The sun., 1898-10-05
Jockey TOD SLOAN SUED.
r,,1 r1aHT WRAT HE CoNSID-
BE rms AN UNJUST CLAIM

BE rms AN UNJUST CLAIM
.A,,,ber Of n Turf History Says sloan
Ts. Ths Him $3.50 for Copies of the Book
VA for Printing His Picture In lt-Mis-
n,.,sntation the Basis OF tho Defence'
r.a s,oap. the American jockey who Is at
lou shining fame on English racetracks.
press.S. Jsfendant yesterday in suit for $3.50
,sht against him by Charles II. Nicoll,
p,,.h.r OF a book called The American
H.1T The case came up In the Second Dis
1u ~. Municipal Court at Centre and Grand
w.. Wv, this city. but, as Sloan is In Europe
III ~ S,oa postponed for three months to enable
VIE u';notoy to be present. The facts OF the case.
.,vor. were brought out In court. Justice
T.,r,an Bote presided.
T,.oll alleged in his complaint that In the
amer Of 1897 canvassers for his book In
,ud .u..d sloan not only TO order dozen copies.
~, LAO TO agree to pay the publisher $50 IL he
Via print his picture and biography In the
W. ~ For each copy. 1t Is alleged. Sloan
,orssd to pay $25. so that the total bill for the
.S..ivo copies and the picture and biography
vs$S5O,
..s,nrday that the history was not published
tbat sloans picture and biography did not
s'n,rorv. Charles S. Hayes. attorney for Sloan.
- his oral answer made in court. admitted
%,t tbe picture and biography were printed.
"a there was not the slightest hint that
sn,ns "wrte-up." taken by itself. was not
.,sscently nattering. But Sloan protested
sohsmently against the company in which he
h,d dbeen placed. His attorney alleged that the
L.tsy's signature had been obtained by mis-
,.rresentation and fraud. He said that the
,.rvsssers OF the book had represented that It
-,s 10 be an accurate history OF racing In
Im.rica. with biographical sketches Of real
tur, celebrities Sloan. he said. had every rea-
,oD 10 believe that the book would contain only
tbeleading owners. trainers and Jockeys
"suoh a book" said Hayes. would have
h.sn A credit to the turf. and had Sloan's
nbotoRraph appeared In such a history he
xould not have hesitated to draw his check for
ths tlll amount But when the book came out
n contained lot Of nutshell biographies Of
noneutities, sketches Of stableboys and photo
rraphs OF negro loungers. OF course. there
ara few representative racing mon in the
book but we contend that the publication 10
not what It was cracked up to be. and that It re-
fleets no credit upon Sloan to be put In book
which contains write ups equally hattering to
a lot OF racetrack hangers-on. who were never
heard OF before. Besides. IN our case there was
no actual delivery OF the book, and. Of course,
my client is not going to pay for something he
u'S As Sloan was not present his attorney had to
choose between giving suitable bond for in
Identification in case the jockey did not return
10 America In time for the trial, or else allow
the to G s6E asTs TO oy 6eag sbs
fault Judgment upon Sloan's return. Hayes
elected to give bond. and he proposed Sol
Iichtenstein. the bookmaker.
William q Timpn. nftnrnav for thA DlRinftn
objected to the acceptance OF Lichtenstein as
bondsman.
,shment. this bondsman Is eligible to 60 on a
This bond is only for 500. and Lichtenstein's s
house at 611 West End avenue is alone worth
'"t don't doubt that the bondsman has enough
property" said ,Timm. but l make the tech
court as the law requires. except upon stipu-
lation. | have right to make all the tech,
going to trial in this suit"
That is nonsense. your Honor" replied
eSme Sloan has would 20 snyWSere to sa esespe sp
the payment OF a paitry $3.50 II the debt were
Just! Ho was regularly released from his con-
d show the how 20 to orSE ride 70 He
@ PSsssns indqatIqns % he viii % he regular VAIN ;
Justice Boito said that under the circum;
giaices he would accept the bond. but would
allow Timm the usual opportunity to inspect
II. He then set the case down for Oct. 19. on
which date. II the bond Is satisfactory. he will
put the case on the calendar again for trial
three months from date with the understand
ing that should Sloan return to this country
before that time the case will be set for trial
a week after he gets back.
Sloan iss not the only person connected with
said yesterday that he had brought about l25
casoS against less distinguished followers OF
Tho turf who had signed contracts to pay $25
for the book and $50 for the publication of their
photograph. but who subsequently, refused to
pay on the ground that the canvassers had mis-
represented the matter to them. In the case
OF several better known turfmen who had been
sued they alleGe in their answers that
tho canyassers induced them to believe
that they were to get a free copy OF the book,
Including their photograph, and that not until
they received bill for SIS did they learn the
nature OF the agreement they had signed. Tho
publishers OF the book have obtained many
judgments by default against some OF the sub
sGrbers whose biographies were printed. but
Mr. Iimm admitted that 1t would be much
harder TO collect from them than 1t was to
obtain Judgment against them by, default, A
lldgments have decided to fight the cases
against them.
The book in question is an deliberately bound
one, large in size. and showiy printed. The
edges are Gkt, and it contains many photo
graphs, nvmber of which are OF persons
whose names are not familiar to patrons OF the
turf. 1t was copyrighted by The Historical
company" and Nicoll q Roy are announced as
the printers.