, 1889-07-11
YARNELL'S DEATH.
The Jury Fails to Fasten the
Blame on Anyone But Gem
sures Carelessness.
Jockey Edward Fortune Has Ex-
animation Before Judge Cur
ry and is Exonerated.

buried to-day at IL 4. NJ. from the un-
dcrtaking rooms of Bickslcr e Webster.
The remains will be inferred In Green
wood cemetery. None of the boys rela-
tivcs being present, A. A. Ncwbery,
president of the Fair association, took
charge of him Immediately after the
accident and Will see that he Is dcccntly
buried. The father of the boy lives
near Cottonwood Springs, Idaho. He is
farmer of limited means and Is Il wild
over with q large family. 1t is presumed
that he docs not yet know of the aCci.
dent which resulted in the death of his
son, as he lives sixteen miles from n
railroad station and it was i'm
possible to reach him by telegraph.
The sad news will probably reach him
to-day by mail or messenger. Charley
was bright boy, and was well liked by
all who knew him. He was compare.
lively green as a jockey but was con-
sidcred good rider for the amount of
experience nc had had.
Coroner Mclean summoned a jury
yesterday afternoon to inquire into the
cause of his death After examining u
large number of witnesses the jury re-
turned verdict to the effect that de-
ceased came TO his death from the effects
of the fall caused bN tho stumbling of
Bingo, but from the testimony the jury
was unable to decide as to the cause of
the horses falling The jury gave the
opinion In rendering the verdict that
Jockeys should he made to feel their re-
~pon,iblity in cases Of this kind, and
that in future they should he held to
strict accountability for their acts of
carolessncss.
IN. FORTUNES EXAMINATION.
Immediately after the conclusion of
the testimony before the coroner's jury,
the case of the Territory vs.. Ed. Fortune,
the Jockey who rode Coloma in the race,
was called before Judge Curry. Jack
Bnrgcr, Fandango's jockey, had previ-
ously been discharged 4. A. Ncwbery
preferred charge Of involuntary man
slaughter against Fortune. w. NJ. Rid
path, IN the absence of Prosecuting At
torncy Jones appeared for the prosccu.
ton, and w. NJ. Murray and y. T. Cation
conducted the defense. When all was in
readiness to begin the examination, Mr..
Cation called the attention of the court
to the fact that the Coroncrs jury had
failed to attach any blame to Fortune.
Mr.. Cation thought it useless expense
to the county to proceed with the exam
ination under the circumstances. He
then turned toward Mr., Newbery, and
earnestly requested him to with
draw the charge. Mr.. Ncwbery
firmly refused, whereupon Mr., Cation
said "All right, Mr., Newbcry, We will
60 on; but give you notice right now
that will see that the costs of this ac-
tiou are not charged to the taxpayers of
Spokane county"
pr Pitman testified that Coloma ap.
reared to be about half a length ahead of
Bingo when he crowded in and took the
pole. Witness thought Bingo's front feet
struck Coloma's heels and that this
caused l5iugO tO fall.
u. :. Fountain, the owner of Bingo,
testified that Bingo started fifth in the
race on the outside, then took the pole
and had II when the horses turned into
the home stretch. Witness did not see
Bingo fall, his attention having been di-
vcrtcd at the moment. Biugo had never
fallen in race before. but came very
near il once by slipping on Il turn on II
hat-mlc track which was wet at the
time.
Charley Beard and DR.. Morgan both
Sworc positively that Coloma got the
pole turning into the stretch and that he
was two lengths ahead of Bingo when
tho latter fell, and that there was no col
lision of any kind.
Officer Lewis and b. NJ. Whiting both
testified To seeing Bingo fall, but could
not say whether C0loma foulcd him.
Be. Van Houtcn testified that as the
horses rounded the turn coming home
Colomu was slightly in the lead, and that
he swervcd in ahead of Bingo, immedi-
ately after which the latter fell.
ID. NJ. Drumhcller testified that when
the horses turned into the home stretch
BingO was in the lead. As they came up
the stretch Bingo appeared to waver,
when Coloma passed him and took the
pole.
A. A. Newbery testified that as the
horses came down the stretch Ringo
had the pole and one of the sorrel horses
pulled in front ofhim and took it from
him, Immediately after which Bingo
fell, Coloma had the pole when he
passed under the wire.
Tommy Shaw, j. NJ. r. jockey, testi-
fled that when he passed Coloma at the
eighth pole Coloma was daylight ahead
of Bingo.
Mr.. Reed, a race horse man, testified:
~ was sitting on the rail of the top seat
ofthe grand stand and was consequently
so high up that could see every part Of
the race distinctly As the horses went
down the back stretch remarked to two
other race horse men who were with me
that Bingo would either give out or fall
down before he reached the wire, as his
rider was letting him have his head too
much. Before coming into the home
stretch Bingo wavered and fclh back.
When he fell down he was two lengths
behind both Coloma and Fandango.
Ed Fortune testified: "I was the
Jockey on Coloma in the race. Had on
ly known deceased two or three days.
we came under the wire | had
the pole; had it from the
time we swung into the head of the
stretch. When Ipassed Bingo the boy,
who was green, was letting him have his
head. did not see Bingo fall and did
not know he had fallen until | went to
get my weight and saw the crowd run
ming. Bingo had the pole Just before |
took il, three -eights of a mile from home.
When took the pole from Bingo | was
for enough ahead of him not TO impede
him. did not come in contact with
him at all.
The case was submitted without argu-
ment, and Judge Curry at once discharged
the defendant. Immediately after be-
ing discharged Fortune received tele-
gram from his wife, who is in Port
land, and who had heard of his trouble,
asking for information, and Fortune
hastened to the telegraph office to wire
the good news of his acquittal
Fortune, who is n man about 30 years
Of age, appears to feel very badly over
tha death of young Yandell, and says he