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

the attempt at explanation made by a weekly con
temporary. Indeed, this ATTEMPT places the matter
in a worse light, if possible, than that IN which il
was first thought to have stood. The reporter Of
the paper alluded to states
"The shouts were deafenng ON all sides the friends
each horse appearing to exert their lungs to the utmost
in cheering and dsputins about the winar The President
immediately announced that majority Of the judges
pronounced this dead heat" His own opinion was that
Fashion was the winner and he so informed the owner
writer oi this report (who associate udge that
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
Ofhciaily announced"1
! There was no such thing on the grand stand, or
the stand adoiaing within several yards Of it, "as
disputing about the winna." The cry was, He
has got 1t he has got it by head" and others
said he had got it by a neck. How it was possible
for this reporter alluded to, amid such shouting, at
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 this
occasion. The reporter-judge proceeds to say:
"This decision excited considerable remark, great
majority OF the spectators believing that Blue Dick
the winner by from six inches feet bit of eo, Sc
they did not occupy places exactly in front Of e Judges
stand and consequently unable TO decide accurate
| ly. How people who stand from to two hundred
yards from the line know much about the result
of heat than three gentlemen who are placed in the
Judges stand expressly to decide the matter is really
somewhat remarkable and yet they do not scrupie
nil occasions TO set their judgment in opposition to
| the constituted authorities"
Now, this is not altogether correct. There were
several highly respectable gentlemen on the grand
stand exactly IN front of the Judges stand and at not
more than twenty yards distance not "two hun
dred" us ne states-nenty watching the coming
in, who were qnlte as capable Of Judging correctly
those on the Judges stand; indeed, more for the
winning horse, Blue Dick, On 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 a per-
the judges stand, throw the outside horse 10
his view, rather behind, but to those the oppo.
site side, in an exact line there could be no such
view; and that those who were so plac ed
should set up their Judgment in opposition to the
constituted authorities" on this occasion, can be
ways remarkable at all; and we hope in all such
glaring occasions they will not scrupe to do SO,
unless they or the club take more efficient means
70 prevent such decisions for the future.
There is another remarkable feature about this
affair. 1t appears from the reporter Judges ac-
count. that the three judges had three different
opinions on the subject, and that this judge, and
the other who thought Fashion had won gave
way in their opinions 10 the third, who thought it
was dead heat. Now we have been told this
was done for the sake OF peace and harmony but
as much as we like these two good things in ali 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
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 given, call into their aid the opin-
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
casons; Then why was it not exercised! The frs,
part OF the Sh section of the rules and regulations
of the New York Jockey Club says expressly,
IS 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 a Judges Chair erected IN front OF
the grand stand, the purpose of which was to de-
eide all doubt IN such like occurrences. On this
occasion there was no one in it; but we feel as
sured, had any dlslnterested person been placed
therein, the matter could not by any possibility have
been decided as 1t has been, for from thence more
exact view of the relative position of the animals
as they came home would have been mad than
there could be from the stand opposite. This may
be carried lnto effect for the future, but it is but
little satisfaction TO losers and the public
10 have the 6 stable locked after the steed
is stolen" II 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 ssity for three, let il be
the duty Of two Of hem to watch the running close
y it proceeds to see that every thing is lair and
IN accordance with the laws Of racing and the third
so placed, for instance in the chair opposite the
stand, to watch TIE coming in, and upon whose de-
cislon 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
tI,at 1rftb
should seldom or never hear of these dead heats"
This is done in other places why cannot il be done
here? But indeed the New York Jocky Club are
somewhat lax In attending TO their own rules, and
strcer 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 Il race between Boston
and Mariner, somewhat similar decision in
opposition to nlne-tenths Of the spectators, was
given by one of the parties who presided this
occasion. We hope, that this being a second
error OF Judgment, we shall never have third.
1t matters little to how this question was or is
decided; 1t 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,
long as 1t is conducted on fair and Just prncl-
pies, viii continue to do so by all the means tina,
lies in our power, bu. at the same time in this, a.
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 il Is
possible.
We hope these remarks will be received in the
same spirit as they are offered Great dssaiisfac-
ton prevails in The public mind on the decision
given in this instance, and it is, if possible, to aid
in satisfying the public that have reverted to it,
SUPREME CoURT.-June 6.-Present, Mr.. Chief
Jusice Nelson.-Switzer ads. Watson and al mo
ton to change acknowledgements vs. Warner and
al order that 50 - be deducted from the execution as
improper items taxed and that directions to sheriff col
ect interest be stricken out, without costs Bradt
Jackson order exparte, that defendant show
next special term why attachment should not issue
for violation Of an order to stay wase-DuDlcp ads
Frnk, motion for Judgment as in OF nonsu gran.
ted, with leave to stpuaie- Bennett ads Hancox motion
for judgment as in case Of nonsuit denedHall Hall
motion 10 refer granted unless defendant stjpuate
certain Hems-Mr vs. Austin, motion for appellant o.
next friend granted ads Coffin motion change
and to refer granted by defsultKeeier Meus
and another motion to set of udg't SC denied with
cossBrown ads. Tay or and al motion duash writ Of
Denied without costs and without prejudice
ads BrowneNoton to set aside inquest and subsequent