The New York herald., 1873-12-10
rRoTTING TROUBLES.
Meeting OF the Bosrd or Appeals OF the
National Association-The Hopeful
Case ON It's Merita.

Meeting OF the Bosrd OF Appeals OF the
National Association-Thc Hopeful
Case It's Merits.
One OF the most important meetings OF the
Board Of Appeals OF the National Association Tor
the Promotion OF the Interests OF the American
Trotting Turf was begun yesterday at the Everett
House, In this city. The meeting at
tracted large attendance of parties inter-
ested in the welfare OF the trotting
turf both from this city ana from Boston, Phila-
delphia and other localities famous for trotting
contests. At eleven A. NJ, in the absence OF Presi-
dent Sprague, the Board was called TO order by
Mr.. T. ]. VAN, the following members, quorum,
being present:-T J. Vail, Hartford, Conn.,; c. J.
| Hamlin, Buffalo, n. Y. Gates II. Barnard, Troy,
| N Y, and G. Sturgis, OF Philadelphia On motion
| OF Mr.. Sturgs, Mr.. Vail was elected Chair
man, q position which he accepted and he
| ar ouce proceeded to call the old
docket beginning with that famous case
| or f. S. Stokes vs.. II. N. Smith, which OF course
was continued as 1t Is likely TO be- for some time TO
come. This docket consisted Of i've cases, includ-
| ing the case OF Dennison Akers, on which
decision was promised. The next business was
the calling OF the new docket which consisted OF
"a cases, parties answering as their names were
called whether ready for trial net. rs in regular
courts OF law, the cases first announced as ready
being the first to be acted upon subsequently, as
| fonows:-
No. 8. ]. j. Bowen vs. Hampden Park Associa-
| tion, of Springfield Mass.-Application Tor ruling
| and order in the matter OF protest against the
mare Clementine.. Mr.. Whitehead appeared for
the parties interested in the mare. The facts OF
the case being that in the race Tor the 23S purse
at Springfield, Mass. on August %, 1878, an acci-
dent occurred by which Mr.. Bowen's chances
Claiming race that wets as was the
| cause OF the accident, she, under the rules should
| have been distanced; but not being so dlstanceu
Il iudgeS. Bowen protested
| case Mr.. Whitehead filed an afidavit OF Mr.. Roden.
o driving @ ne e
which fact Mr. Whitehead rested his case. The case
was taken under advisement by the Board.
the reopening Of the case 81 H. s. Htner VS.. Mont
gomeryI County Agricultural Society OF Pennsylva-
entry, was decided against Mr. Peters BY the
Board AT the July meeting. Mr. Dedrick, OF Phila-
and succeeded, alter reading several am,
davlts, IN getting the case, Whlcn naa
He then pressed the case e for trial on its merits
Proving personal service OF notice OF trial on Mr.:
Htner who, although present in TINS city. refused q
Mr.. Goodin, Mr.. Fitzpatrick and Mr. Peters, all OF
whom testified that the entry Of the bay geldlng
Jones, instead OF gray gelding, was mere cleri-
cal error OF the gentleman who wrote out the en-
tries. Case taken under advisement.
No. ~. Johns ). Parks VS.. the Woonsocnet Agri-
cultural Society OF Rhode Island.-Applcation TO
set aside the decision OF the judges in race, and
to compel the payment OF premium claimed to have
lah. The facts OF the case being that at the woon-
socket Fair held on September o0 Is, ls7s "a
tween Harry Genet. st. Elmo and Parks
Abdailah. The petitioner claimed that the latter
| second being declared mo heat" by the Judges,
fourth had to be trotted. This, petitioner claims,
he protested against and threatened to carry the
case TO the Board. For the fourth heat Parks Alb
dallah came In first, but was declared distanced
a Mr.. Bailey. one OF the Judges, appeared ior
the association, and asked that the petition
never properly notifed the association OF his inten
! ton OF ''comng before the Board" Evidence pro
and and con % was heard on the point taken, MT White.
long enough to present the legal points oil the petit
toners claim to be heard 6y the Board, who
on It's merits and fixed Thursday evening, at seyen
for the trial.
No. IL George Satterlee vs.. Washington Park
Association OF sandy Hill, y. Y.-Petition for the
removal OF penalty OF suspension imposed upon the
brown stallion Brown Bashaw.-The case grew out
1 Of the somewhat mixed-up meeting held at Sandy
Hll ". u, last September, and as uficient notice
No. 8. W. H. Mitchell vs. Hampden PARK Associa-
ton OF Springfield, Mass.-Appeal In relation TO the
Of gamagesnMr l W6ltehead appeared If for M the as
socaton showing that the horse had been sus
pended ioI non.payment OF entrance @ money, ana m
| that petitioner deserved no iavor at the hands OF
the the ! Board. & No one appearing Ior Mitchell the
/ No. 10-W. II. Jarvis and L. G. chase vs. the
! Prospect Park Fair Grounds Associaton-Petition
i
themselves and the gray eelding hopeful Mr.
whitehead for petitioners, and Mr.. yeeder
manifested in this case, which unfortunately
| was not begun until most dark. The case
| grew out OF the expulsion OF Hopeful,
his driver and owner by the judges, Messrs. Hoag
| land, Layton and Burke, at Prospect Park, on
Saturday september q, the race being for purse
| OF $1,000 for horses that had never beaten
| 2:45, which had IA entries and IL starters,
| Everett Ray winning the first heat in 2:30,
| Miss Miller the second IN 2:32M, Hopeful being
| respectively seventh and fourth, after which
Jarvis was taken out from behind hopeful and
| Charley Green substituted who won the next
three heats in 2:26 2:27 and rs. On the opening
| OF the case Mr.. Whitehead called for the record,
| and, after careful examination claimed that,
| under the laws Of the association and by the
| face OF the record, his clients had
| been punished without being guilty or
any offence. This point argued for
some time by both parties, counsel for the asso-
ciation claiming that the record was sufficient;
that they did not want to try the technical
points, but on its merits pending which the Board
took q recess for dinner. ON reassemDing
| Mr. Barnard was absent Counsel accepted
the Board as 1t stood, and proceeded with
their arguments Mr.. Whitehead still claiming
that on the record the Board was bound to re-
verse the action OF the judges and OF the Prospect
| Park Association. The Board however held that
| the case should proceed on its merits, and called
on the association for their witnesses. At q late
| hour Tim. Hoagland and p c. Burke we're both
| sworn and compelled to submit to a thorough and
| exhaustive cross-examnation at the hands of MIR.
Whitehead. The case will be continued to-day.