the crowd dispersed. The facts have hcle
detailed no man can justly controverL Was lt then
| to be expected was II competent that Two oil the
Judges should have assembled, two or three day
after at their own FIRE sides, in the absence OF INC
other Judges, without the aid of further testimony,
and without giving me notice. decide the race '
gainst mel Was this Justice TO me! her mo-
tives have not impeached; but the propueiy o
their acts have right 10 question
The certificate granted to Mr.. Fcge under sucl
/ circumstances, imposes on me no obligations Tor
assert that the last act of the Judges while on the
stand was to declare that the race had not beer
decided n favor Of either horse. The consequence
surely was that the race was either TO be- run a
cain or each party TO draw his own money Iva
willing, am yct willing to DO either. But deny
that it wac competent for any two 10 assemble Do
the absence OF the other judges, without nay
knowledge, and decide The race against me. Sup
pose no certificate had been obtained from mI
norty of the Judges. and Mr. FogIe and haC
submitted tito the arbitrament Of 4. b. and e
who should be empowered to meet at the Court
house and decide which Of us had the beuerug
10 the money in question-and upon the reference
Mr.. Fogle and should meet make our statements
and unfold our evdeuCe and the arbitratoJs, after
spending some time IN delheratIng, agree 10 hea
further testimony deliberate, aud before
6nal decision MI Foge comes forward and tell.
the arbitrators that lac will moi abide by their decl
sion unless il should be in his favor and therupor
one of the arbitrator leaves the Courthouse. anl
the remaining two inform US that they cannot de
eide between IL, break up and depart-would any
man suppose that two of these arbltrators had d
RIGHT afterwards to meet at the house OF either
i'm nv absence and give a decision against me
| Would such decision, when made, be obligatory
either in a court Of law or equity Il seems to me
that common sense would say, II certainly Woui.
not be binding. And this case is precisely similar
to what has been done in favor Of Mr. Foge. Il
/ have erred IN the opinion that Surprise bias mol
won the race, and that no two Of the judges bad
authority privately to meet, aud secretly 10 decide
in favor Of Mr. FogIe, have done so upon Oh,
fullest reflection and after having consulted many
respectable gentlemen, who were IN no wise In
teresied in the race.
And viii leave 1t to better Informed men thar
myself 10 conceive how the modest Mr. FogIe
who saws ''it is not law, but honor, that fix my
claims upon." could claim their certificate, that be
was winner of the race, after they bad proclaimed
from the stand that the horses were TO run again
and Mr.. Foge appeared and declared his horse
should NO, run again, and then sent hlm home
Half an hour after this, the judges siIi having tle
matter under consideration, Mr. Fogie again came
forward and told the Judges TO their faces, that be