The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1914-12-03
Nuckols
Is Declared
From Drifting
CANNOT RACE AGAIN UNDER
THE NATIONAL TRoTTiNG
ASSOCIATION.
pEFrEp OFFICIALS AT THE ROCK
PORT HALL RACE TRACK
NEAR CLEVELAkD.

NEW YORK, Dec. 3.--Fauce MUCK
OILS, a widely known trainer and drtv-
err Of horses, who was expelled at the
Rockport Hall mile track near Cleve'
land in October. for refusing to SUI
render bis horse. Andre, to Amos
Rathbun, when the judges had de.
cided to put up new driver. will not
be permitted to race again under Ma.
tional Trotting Association auspices.
according to the decision Of the board
OF review OF the association at its con-
tinued session here today
The decision extended to the horse
Nuckols was driving. for the board
upheld the expulsion OF both horse
and driver besides suspending the
owner, H. ]. McCabe, Of Middletown.
o. McCabe can be reinstated. how
ever, when he returns the money won
in the disputed race by Andrel.
The details of the trial Of Nuckols
will be interesting to Falrmonters as
he was expelled on the Cleveland
track by Judge Robert S. Strader, OF
Lexington, and Starter Fred Upton.
of Syracuse, New York, Both OF
these men have been In charge of
the Fairmont races several times, and
are considered among the best Off
cials in the entire country.
Yesterdays New York Telegraph
details the session of the board as fol
lows:
After an open court trial of few
minor cases yesterday. the entire aft
ernoon OF the National Trotttng AS
sociation's board of review session
was taken up by the trial of Driver
Vance Nuckols. of Cleveland, in con
nection with the incidents at the fall
meeting at Rockport. o. Many wit
nesses were examined and a lot OF
sworn affidavits presented.
The testimony showed that on Oc'
tober 90, in the 2:12 trot, Andrel. own
ed by H. ]. McCabe. Middletown, o.,
and driven by Nuckols, won the first
and second heats, but lost the third.
after which the judges ordered him
out OF the sulky and asked another
driver to drive Andrel. Nuckols is
alleged to have refused to bring his
horse out, or let anyone else drive
him, contrary to the command of the
officers and the rules OF racing.
For this refusal, Presiding Judge Il.
s. Strader expelled Nuckols from the
turf, also the horse. AS the result
of the announcement OF the penalty
1t appears that spectators rushed to
the track and stopped racing, riot
being narrowly averted. After an IN
teryal of an hour, during which sew.
eral horsemen, including Dr.. Charles
T. Tanner and Harvey Ernest, held
a consultation with the Judges.
Eventually the judges rescinded
their decision, Nuckols was announc-
ed as reinstated. drove Andrel
fourth time and won the race. At
the trial yesterday the board took
no cognizance of Nuckols' suspen.
sion and reinstatement within an
hour. but tried him under the rules
of "decorum" and misconduct" Ac-
cording to the testimony Of judge
strader. Starter Fred Upton and 9TH
ers, Nickols refusal to comply with
the order Of the judges caused not
only a riot, but forced the manage
ment to declare the race off, while
the defendant was alleged to have
used improper Language and other
wise misconducted himself
The Violated Rules.
The case was docketed as the IN.
T. A. VS.. Vance Nuckols," aud in read
ing the charges Secretary Gacher first
quoted Rule L., Sec. I. as follows:
"Any owner, trainer, driver, rider or
attendant OF a horse, or any other
person who at any time and in any
place shall use improper language to
an officer OF the course, or judge OF
a race, or starter, or an officer OF
this association In membership, OF be
guilty OF any improper conduct to-
ward such officers or judges or per.
sons serving under their orders, such
Improper language or conduct having
reference to acts and things connect.
ed with the administration Of the
course, shall be punished by q fne
not exceeding 500, or by suspension
or expulsion
Then Secretary Gacher read Rule
as. Sec. 1, which says: Amy mis-
conduct during or In respect to
race. fraudulent In its nature. or in:
furious to the character Of the turf,
although not specified In these rules,
rs forbid den, and IS punishable by .
fneS not to exceed 500, suspension OF,
expulsion.' ss sis
RothSJndE IL Strader and Starter up:I
S4s.fS6S ~ IN z ahoYe; rilesS yFefel