The San Francisco call., 1898-12-02
JOCKEY DENNIS
 GUARDIANSHIP Legal Battle for Control of a Bright Boy. ROMANTIC CAREER REVIEWED THE LADS LIFE BEFORE HE BE-
 CAME A RIDER. In Court He Declares That He Wants to Stay With Thomas IF.
 Boyle, His Friend and
 Employer.
THE LADS LIFE BEFORE HE BE-
 CAME A RIDER.
Special Dispatch to The Call.

SACRAMENTO, Dec. 1.-There was legal battle in the Superior Court to- day for the possession of boy that has aroused considerable interest among horsemen throughout the State. The boy is Frank Devin, IA years old. who has attained considerable of reputa-. tion as jockey, and who seeks to have Thomas H. Boyle, the well-known horseman, made his guardian:
 The petition for guardianship is being opposed by w. B. Devin and wife, who reared the young jockey. When Devin was but thirteen months old he was a waif, and an aged woman, who had him in charge, made continual application to the Board of Supervisors of Sacra- mento County for aid in his support.
 George O. Bates, who was then Su- pervisor, tiring of these continual ap- plications, declared to the woman one day that if she would give him the boy he would care for him. The woman took him at his word there and then. and Bates placed the little fellow in charge of his daughter, Mrs. w. B. Devin. who named him Frank Devin.
 Three years ago Thomas Boyle found Frank running around on the streets and offered to take charge of him. Per mission was granted, although there was no legal agreement to that effect. Under Boyle's tutelage Devin has blos- somed into strong rider with a prom ising future before him. Under the cir cumstances Boyle was anxious to se- cure legal control of his little friend and upon Boyles suggestion Devin ap- piled to have Boyle appointed his guar dian.
 On the witness stand to-day Boyle declared that Devin had ridden a great many winning mounts and had made as high as $400 or $500 month. He de- clared that if he was appointed guar dian all the money earned sby the boy would be banked in the boys name He denied that he had any interest in the boy other than strong personal liking and desire to see him succeed. As guardian, however, he would expect the boy to ride his mounts free of charge, but would see that he had ample opportunity to secure outside mounts.
 These statements were made in an- swer to questions asked by counsel for the Deyins, for the evident purpose of showing that Boyle simply wanted to control the boys earnings, which, 1t was htnted, were very considerable in year. Boyles counsel, on the other hand, attempted to show that this is the interest the Devins have in the case. and that before the earning capacity of the boy was known to them they neglected him.
 The interesting feature of the case was the testimony of Jockey Frank Devin, who declared that he had ap- piled to have Boyle appointed guardian entirely of his own free will. He was moved to do this, he said, because Boyle had been his friend and to him he owed his success. When asked by opposing counsel if he would not ac- cept a liberal offer from Burns & Warehouse he replied that they could have second call if they wanted it, but that Boyle should have first call, free of charge. He said he proposed to stay by his benefactor.
 Young Devin has ridden on nearly every track in the State, making his best records this season at Los Angeles and Ingleside.
 The petition for guardianship will be taken under advisement by the court