The morning call., 1893-03-30
''HE CAN HAVE HER"
Result of the Trial of the
WilIiams-Ashe Suit.
"Now, GERALDINE IS MINE"
A Verdict for Williams, but Ashe Can
Have the Mare When He
Pays Up.

L
Geraldine case
The big raeehorse man took the stand and
went over his whole connection with the
case from beginning to end.
We had several talks, Kelly and my
self, about taking the stock. OF course
Nike could do nothing with il and natuT-
ally wanted to dispose of the property.
n" showed me the nil OF sale ne had
from AShe and ! saw ii was genuine and
vested a perfect right TO tha horses IN
Nelly. There were little things In It which
might have been changed, but | was salts
ned and told Kelly would take the animals
of his hands.
That paper was written ont by me in
once on SansOme street. The next evening
brought it out and told Kelly where to go
to get pen and ink and sign 1t. The bill of
sale transferred 10 ms the property de-
scribed in Ashes bill of sale L Kelly.
Meanwhile Kelly went into my employ,
and lie asked me whether could not also
employ Duffy, who had been working uu-
der him for several years.
i saw Duffy and he said he would like to
so TO work for NE. ! said. Now, Duffy,
are you perfectly free to leave Ashes en-
plOy| and he said he was"
ny did you ask him that.
Because the rules Of the association
forbid any man employing person already
under contract to another man. We are
very strict about that.
After ! bought the horses from Kelly |
took Geraldine by the halter and started to
lead her from Ashes stable to a stall had
permission 10 use. She is a very nervous
animal and | was strange TO her aud she
commenced tn jump.
Duffy said, Better let me take her, MI
Williams
80 he took the mare by the head and l
held the end of the halter strap and to-
Rether we led her away to the stall"
Then the witness went on to tell how he
had Duffy sleep In the same stall with Ger
oil Ina ord oil baf2 tn,l-s ~. a
Both these precautions, he explained. are
often taken by racing men to prevent the
horses being drusged just before race by
bOOkmakers or other persons interested III
the result.
After the race I told Duffy that II any,
thing went wrong with the horse to let me
know.
81 always dine at Marchaud's. and I told
him TO come for me there at any time up to
O'clock. After that would be al the
theateT.
the day Ashe got away with the mare
Duffy found me al Marchand's. He was
pale a ghost.
He said that Ashe had come up unsus-
pieiouSly and asked him to let him have one
last look at the dear old mare
'Suspecting nothing he brought out the
racer and submitted her 10 the last linger-
ing. loving earesseS Of her former master.
Then continued Duffy, Porter says:
Take OF the blankets, Duffy, and let me
pa her back" l did so. Suddenly up
c'mes SID Ashe aud drops 4 saddle on her
tack. At the same moment Billy Ashe
ilns up and draws me aside and says:
Now, Duffy, let us attend to this little
matter" Then sid mounted the mare and
away they all went
Mr.. Williams was next deXtr0uslv shifted
by his counsel from his capacity as a mere
plaintiff 10 that Of racehorse expert, and
he proceeded 10 testify as such.
MT. Williams, you are man of large
experience in racehorses ?" said his counsel
u n IL a "a feat - in bis
stockings. answered ROdestly that he was
a man Of large experience, having handled
the Heet-toOted quadrupeds on two sides of
the continent
What do you consider the value of
Geraldine?"
From $500 to $1,000" he answered, with
promptness indicating that the question
vas not entirely new 10 him.
And the yearings?'
The tall turfman knitted his brow.
"Gentemen.' lie said at length, you
can gamble on yesrlings"
~ GU sneak from experience, do you, Mr..
Wiliiams?"
Il do decidedly. I once bought two
yeari.ugs for $500 apiece and sold them
little later for Sl2 80 apiece. | did not get
rich on the tran sacuon. Yearlings are
liable to develop all sorts of maladies and
weaknesses, but l think that Ii would be
safe to say that The three colts are worth
about $500"
just then a messenger-boy rushed in 20
boy-and inquired in stage whisper
whether lie could speak to Mi Williams.
NJ do not object if counsel is willing"
said Mr.. CoOgan. bla3dly, waving his hand
at Attorney Wallace.
"And I'm sure l don't object" returned
tie latter gentleman, "as long as the mes
sengeT-bOy Is willing" and every BODY in
Guiding Williams, laughed gpod-naturedly
In the afternoon the defendants in rebuff
tai sought to contradict the testimony of
Witness R1eder who some days ago testi-
fed that he was with Ashe and Kelly when
the bin OF sale passed from the former 10
tile latter, and that Ashe had declared the
instrument to be a valid transfer Of the title
10 the property.
Captain Lees was called to rebut this
statement Of Roeder The captain testified
that IN conversation with the latter Roeder
rad stated that be did not know ANYTHING
about the conversation between the two
men. Later Matt Fuller testified TO the
same effect
This closed the testimony. and counsel
metaphUrically took off their coats and pre-
pared bSurauvely to cut each others threats
IN the argument.
M CooGan made the opening speech for
tie plaintiff, and of course he told the jury
that there wasn't a particle Of Doubt buI
that Williams had established a perfect
case. He saved himself for his closing
argument and spoke only about fifteen
minutes.
MI. Wallace then arose and he respect
T.
had cOnclusiyely proved that he owned the
horses. He spoke for three-Quariers of an
hour moDped his forehead aud SAT down
upon which Mi Coogan again arose and
concluded his argument for Mr. Williams
Tile jury looked as If !hey wanted to say,
us ali as clear as mud" but they didn't,
and tie Sheriff led them out to wrestle with
the racing problems in the privacy of the
jury-room.
s few minutes before 9 o'clock the Jury
announced that a verdict had been agreed
upon.
Porter Ashe and his brother. Sydney
AshP, arrived, and quietly discussed the
probable verdict with friends In the court
room
Judge Hunt arrived a few m inutes later,
the twelve weary jurors fled into the jury
box, and the foreman delivered the follow
ing written verdict 10 the CLERK:
We the jurors find a verdict in favor OF
the plaintiff for the return Of the property
described on the complaint, and fiud the
value Of his interest in said properly to be
the sum Of $500 "a.
Owing to the phraseology of the verdict 1t
caused some confusion. Ashe and his
friends did not At first comprehend its i'm
port, and their counteDaDces fell yisibly
when the words in favor Of plaintiff" were
read.
When ne learned. however, that upon the
payment of the amount he would be en-
titled TO keep possession OF the mare there
we're many expressions of JOY in the Ashe
camp.
Ashe and his friends consider the verdict
practically q ylctoty.
Ashes attorneys made a motion for stay
of proceedings. and Judge Hunt granted
hem ten days, when judgment will be en-
tered.
When the jury was pOlled nine favored
the verdict as given, while the other three
were in favor of assessing Ashes indebted
ness at the full amount of the suit
Porter Ashe expressed himself as thor
oughly satisfied with the outcome Of the
SUIT, as by the decision he still retains os-
session Of his valuable mare.
81 have always been willing to pay the
amount Of my indebtedness" he said, "but
thgy wanted the mare. But all that is
- 4 4 4. i