Wheeling compiler. [volume] (Wheeling, Va. [i.e. W. Va.]) 1829-1831, 1829-12-23

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nent IS to be final and conclusive. They are also
70 determine any and an disputes, and TO say whe-
iher there has been forfeiture anu each party a.
srces 10 abide by and peilom the judgment, or
| ter and determination Of said judges.
! Zach Is to act fairly IN all Things, and each 4
grees that his rider shall act fairly, according 70
sad rules, regulations. &c
The hrst $1,000 Is paid downfall Is, each par
~ has PAID to Nelson and Jacob his five hundred
Iohdrs-WIness their hands aud seals this 9th|
| day Of June, 1929.
[Signedl FREDERICK FOGLE,{ srat.
PHILIP FISHER, sEAL.
LEndorsed. ] Ifei.har horse dies before tbg race
me bets are 20 he Withdrawn
Wish Ar. Fisher auI All concerned carefully
10 read The dri,'e and the u.s. and ihen exam
inc our statement and Judge whether the decision
vas correct or not. l. with Messrs. FORSYTH and
Mitchell Went ol the stand and after short
space OF time the riders We're called up TO receive
their instructions. The race vas 10 be run with
eaten riders, aud lo weighing was necessary. and
me track beng about % rods short of mile
they had 10 pass the stand . times 10 make tho (
miles. The riders being ready, Mr.. Mitchell gave
them their Instructions and stated distinctly. that
they had 20 pass the Judges stand times. Ii wa.
agreed upon that Mr.. Mitchell was 10 CRY the
rounds to The riders rs they passed the stand. aud
lir. Forsyth was 10 hold the flg and drop IL on
their passing the stand the last time The horses
were then started, and Mr. Mitchell called the
Isl y IL and VIZ. Forsyth and myseil'thc 81 81 Ah
rounds. Here the first difficulty arJse-Nr Mitch
si und-tfysyif Believing, that The mics had not
been rlIa, there had been but times called, and
the riders bud ogen directed TO pass times but
in a few minutes Mr.. Forsyth observed TO Mr.
Mitchell, 'you did not Callhe first pass; to Which
g. 81. f..N 10. ..r
the distance had been ran. Here Mr. Fisher
mikes his remarks that 10 was sned 10 the Judges
hy gentleman ON tie ground, Il believe Samuel
opns5) that the distance must be correct, as they
were Cvur minutes rIuuug-tO wu.ch ! replied
did not care IL they had been 80 minutes You
Wi. readily perceive when You read the above
how such mistake could be made, wnen the first
pass was not called. bot presume all parties arc
satisfied as to the distance run.
The next difficulty which arose. was tl1t ailer
the horses passed t.ie stand on the 81 round few
rods, oscar flew the track, and ran from > 10 -
feet inside OF the beaten and made track, for
distance of - or 30 rods, lear TO pas,-lnd-raii
fence, and did NOT take the track again until he
had passed the corner some rods. Here difficult
~ arose, as there appeared 10 have beon no poles
set up; however Osctr was so far fium the track
that hal nn hesitation as 90 his being inside; and
90 make a fiil examination the Judges ali len the
stand. and followed the iracl, that oscar bad run
which wc easily knew by his plates. We then
I'l returned to the stand again.
Here think Il proper TO answer iir. Fisher $
statements ia lis publication OF the I'd inst. and
% notice other occurrences which took place -
Tho FIRST remark which shall notice u.s. Oscar s.
( flying the track after passing the stand on The
. 81 round. Nothing had boon spoken OF OF remark
! cd by the Judges until this took place. On the
Instant of hrs flying Mr. Mitchell said aloud,
.Whu giigF' / then alked Mr. Vi. "wh7i
/ tho result would bel' Ills reply was, "tlat ls
/ easily decided" This conversation took place
{ while the horses were round by the orchard and
! gate on the sane round II may be proper here
/ 10 observe that il was cOnlended, whom u "as
! found that the Judges we're satisfied that Oscar
/ hlI iown the track, that Surprise bad also tiown'
and that should have been on the ID round as a-
: 5oye stated Although iu or uear the same spot
llat Oscar flew, and In lur view OF ule lldses oi
. ,he stand, ADD before the romark nhte ny WI
SilrciIeti as to- Oscar. not the cast notice was
ta<eu nor could there be any, rs 90 hls Surprise
diving az that spot, without being seen by the ludg
81. Much has been said on this subject The
Z first evidence offered 90 the Judge9, was AHare"
Woods, ir and IL was proclamed thai he sa"
md would be- qualified, that Surprise iiew th'
rack. lie was then called upon the judges
! stand. wished him sworn before be was eNa
Nm Gov - tho, .l,oI him s,,vill you %,
qualified that Won saw Surprise fiy the u1cki
NAMING the place. Tie answered promptly 70
Wia hoI' t'loI.'' ~ -, dcnenj;ny ON O.
- ,,rIsiI tl, tI,ere were sew
car; ~ ',,,i,,,,l ,,, saw Sunrise lv Mr.
.,H one s'.,,I Ian, -, h.. Lra,,rbt G,r,y,rd
H',c.eh ~. ,''.'' :, ,,'. ,,.,,,l7 le.,l.
ana u t'ey o'.,I III. a., te,r ans. .,.
stated iiai 'ne JuIse go vi I. -, Al.
ltence thai was 70 Oo 5lNe', anu '.',''
ishef say ,.'.' NC ,e ~,
nose me- ou5 - and Dr.. -of,sed vl.,l
Woods of|el on l.'' Sla"u' az. .'5 -. ',g
the question was pun quo % .''' D