Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1890-05-01
Mr.. MOBILES Side Of the Case.


Association anu F. L. Johnston. its
President, requiring them to show
cause why they should not be punished
tor contempt in violating the injunction
~ Alcry on case. The proceedings be
fore the court on that occasion did not
involve the merits Of the controversy
peudlng IN court, and | was not pres
eut, The question then before the
court simply involved the question
whether the respondents were guilty Of
contempt IN q. ssing the resolution Of
suspension OF February II. 1880. and
as u was To he heard upon papers pro-
dnced at the hearing it only required
The presence OF III" counsel engaged ia
the case. On that occasion. however.
AL affidavit OF George W. Archer was
real ~ the counsel for The e-pondenl>,
slons alleged 10 have been made b, me
IN regard 10 the Balch race. This aili-
daNIt' a. well as the affidavit Of Mr.
Johnston upon the same subject, had
troversy that was then before the court
and the Judge who heard the case So
remarked at the time, although his re-
marks upon the subject do not seem
to appear in YOUR report Of the pro
"cedincs, and SO far a. the atiiIavit,
related to this subject. The counsel tor
the respondents admitted that they HAD
no relevancy or materialtv. They
were evidently made aud read at that
time for the purpose of creating Il
prejudice in the mind of the court
against the complaiaants in the Alcryon
case and to prejudice the public mind
against them. and lest the snid attn.
davits should have that effect and ac-
compli.h that lurpose | wish 10 st.
pubiicly through YOUR parer that Mr.
Archer j. mistaken IN regard Ia a very
important part of the conversation
which he had with me at the Nnr-ov
Hill Hotel IN New York f,.I called
upou 10 DENY. and | do most cmnbaric.
allv. that said 10 Mr.. Archer that
the horse had been sLnd few dav. M
fore So THAI no driver could drive him
to win tie rarc ,len stated IA Mr.
Archer that iftLe bor., h,d ma, ,hro,r
hi ,o,-seioI,, /, III ras, h.ot ,lon,b,
we would hny, won the heat. bur ll,at
il The horse had been tro,ting for nv
life On that dav he could not have won
the race. IL my opinion.
The charge made against me in tie
Board of Review of the National A-so.
citation wa, that # fraud Immediately
preceding and in the race a, Boston. /,
would now seem. hy the affidavit 81
Mr.. Archer. thai il i. claimed ,ba, Tile
race had been prcarranped and the
horse Alcryon ,hod 50 ia, il Womb
have been impossible for him To win.
When We were first notified that a case
would be brought AGAINST II. Mr. Roll.
ems made an affidavit OF the tact. reloi-
inr 10 the race and Tie ,hoejno of the
horse. with "A view to hayiug said atH.
davit PRODUCED before the BOARD in
New York if il shnnld become neces-
sary 10 use il. II was moi used he.
cause the case was then adjourned. but
this affidavit correctly state. and SETS
forth the fact, II raonrJ ~ III conJi.
tion of the hnrs, hi. nrenara,i,n and
.hoeipg for the race. and the manner in
which he was driven in tbe race md
the affidavit read. as follow.
STATE OF NIcuIGAy. Go. Of Ken, =
George G.. Robens. of the CITY of
Grand Rapid.. Comfy Of Kent and
State of MICHIGAN. being dnlv sworn
d.poscs aid SAYS hat he r.c.nt,v ra-
ceiyed A notice by mail from The >ecrs-
tary Of the National Trot,ing Associa-
ton that a ease would H.. hrouoht
AGAINST depopent for comnlici,v in the
ALLEGED traud in the ten thousand dol.
lar $50. O0O Balcb stallion Race n,
Beacon Park. Boston. Mass. on Sen.
tember %. lssg. At the meeting If The
Board in New York on December 3
1889. Deponent further say. that he
has not seen anv charge and knows
nothing of the nature of the proposed
charge except as he has learned it from
statements in newspapers and rumors.