The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-12-04
RULINGS OF TROTTING JUDGES
". T. 4. BOARD or REVIEW SITS
UPON MORE CASES.
in Matter OF Fred q. Fisher and the
Horse Col. Dcimar Penalty Il NIOdi.
Ned to $3.50 Ftne-Father and Son In
One Case-Teniporary Reinstatemcnts

Horse Col. Delmar Penalty Il NlOdi
Ned TO $3.50 Fine-rather and Son Il
One Case-Tenporary Reinstatement,
Before be ginning ts second days session
at the Murray Hill Hotel. the Board of Re-
view OF the National Trottlng Association yes
terday gave out the decision In the case o
Stuard against " n and " 4 Simms. known
IA the Elderone case, which occupied tn,
greater part Il the first days meeting III.
exact wording of the decision was:
The evidence of Thomas Stuard and Samue
Maughner, self-confeS perpetrators Of
the most obnoxious frauds against W n
Simms and " 4 Simms, Is not sufficiently cor
roborated. and the case against said " u
and " 4. Simms is dismissed without preju.
dice The secretary H. ordered to further in
vest icate admissions made by witnesses II
these cases and bring them before the oard
| where corroborating evidence can be secured
| The first important case that came before
the toard yesterday was that OF Fred Fisher
vs. the Nevburgn Driving Park Association
| 1t appears that on Aug Is last Fisher started
, the horse Col Dclmar in the Pa class trot
at Newburgn. and after finishing second in the
fr@t heat and third in the second. the judges
requested him to dsmount and give place TO
| another driver This Fisher refused to do
The result was the judges expelled Fisher
and, imposed fine Of 500 From this SEN
tence Fisher asked TO be relieved
| In his own behalf Fisher testified that the
man selected by the ju iges to drive the horse
was a former employee that he Fisher had
discharged. Fisher admitted he had not told
| the judges OF this nor had he stated TO them
his willingness to give up the horse to any
| other driver Letters were read by Secretary
Gocher from Winfield Gibbs. one of the judges,
| stating that since the race he was satisfied
Col Demar could not win the race and that
| Fisher was trying to win Under the cir
. 4 ON n,. u.keH the Board of Kpyip "
to b l,nient II Wilson. another OF the
| judges. said he believed AT the time Fisher
was trying to win, but that his nervous.
awkward actions in the sulky made tine judges
| suspicious.
| Fishers counsel. II VI Whitehead. mad Q
an eloquent appeal 10 the board to be ienient.
holding that the Judges were In error In sus-
pectlng Fisher OF dishones ~. President
johnson Interrupted counsel to say that the
fine and expulsion were not imposed for
pulling the horse. but for refusing to obey the
judges according to the rules. which Ga We
them fuil po WI and CONTROL The case was
reserved for executive session.
| The next important case was that OF YER
non Miller Of Oneida Castle. y y. charged
| with ringing the chestnut pacing mare
Topsy 5 2O9h. under the name of Garnet
| and with starting her In the show classes and
finally driving her TO record Of 2i4I. The
| case had been heard before and continued
Miller had stated that he bred the mare Gar
net and also had raised several foals from
| her, also that he raced her in 1900 for the
FIRST time and gave her record, In 1901 she
was under suspensio,n but this year the mare
ssd tas M srr- @,e p%6S 6sd
knownt Garnet on hts iarin he NationaI
H6drass OF wdh a Rax to ,Ge
.iect that he had visited III, stable Of Vernon
| Miller at Oneida Castle. y Y and there "a "
NE mare called Garnet He positively identi-
| fed the lOusy >. sUtA whom he
had trained in iss;. when she was years
o. the other hand Mr. Miller submitted
| an atiida vii from Hooper q Pierce. Who saw
| the mare at the recent Lexington meeting.
oath. nj. he was trainer, i9r " r stead
man Of wichita, who bred Topsy S, that he
.ed :ar P Sa ss s 9 ess 5s'S Sxns2
The atlldSsit also stated that 1opsy $ waf
Marx s"' than an" Gsrae Msf add
that Garnrt was only IS hands o,a
as he'll Mine A record Of ?ie,, was hnalIy
h T ndeT a" a a.s 9amS Wien Mss9 d.
The cas- Of Georee B Mcclellan, Welimsr
deiendant e:ins present H"' The Only Ttnas
was Frank Walker. the starter, who testified
Ne T,e1 N S: s. d k,s h f. S ra
Dentine. ana, After the horse had been
allowed . compel" ig three heats he was
had entered and was driving, the horse. and
the hors" were expelled weiimer had asked
this exllision, hu, hi. req, est WIS denied
j j Clancy of Newbureh. y Y. was .sus-
pended By tar aSsoSiation at Island PR.
mar" HI 'r'th. named in Ire Clay stak"
The entry ,Tqe made by Charles Byrqnt Wit
: | others ard Mr. Eurdit nd declared the 9th. r,
out MIR CLANCY testified tnat he reycI
authorized Mr.. Burant or any one else t,
SSsd e by the R Board to allow '4i 5nc To'
, get evidCr CO 10 substantial his statement
The trotter Con withers, cl?'. was taker
b. n fHi to an Ty fSlS where ks
entered as Clemmons. Al Oneouta. aries A
"'i S Hha H.. to fo1s s Hss f25s
and MIR PeLnock connected with TIE cas-,
from having driven in two races. Mr. Pen,
. the first time he drove the horse IT was a,
, | the r:aucst Of the Judges OF the race. ,anc
s at the sRsGH Of
b psInock,s CO. win II. next msetiss IN,
and H Dr Palmer md George ii Clemmon 's' o
New York and Glenn Atkins of Liberty, y. Y
The board went, into executive session
: and later ar nounccd tho following decision
% % p Ws.,SG,,t, Milford, ! Y. expelled i
$rid,s:s, &Ms:s FTp P.,Jsr hsyds,S; sq -
and NJ GlIive,ti + mira \ 7 '"" q
> 4 Gloddy. Lowell, Mass was rcinstated IL
= full
n In the case of Vernon Miller and the mar,
4 | Garnet, said to he 1op-y : 2.0gI, tho boart
| held the evidence does not establish tina
| Garnet and Iop~v = were one and the "a mo
. | and the case was filed without prejudice
| The secretary was instructed to continu
I search for Topsv
y = y. Denault Fall River. Mass, and tn
Ws4 d ioI s ih Sas o A0n
OF her class at Woonsocket, r. J. G. II
! | Nelson OF Watervie, Me CHARGED Charle
4 | knowles OF Hartford. Me. with starting IN
4 bay mare LADY Onway out OF her class
: | The board found the mare to be Dolly n
?:?Si. and expelled the horse and Charlie
: | Knowles
The case of Gus Macy was peculiar on
and is fully explained in the decision OF tn
board:
, The gray horse Reelected, was driven b.
Gus MGcey AZ Readvle, Mass and Syracuse
: " Y. while II VI Macy. who figured as tn
, | owner, was under suspension. il appear
: that X NJ. MACY is the sou OF Gus Macy and I
( | aged L. years, The acts and omissions cred
n tied 10 him on the turf we're in fact the cts an
n | omissions Of his father The case Is con
/ | tinued to give Gus Macy opportunity to fur
ther explain the business relations With hi
son, and IL il should BE- established that r. NJ
| Macy Is rospon siblc for what was done In hi
name. then to show when the son became tn
10 father and attending circumstances
The ORIGINAL tlderone case was left as
| stood The judges suspended the driver
a Thomas F. Stuard and the horse Elderon
for the remainder OF the season Upon tn
!, ! rccommcndat ion of the Judges In writine