The sun., 1905-11-12
REPLEVIN FOR PAINTED HORSE
CATARACT'S STAFF SUES METRO
POLITAN JOCKEY CLUB.

PinkertonS Hang on TO the Horse, Hoping
TO Discover the Real OwnerS-benn
Chilson Got q Writ OF Repleyin, but
Didn't Get the Ringer With the WRIT
Right Of possession Of the ringer Cat
aract, a painted reincarnation OF the horse
Freedman, that the stewards at the Jamaica
track refused to allow to start In the last
race OF October 30, was at issue In the First
District Municipal Court on Friday.
The alleged owner OF the ringer, Benn
L. Chilson Of California, and a colored man,
James " Wilson, who claims a racing
interest in the horse, brought action against
the Metropolitan Jockey Club, the Pinker-
ton Detective Agency and Robert Pinkerton.
Freedman, alias Cataract" was put in
charge Of the Pinkerton officers while the
stewards we're washing of the paint and in
vestigating the ownership At the time OF
the race, before it was known that the horse
was Freedman, NJ. L. Mitchell, better known
a. Sheeny Mike, was said to be the owner.
Justice Hoffman reserved decision.
Gibson, who now claims ownership,
according to his attorneys, Dolphin and
Perdue, did not deny that the horse had
been entered under new name. Chilson
also admitted on the witness stand that
he was concerned in the Fiddler scandal
at Morris Park two years ago, when horse
called The Fiddler was used as a ringer
and the bookies were hit for many thousand
dollars. Nothing was proved at that time
when Chilson's frankness would have been
greatly appreciated by many people.
Joseph Perdue, the lawyer who represented
Chilson in court, said yesterday that the
20 al
50 far as the law goes it is no offence TO
change horses name every day and paint
it like professional beauty.
The defendants say that Freedman was
reported TO have been stolen from the track
at Oakland, Cal, after race last February,
and that a reward Of $1,000 was offered
at that time by R. ". Dunn, Freckma ans
supposed owner, and that the plaintiffs
must prove ownership. The Jockey Club
wants to discover the real owner and deal
with him.
The discovery of the identity Of Cataract
undoubtedly saved the bookmakers and
poolroom men all over the country from
heavy loses. The field with which the
was a poor one and he would have won
easily. and the odds would probably have
been as igh as 100 to against him;
The painted pony was not proouced as
I evidence. JOSt WleTt he 10 llo olic cihe
to know. After the race when the Pinker-
tons had taken charge Of the horse Chill
son and Wilkins obtained a writ Of replevin
through their counsel. Mr., Dolphin of the
firm and a city marshal went down to ia.
maica to serve the writ. Dolphin said
yesterday that he found several Pinkerton
men Guarding the barn where the horse
had been put.
Il went to the police station said Dol
phin and got three policemen. When
we returned the lights had been turned
of and a large force of detectives was on
guard The police said that they would
help search for the horse and 1t looked
as if there would be a battle between them
and the Pinkertons The latter called
truce long enough to call up Robert Pinker-
ton. After an interval they said that Mr..
Pinkerton had given orders not to give up
the horse. We were about to force an
entrance when | learned that the horse
had been shifted to another stable while
was gone for the police. We couldn't
very well break into every stable on the
place so ! served the writ Of replerin on
Mr. Maher, the superintendent OF the track.
The Pinkertons finally made affidavits
that the horse was owned by q man named
Mitchell and they gave bond for the safe
keeping of the horse until ownership was
decided.
Freckmanis still in the hands of the Jockey
Club and will remain there until the Judge
gives his decision or the stewards learn
who it really was that planned the killing
with the painted horse.