Los Angeles herald., 1906-01-31
DUTIFUL FALLS
UNDER THE BAN
WINNER RULED OFF TURF FOR
INCONSISTENCY
Remarkable Form Reversal Calls Down
Drastic Action by Ascot Judges.
Flip-Flaps Are Dlsap-
proved
BY Jay Davidson

Dutiful, the gray darling that has
brought home the coin in large ant
juicy punches ever since he began his
career upon the American turf. wor
the fifth race yesterday at 10 to and
will not race any more until Judge
Hamilton is satisfied regarding the per-
formance.
Dutiful figured to run about tenth
in the field of ten that faced the bar
rier and the odds of 10 to 1 placed
against his chances should have 1000
to 1 on form. However, form cuts
an insignificant figure with the fortu-
nate ones and Dutiful's win was her
aided with delight by about four out
Of an audience of 5000,
On the day previous Dutiful was In
four-horse race and was consistent
ly and consplcuously last from the
time the flag arose until the wire was
reached. In this race, Dutiful carried
90 pounds and could not get up an or
dinary gallop, being beaten seventeen
lengths in one mile and fifty yards In
1:45A.
Instead of running to this form, Du-
tiful evidently secured a prize package
of hop and turned one of those grand
prix somersaults for which Ascot has
not become famous winning the one
and one-sixteenth miles journey in
i. AZ, OF Sll2nLly UlOTG llIIlG llldll NdS
necessary to negotiate the mile and
fifty yards the day previous, when he
was beaten seventeen lengths. And
Dutiful carried eight pounds more
weight yesterday. Therefore, the value
of dope is aptly illustrated.
However, Judge Hamilton could not
be satisfied ON this point ard he called
the owners to the little domicile from
which issues the official dictums of
Ascot and asked the whyfores thereof.
Denny related that he did not know
why Dutifu should run any better race
yesterday than at any other time and
as Denny Bros. have been running
Their horses on the square and winning
whenever they had chance and their
regulations on the turf were immacu-
late in all regards, Judge Hamilton was
at a loss to account for the startling
running ability of the gray devil.
To all appearances Dutiful not only
carried an ordinary apothecary shop in
his 'innards," but he had a well de-
fined jag on and ran like frightened
Comanche on the plains.
Judge Hamilton was sadly dissatis-
fed with the startling form reversal
and asked for explanations from Denny
Bros. These explanations left every
thing in doubt. as the Dennys had bet
only $50 on their entry and could
vouchsafe no excuse for the extraor-
binary running ability of Dutiful.
After investigating Judge Hamilton
issued an order that Dutiful. which
was bought out of this race by Theo.
Eshner for $500, be returned to Denny
Bros, the sale set aside and the fur
ther entries of Dutiful he refused until
n full and satisfactory investigation
could be had.
Ruling Is Proper
This ruling was the only decision the
judges could make under the circum-
stances. Denny Bros. only recently ac-
quired Dutifu and his win yesterday
was the first victory for the gray horse
since the change in ownership.
Eshner bid him up and purchased
him out of selling race and If the
horse should be Immediately outlaWed
for inconsistency, Eshner would have
paid $500 for nothing.
In justice to all concerned and in re-
sponse to the duty to the public, Judge
Hamilton could make but one ruling
and that was the one which was an
nounced last night.
Dutiful had no right to win this race
on form and the public'S money was
burned UP when he passed under the
wire Eshner had no right to buy
nothing for $500. Denny Bros. have
been acquitted of any wrong doing and
are assisting the judges in their in
vestigation.
Therefore. to invalidate the sale and
refuse future entries of the horse until
proper blame can be attached was the
only thing to do and this was the basis
of the ruling.
In speaking of the decision last night,
Judge Hamilton said that he acted ac-
cording to the dictates of his judgment
in behalf of the public and for the good
of the sport That, while he acquitted
Denny Bros. of any blame in the form
reversal it was his desire to promote
the game and protect the race-going
public.
With such startling form reversals
as that shown by Dutiful, he felt it to
be his duty to take action and his de-
cision was in accordance Herewith.
Judge Hamilton is not yet satisfied
and is conducting an investigation and
will attempt to place the blame where
IT belongs. Should facts that have
been urged be proven there are prob
able actions of the Ascot judiciary
which will relieve the game of some
of the influences which operate to its
disadvantage.
Big Ben Romps
The feature race was the fourth on
the card, in which Big Ben was let in
on an owners handicap at 100 pounds
and figured to win the six furlongs
dash by at least two miles.
Big Ben was and is the class of this
field and, as stated in The Herald yes
terday morning could win this race if
given 140 pounds and should be left
at the post
Big Ben was in reality left at the
post, but was so much better than any
thing opposed to him that he merely
cantered to the wire.
Lacene had an idea that she could
win from Big Ben again. but Miller
was out of this race (having the
mount on Workman) and Big Ben
was not once jammed into the fence
as on the previous occasion, when La
Gene beat him.
When the barrier sprung Big Ben
was last to leave the post and he
trailed his field in heart-breaking fash
ion to the stretch. Here he began to
really and truly run. And 1t was all
off
Every time Ben sat his foot In the
ground he made up twenty lengths and
he never was more than forty lengths
behind Hence, he won going away by
two lengths.