The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-06-10

the attempt at explanation made by weekly con
temporary. Indeed, this attempt places the matte
in worse light, if possible, than that IN which j
was first thought to have stood. The reporter O
the paper alluded to states
"The shouts deafenng all aides the friends
each horse appearing to exert their lungs to the
IN cheering and dispnfins about the winRe The fresden
immediately announced that "A majority Of the Judge
pronounced this dead hear His opinion was tina
Fashion was the winner and he so informed the owne
and trainer Of Blue Dick while the opinion of III,
writer OF this report (who was an associate iudge ha
Blue Dick came through ahead some FIVE or six inches
the third Judge entertained the confident opinion that
was dead heat. and after few moments dead hea, wal
| officially announced"l
| There was no such thing on the grand stand, OF
the stand adoiaing within several yards of it, 'a.
disputing about the vinner." The cry was, &" He
has got II he has got it by headp' and others
said he had got it by neck. How il was possible
! for this reporter alluded to- amid such shouting a,
some 5000 yards distance" as he states himself, to
know what the EXPLANATIONS were or what was
taking place on the grand stand whether they
were dlsputing about who was the winner, or not
must be great deal more remarkable than that OF
the spectators doubling the judges decision on this
occasion. The repoter-judge proceeds to say:
"This decision excited considerable remark great
majority OF the spectators believing that Blue Dick
the winner by from six inches to two feet but Of
they did not occupy places exactly in front Of the Judges
stand and consequently were unable TO decide accurate
| y. How people who stand from one TO two hundred
yards fiom the line know much about the result
OF heat than three gentlemen who placed in the
Judges stand expressly to decide the matter really
somewhat remarkable and yet they do not scrupie on
all occasions 10 set up their judgment in opposition &c
| the constituted authorities"
| Now, this is not altogether correct. There were
several highly respectable gentlemen the grand
stand exactly IN front OF the Judges stand and at not
more than twenty wards dis,ance-not 1.-TWO hun
dred," as ne states-lntently watching the coming
IN, who were quite as capable OF Judging correctly
those the Judges stand; indeed more so for the
winning horse, Blue Dick, ran Cn the outside, while
Fashion was almost under the stand on the inside
This position any one acquainted with racing will
acknowledge to be such one as might, to per-
son the Judges stand throw the outside horse 10
his view, rather behind, but to those the oppo
site side, in exact line, there could be no such
view; and that those who were so piac ed
SHOULD set up their Judgment in opposition to the
constituted authorities" on this occasion, can be
no ways remarkable at all; and hope in all such
sarng occasions they will not scrupie to do so,
unless they or the club take more efficient means
10 prevent snch decisions for the future.
There is another remarkable feature about this
affair IT appears from the reporter Judges ac-
count. that the three judges had three different
opinions on the subject and that this Judge, and
way in their opinions 10 the third, who thought it
was a dead heat Now we have been told this
was done for the sake of peace and harmony =: but
asmuch as we like these two good things in all cir
cumstances OF life, we do not think they were
quite so creditable or desirable when obtained at
the expense of truth, justice, and Judgment
Why did not the Judges when they found there
was varied opinions among themselves, and such
an Outburst OF indignation at their decision, by
winners, LOSERS. and the spectators generally
when they heard the opinions which followed so
fully and fairly gwen, call into their aid the opn
ions and advice OF others, whose standing and cha
racter IN society would have at once stamped the
proceedings and the decision with satisfaction
The judges have power to do so on such like oc-
casions; then why was II not exercised! The first
part OF the Sth section OF the rules and regulations
of ft,p NatU XnrE ciyav tpt,
4" That all disputes shall be decided by the Judges
of the dav, from whose decision there shall be no
appeal unless at the judges Discretion" Then why
were they not discreet enough to call into their
assistance the judgment Of parties, whose opinions
might have settled the matter at once. This
the public is very anxious to know, and it is fit and
proper they should know.
The New York Jockey Club has lately had what
may be termed q Judges Chair erected IN front OF
the grand stand, the purpose OF which was to de-
eide all doubt In such hike occurrences. On this
occasion there was no one in it; but we feel as
sured, had any disnterested person been placed
therein, the matter could not by any possibility have
been decided as 1t has been, for from thence
exact view OF the relative position of the animals
as they came home would have been had Inan
there could be from the stand opposite. This may
be carried into effect for the future, but it is bur
little satisfaction 10 losers and the public
10 have the {" stable locked after the steed
is stolen" 1t must also now be more
doubtful than ever, the necessity for three
judges In other countries where racing has reach
ed much higher pinnacle than we fear it will ever
reach in this 1t Is not found necessary; ard the
consequence Is, we never hear of such "dead
heats. If there be nec ssity for three, let it be
the duty Of two OF them to watch the running close
iy as it proceeds. TO that every thing is fair and
accordance with the laws Of racing, and the third
so placed, for instance in the chair opposite the
stand, to watch tEe coming in, and upon whose de-
cslon alone the result TO abide. If gentleman OF
good standing in society, one on whom the public
had every confidence in, and among the patrons of
the turf there are many SUCH, was thus placed, we
should seldom or never hear of these "dead heats"
This Is done in other places why cannot ii be done
here? But indeed the New York Jocky Club are
somewhat lax in attending to their own rules, and
strcter and more impartial adherence TO them in
all respects might give more satisfaction to the pub
lie. We should not have alluded to this occurrence
IN particular, but that IN race between Boston
and Mariner, a somewhat similar decision, in
opposition to ine-tenths OF the spectators, was
given by one of the parties who presided on this
occasion. We hope, that this being second
error OF judgment, we shall never have third.
1t matters little to US how this question was or is
declded It will not make one cent difference to us,
one way or the other but we like to see and
hear fair play, and having strong desire to sup.
port this most healthy and honorable amusement,
as long as 1t is conducted on fair and Just princl-
Piles, viii continue to do so by all the means that
lies In our power, bu. at the same time in this as
IN every other proceeding, Will, we hope, be ever
found ready and willing to protect the public from
fraud and injustice, by exposing it whenever it is
possible.
We hope these remarks will be received in the
spirit as they offered Great dissatisfac-
ton prevails in The public mind on the decision
given in this instance, and ii is, if possible. TO aid
IN satisfying the public that we have reverted to it.
SUPREME CoURT.--June 6.-Present, Mr.. Chief
Juslce Nelson.-SwitZer ads Watson and AL mo.
ton to change acknowledgements Warner and
al order that SO 75be deducted from the execution
improper items taxed and that directions to sheriff col
lect interest be stricken out without costsBradt
Jackson order, exparte, that defendant show ut
next special term why attachment should not issue
for violation OF an order to stay waste Dunlop ads
Frink motion for Judgment, in OF nonsuit gran
ted, with leave TO spulae Bennett ads Eancox notion
for judgment as in case of nonsu denied Hall VS.. Hall
motion TO refer granted unless defendant spulae to
certain Tems-hliller vs.. Aus,n motion for appellant OF
next friend grantedMerritt ads Coffin, motion 10 change
venue and to refer granted by deaultKeecr Melns
and another cause motion to set off judg sc denied with
costsBrewn ads Taylor and al to qulsh writ OF
denied, without costs and whou, preudce-Secor
ads DEMONSTRATION to set asde inquest aud subsequent
nm nav fofc nctp cf