The New York herald., 1874-12-12

that he mad q better record than gao at the tme
OF the contest In Cuba. The three responden,,ss >
hives In Paterson N. J., and was until recently
/ doing the business OF butcheT
bought the stallion Pas passalo M,son ,aS VINO dealt dealt
In horses purchased him because ne has & SUM- ,,re
speed, thought about three minutes ms vr' &c snaa %
| IN Cuba was 81 and his improvement Ia speeu
| the witness developed during the summer; neset
saw the stallion " II. Ripley; Passaic was m,n pas,
! nine years old; the witness sold him last month
TO one Vim. Moore. OF New York, a sporting man,
| and he at once took him south; Carpenter couiu
"y lanes mes Mckee WAS next sworn. lie saio that,
being IN Cuba during the fall meeting oil the Vaiiey
| PARK Association. ne was asked TO drive Passac
In question: Carpenter being sick did so. aud won
In the class; Passac was at hrsi protested as
Patchen Cnle, but found that he was dead; tney ;
never paid Carpenter his premium, as ne was IN
formed. Mckee, when interrogated on tnts point
said that ne had been In race with ktpiey TWO
Ia one Of the afiidavits i was charged that ne
tMcKeel had driven Ripley thus summer. 40.
sssa neen 'as Years rs A oid. and that Passaic had
more speed than hun; Mckee drove ,as,. R,p.
Ley IN ,oe cuba Race meeting James irving ne
third respondent, then testded. He said that
Ripley was owned by his son, and that he never
was IN Cuba. Al the time OIL that race Ripley was
on ms way to Middletown, or had arrived there,
to trot Tor one OF the purses OF the meeting. Later
in the day the Board had Mr.. lrving's son before
them, and he testified to the same effect The
case was then continued until the March term.
DECISIONS
The Board, through Secretary Vail, promulgated
the lollo wing DECISIONS late asst night. The
have caused much comment IN the trotting
world.
No. AZ told docket). E. s. Stokes vs. II. N. Smith
and decision OF the Fleetwood Park Association
This application was first presented al The meeting
OF the Board, December %, 1871, and continued TO
the semi-annual meeting Tor want OF suitable
notice TO the parties, Yalcn was ordered Az tne
semi annual meeting, January 9, 1872, exceptions
were nled by defendants counsel when were
overruled by the Board when the application was
ordered continued. Briefly, the case IS as loi-
lows -Messrs Stokes and Fish, on saturday
l5tn OF July 1871, had a match race Tor 81 500
q side between the chestnut mare Jose
phjne and brown mare Juno, to come OF
at Fleetwood Park. uuder the national rules.
When the day Tor the race 10 be trotted arrived
shower coming up just before three O'Clock and
lasting fifteen minutes or thereabouts, the ques-
Stokes at last deciding that the track was NOT
good, and Immediately aiterward went home
President Van Courtlandt appointed as Judges
Messrs. Sheppard F. Knapp and william Shaw,
who, together with himself went INTO the stand,
logged around the track. whereupon the race was
awarded to her. subsequently,, upon Ger.
A. Buck, the stakeholder, the $1,000 was handed
over TO Mr. Smith. On the following Monday stokes
went to the track, had judges put on the stand,
track wnen Stokes claimed the stakes. Tne case
was presented to the Board by counsel, and sew
era witnesses were examined and documentary
evidence produced. Decsion-The Board affirm
the decision OF the judges OF the race and the
Smith had won and was entitled to the stakes.
No. 1872. K. J. Wheeler, OF Toledo, vs.. Graves
that the mare Clementine had been entered
and trotted III various purses where she was in
eligible; In addition TO the allegations Sas
been in prominent journals, devoted
to the pu6catlon Of sporting matters,
mare was lraudulently entered IN The several
cases mentioned. Messrs. Graves Looms
showed by undisputed evidence that the charges
n "A
continued from sitting to sitting OF the
Board to allow Mr.. Wheeler an opportu-
but he failed TO do so and admitted IN q recent
communication to the Board that he was unaole
to make good his assertions. Decislon-The
Board, as an act OF justice, and from q sense OF
right TO Messrs. Graves & LOOMS, hold that the
charges against them have not been proved, and
therefore dismiss the case.
No. 294. W. N. Humphreys, New York. vs.. Mar
ragansett Park Association, Providence, X. L-Ap-
peal from an order suspending him and the chest
nut geldlng Judge Fullerton for non-payment OF
entrance money.-Dec,sion-The Board decides
tnat Mr.. Humphreys cannot be held lor the en-
No. 27s. owners and others OF bay mare Ameri-
can Girl VS.. Narragansett Park Association-Ap-
peal IRON an order suspending American Girl Tor
non-payment OF her entrance fee.-ln trying the
case William L9vel the owner Of the mare
trance, but that his driver had made an
arrangement with William NJ. Humphreys, who had
agreed 10 pay all lees and expenses II sne trotted
TIE amount OF the entrance and penalties. $44O
lS uOW ucpOsiLcu Will tnc tedsuTcI VI tHc Na-
tlonal Association, winch Mr.. Loveii seeks TO have
returned Decison-The Board decide that the
mare cannot be held for the entrance money, SO
Mr.. Lovells $40 Will be returned.
No. 314. Harry hamilton, New ork, vs.. Roch-
ester Driving Park Association, Rochester, N. y
Appeal and claim for third and fourth premiums
on the ground tnat his chestnut geldlng Unknown
had dlstanced the horses to which those preln.
ums were awarded Before the Board the claim
ant advised tnat the gelding Unknown mad
trotted as above. was protested, but al
lowed to start, aud in one Q, the heats dis.
fup ha parG w m q tp1v rA
and fourth premiums. Rain then came on and
the race was postponed until the next morning,
when the judges, remembering that q protested
horse winning heat the distance is waived, al
lowed the dlstanced horses to again trOt with the
ayainsi ii nnxnoWn was wthdrawn during T the race
the party making 1T fearing that ne could not OBJ
tain sufficient proof to substantlate 1t. Decision
Claimants appeal not sustained, the action OF the
judges being Endorsed.
No. 247 John A. Bachelor Chicago, ILL.,, VS.. B.
s. Wright, Boston, Mass-Protest and complaint
alleging an ineligible entry OF the chestnut mare
Molly Morris at Beacon Park.-lt seems that In
the rs race at Beacon Park, September, 1874,
Molly Morris owned by respondent, was protested
by Mr.. Bachelor as having won heat IN better
time than 2s at Freeport, Ill. Mr.. Wright was not
the driver OF the mare at Freeport on this point
and obtaining general denial, allowed her to
proceed In the race. subsequently Mr. Bachelor
visited Mr.. Wright in Boston, and being sa isned
tnat the mare mad obtained the record at Free
port refunded the money won to the Beacon Park
Association. Mr.. Wright appeared before The
Board and stated the facts IN the
as above, and asked such lenlent ruling as they
deemed proper In the matter. An affidavit OF
Mr.. Bachelor made subsequently to his VISIT to
Mr. Wright was also submitted, In which he states
his belel in the sincerity OF Mr. Wrlght's declara-
ton regarding his ignorance Of the previous e.
cord OF Molly Morris. Decslon-The Board under
the circumstances fine Mr.. Wright $500, and alter
payment, all penalties against himself and mare
be removed.
No. a26 Hiram Woodruff, Boston, Mass, vs..
Deerfoot Driving Park William Mcmahon, proprl-
etor, farkvhe. l.. i.-Appeal from an order sus-
pending him and the brown gelding Falmouth
oy.-Decision-ADpeal sustained the board mold
ing that the entrance was not la strict conformity
with the rules OF the National Association. The
horse IS thus restored without liability to the
trance money.
No. 334. ]. W. Myers, Toledo. ONO, vs. Deerfoot
Driving Park, William Mcmahon, proprietor, Park
vile, L. L-Appeal from an order suspendng him
and the brown gelding Vanity Fair.-Declson-
same as above, the horse being restored to all
privileges without payment OF entrance money.
The Board then adjourned Its executive session
he ,ul II