davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1921-12-17
Run1or PlayfellOw Case
Ends in a Disagreement
Jury Considers Evidence Until II O'clock When 1t
Hands in Sealed Verdict to Be Opened by
Justice Cannon Monday Morning
BY HENRY ". KING.

The result of tho Playfellow case will
not be known until Monday morning
After the Jurors were out several hours
Justice Cannon summoned them, and
as they had not agreed he sent them
back for further consideration Of the
evidence, with instructions to return q
sealed verdict. They were dismissed
at IL o'clock, and it was rumored they
disagreed. The Justice win not be In
court to-day or tomorrow.
The case went 10 the Jury at o'clock
yesterday afternoon, and from that time
until the Justice retired rumors flew
thick and fast in tho Supreme Court
Building in Brooklyn. WHARF, the triel
has been held all week. One rumor
was that the jury stood 10 to for the
defendant. another that Il was 10 to 2
for the plaintiff, and another and more
persistent one was that 1t stood TO S
for the defendant
The suit Is for 100000, the amount
Harry f. Sinclair. wealthy oil operator,
paid James F. johnson Of Brooklyn for
the three-year-old thoroughbred colt
Playfellow and full brother to the re-
nowned Man o. War. Mr.. Sinclair
bought the colt on June IS, and five
days later demanded his money back on
the grounds that the colt was a wind
sucker.
Evidence was submitted on Monday,
Tuesday and Wednesday, and yesterday
the attorneys summed up and Justice
Cannon delivered his charge to the jury.
COchrnne Sums UD.
Henry r. Cochrane, attorney for MT.
Johnson. was the first to address the
jury. He moved to dismiss the case on
several grounds. He said Mr.. Sinclair
was not the real party in the case: that
the complaint was signed and verified
by s. C. Hildreth; that testimony
showed Hildreth contributed $4,000 for
the purchase of the colt; that the two
checks which paid for the colt were
made out to and signed by Hildreth.
and that Mr. Sinclair was not the sole
owner.
gIo declared that there was no ex-
pressed warranty; that there was no
proof that Mr.. Sinclair relied upon q
warranty; that there was no such thing
in law as a vicarious warranty; that
the acceptance Of the horse and horses
entries were cause waver Of warranty
that Mr.. Sinclair's act of entering horse
without consent of owner was a waver
Of warranty.
He declared that Mr.. sinclair's al.
legation of fraud was not sustained.
Mr.. Cochrane further said that Mr.
Sinclair charged Mr.. Johnson with false
representation and with wilfully de-
ceiving him. To substantiate such se-
rious charges he should be present in
person instead OF being represented by
Hildreth.
1--WE are told he Is in Oklahoma" he
said. "All the oil and gold In the coun-
try should not have prevented him from
being here in this court of Justice"
Mr.. Cochrane said there are three
questions in this case:
First--Was warranty made?
Second-Was the colt a cribber or
wind sucker?
Third--If he were. did these destroy
his usefulness?
He denied the truth of any Of these
claims and laid stress on the fact that
Hildreth started the negotiations for
the colt and continued them until he
succeeded: that Hildreth twice exam
The New York herald., 1921-12-17

ined him during Mr.. Johnson's absence
and that Hildreth knew the kind OF
horse ewas getting.
Says Colt Was Not n Cribbe.r
Playfellow was not cribber, he said.
and agreed with DR.. Ackerman that he
might have cribbed as a baby "cribs"
on rubber ring.
He said that the opposition said
Winslow. one of Johnson's employees.
had told some one the colt cribbed and
I'VE brought Winslow here and he swore
that he never saw the colt crib more
than once. Eagan, ono OF Sincla1rs 8
witnesses, swore to practically the same
thing.
1.-The wind suckers bit was put on
the colt on May 20 as q precautionary
nteasure,r he said, %and 1t showed
nothing except that Fitzsimmons was
careful, competent and truthful trainer.
He said Playfellow won two races
each in commanding style In fast time
while using the bit and pointed out
that something could have happened to
the colt between June 18, when the colt
was sold. and June %, when Hildreth
wanted to return him.
Mr.. Cochrane declared there were
two papers in the case and that neither
u
dreth could have had his own veter-
mary examine the colt or he could have
taken the colt for a week II he so de-
sired IL.
The summation OF DIR. Brennan. SIM
clair.s attorney. was much shorter. He
said Mr. Sinclair was not in Oklahoma
because of oil and gold. but because he
had to be there.
"Did you observe" he said, 'rhat -four
times Mr. Cochrane asked to Withdraw q
Juror and have a mistrfal declared! III
he had q new trial he would certainly ad-
NIT the existence Of the wind suckers Bit
YOU have seen. He would not have
shown that bit in thousand years II we
had not compelled him to-"
"rhey didn't show the bit to DIR. Nc
Gully when he examined him for the
s114. 600 insurance. and they didn't show
81 to Hildreth until after they had been
paid for the colt
Calls Colt Wind Sucker.
1--WE say Playfellow is a wind sucker
ana that Johnson put something over
on U.s."
He said Hildreth would not have
bought the horse II he had known Of the
bit. and that no would have been a
dummy to spend 100000 for such a
horse.
.Mr. Sinclair paid 100000 for a use
less animal" he declared. "and asked
the jury If they were going to let him
get away with It."
DR.. Brennan paid high tribute to
Fitzsimmons. He said F1tz was honest
and truthful, and that 1t was because
Of his truthfulness he did not cross
examine him.
Justice Gannon's charge was brief. He
told the Jurors that Mr. Cochrane was
within his rights when he asked to have
Juror removed. and not to take that
into consideration at all.
"If johnson only said to Hildreth,
This is the most perfect horse l have
ever eeen.'" declared Justice Cannon,
that would not constitute sufficient war
rant to cause the return Of Sinclair's
money. but IL you believe Johnson SAID
the horse has no bad habits. as Hildreth
SAYS he did and Johnson denied he did,
then you could find fer the plaintiff."
The New York herald., 1921-12-17
Tennis on Hotel Roof.

For the first time I'm the history OF
tennis. an indoor tennis match has been
arranged between Frank 7. Anderson,
the national indoor champion. and 5.
Howard Voshell former national title
holder. to take place I'm the roof garden
atop the Ritz-Carlton Hotel, at o'clock
this afternoon. This IS The first OF n
series which will be held every Saturday
throughout tho winter. The roof garden
has been altered to accommodate court
and seating capacity for zoo spectators
has been arranged.
The New York herald., 1921-12-17
Another Angle on the Bait Question

"Oh. dearl Why Is II that good men aro
selected for easy marks by sinners? Think
OF good Deacon White and genial George
Rathman being selected by bait sharpers
as boat captains on whom 20 dump at hlch
prices n lot OF new cod bait. and just as
Capt. Frank thought he had settled tho cod
bait question.
"Goshl After batting with salted leather
scraps. with razor clans, soft clans and
fish bait. and often with no bait AZ all
after being ordered by the boat captain TO
use only one hook on account Of sea rcity OF
balt. think or being let loose with Capt.
because they love the sport more than they
love measuring bait pens. Think of being
Jet loose In forest Of firlins fun of the
best cod bait on earth, urged TO put II on
with ehovcl, ~ you want 10. and thnn
The New York herald., 1921-12-17
Amateur Rule Committee
Completes Tennis Report

Proposed amendments TO the amateur
rule In tennis were drawn up by the
committee appointed last spring to con-
slider the question at a meeting ut the
Vanderbilt Hotel last night. The COM
mittee. however. following its usual
practice. will not make its findings
known until passed on by the executive
committee of the United States Lawn
Tennis Association. which goes into
session this morning TO hear the re-
ports OF all the standing committees
OF the year and TO approve or disap-
prove the recommendations offered
These recommendations, after being
made public. are voted on by the dele
gates at the annual tennis convention
here In February
At the rule committee meeting last
night those In attendance were Julian
s. Myrick. Robert ID. Wrcnn, Henry w.
Slocum. Edwin Sheafe. Joseph n. Jen-
nings. Charles Garland, Edwin r. Tor
rey and Paul Sheldon.
The New York herald., 1921-12-17
Corrective Exercise Plan.

SOUTH BEND. Ind, Dec. ia new
form OF physical training to be made
the basis of scientific study has been
inaugurated at Notre Dame University,
II was announced to-day. All freshmen
yesterday were instructed to report to
the physical director for measurement.
following which corrective exercises were
prescribed. Another measurement will
be taken at the completion OF the school
year TO determine the actual results re-
ceived from the training. The expert
ments are in charge OF the Rev Bernard
Lange.
The New York herald., 1921-12-17

Special Cable TO THE New YozK HERALD.
Copyright, 1921, by THE New York HERALD.
New York Herald Bureau.
Paris. Dec. IL.
n RTHUR KAUFMAN, ex-ama-
n teur boxer of New York, who
recently tried to break into
the professional ranks with little sue
cess. was arrested at Place de rOpera
this afternoon on pickpocket
charge. In company with Joseph
Levy, an English tailor. Kaufman
had been suspected for several weeks
of operating in Paris department
stores and subways. This suspicion
resulted in the arrest of Kaufman,
when the police found two handbags
and several purses that had been
stolen from automobile bus passen-
gers.
Kaufman engaged In boxing bout
here last month and quit in the fifth
round for no apparent reason. there
by closing himself out for future en-
gagements in the French ring.
The New York herald., 1921-12-17
Leading Squash Tennis
Players in Exhibitions

Two exhibition matches In which four
OF the leading amateurs of the sport
will participate win help to inaugurate
the squash tennis season at the New
York Athletic Club this afternoon.
In the first of the exhibitions Auguste
J. Cordier Of the Yale Club. last years
national champion. will play Charles
NJ. Bull. Jr.. OF tho Crescent Athletic
Club. and I'm the other the opponents
will be Anderson Dana of the Harvard
Club and Thomas Coward OF the Yale
Club
The New York herald., 1921-12-17
Centre Leaves for Coast.

DANvrLI-E, Ky. Dec. 16.--Wih an
string OF victories behind them
and another football game at the end
OF the long Journey ahead Of them the
Centre College football team tonight
left for San Diego. Cal, where on De-
cember &c 1t will play the University OF
Arizcna team. claimants OF the cham
piorship OF the Southwest.
The New York herald., 1921-12-17
To Continue Relations.

SYRACUSE. Dec. 16.--Athletic relations
between Syracuse and McGill universities,
opened this fall with an International foot
ball game at Montreal, Will be continued this
winter when the McGll wrestling team meets
meeting.
The New York herald., 1921-12-17
Football Dinner Tonight.

At the Hotel Lafayette tonight the Coor er
Union football squad win hold testlnc ulal
dinner IN honor OF coach Frank Ileoker. who
n n Lehigh product. and IL embedding tho
rudlments of the gridiron into the first foot
ball squad OF Cooper Union gratuitously.
The New York herald., 1921-12-17

Fathers of sons, grown
and growing!
You not only save some
money, but a lot of time,
and spare yourself all the
annoyance of shopping
around, just by filling in
one of our Gift Order forms
for a Rogers Peet suit!
Revised prices now on
our mems and young mems
suits.
Revised prices now on
our boys Norfolks.
Revised prices now on
our boys long trouser
suits.
Revised prices now on
our small boys Russian
overcoatS.
The New York herald., 1921-12-17
Mike Gibbons Winner on
Points Over Mike O'Dowd

ST.. PAUL. Mimi, Dec. 16.--Mike Glib
bons OF St. Paul outpointed his fellow
townsman. Mike ODowd. former middle
weight champion, In a ten round bout
here tonight. newspaper men at the
ringside agreed.
The New York herald., 1921-12-17
Allan Mercer Honored.

wArERvn.Lz. Ne. Dec. 16.--Allan
Mercer OF white Plains, N. Y, was
elected captain Of tho Colby cross-country
team to-day.
The New York herald., 1921-12-17
Boxing Bouts Tonight

Rink s. C.-Benny Costcr VS.. Willie
Spencer, 1S rounds.
Commonwealth =. C.-Marty Cross vs..
Jimmy Kelly, 12 rounds.
Ridgewood Grove y. C.--Johnny Dwyer VS..
Sid Bernard, IL rounds.
The New York herald., 1921-12-17

TO have bait sharper, because they are
t"o guieless men. try to stick them with
new cod bait.
The cod Is ono of the latest fishes Gre
ated In geological time. hence is our wisest
ana earnest fish and knows rood bait. 80
he does go for scallops, same as you and I
prefer them above other CLAIMS
. lean. hungry, pop eyed sinner read IN
The Bulletin' that cod are omnyorous feed
fridge; a hare. a turnip. a gull and other
stuff had been found In their stonachs. So
Saturday this sinner went down early 70
wreck Lead TO sell the good Deacon a load
OF books on birth control for cod bait
IF the Bible Glass catches him they VIII
gently plant him In the water while tho
Deacon intones sadly. HY. JULIUS"
Long Island Casters nt Belmont Park last
Sunday.
a large attendance marked the meeting os
the Long Island Casting Club at their Rel
mont Park grounds last Sunday. The early
arrivals enjoyed good dinner at the res
taurant before proceeding 20 the field
Considering the season. some excellent cnp4s
were made. 400 feet being exceeded a nun,her
OF times and without n trace. trace Is not
necessary on these grounds, and the club is-
sues n general invitation 20 all who wish 70
acquire the real art OF casting
New recruits were enrolled and more were
promised
Beginners viii receive Instruction from, ,bo
experts. who enjoy teaching new members
just as much as they enjoy casting.
me rield IL easily reached BY the Long
Island railroad or Lexington avenue, Brook
lyn. elevated railroad The latter is pre.
ferred by Manhattanites who cbanre a.,
Canal street for the Broadway. Brooklyn,
Inc, or ~ the BROOKLYN Bridge to the Lex
inston avenue, BROOKLYN trains
The sandy soil and perfect drainage n, Rei
mont Park make good casting possible within
half an hour after the rainfall ceases n a.
never necessary 20 dig out n lead hero arJ
the ground Is almost ns level az n bfIiara
taole. EDWARD CRAMER
The New York herald., 1921-12-17

Although you land at any port
Or mia 1oith any thron0,
Hoac is IL some days are so short
While Others are so lonDe
The New York herald., 1921-12-17
THE LISTENING POST
By WALTER TRUMBUL

6V WALTER lRO NIB OLL G
Copyright. 1921. bv The Nel0 York Herald.
BASEBALL MEETING.
The baseball stars oil gather round,
And soon there is q buszin0 sound
OF conversation, most profound;
For plays their theme.
They soiH argue DER pldy-
One that Is running on BroGdtUdy-
And presently you'H hear them say:
"Shes certainly a dreanl."
Do mu0notes talk Of clubsS They do
And hearts and spades and diamonds, too,
And trory, red and tohite and blue;
And speech totH ebb and tIo1o
Until it hits on horsehidc stout
Encdsing ponies tchich some scout
Perhaps has been quite arrong about,
And cost lot of dough.
The New York herald., 1921-12-17


bunch with pitchers twing
a with
The New York herald., 1921-12-17
Revised prices on boys
shirts and blouses, too!

For a silky Christmas
Silk pajamas of fine
broad-cloth-silks packed in
individual boxes.
Silk dressing gowns of
heavy brocaded effects;
lined and unlined.
Silk housecoats that are
both a pleasure to the eye
and a comfort to the
wearer.
Silk muf1ers. Some as
quiet as others are gay.
Silk socks with bright
silk clocks.
Silk four-in-hands. A
mans idea of what a man
wants to wear-no circus
patterns.
Silk umbrellas, including
the famous Martin umbrel-
las direct from England.
How about handker-
chiefs?
With initial? =
Or without?
Plain linen?
Corded linen?
AS fine as you like!
Also fancy handker.
chiefs of high quality cot
ton.
Silk handkerchiefs, too!
Does he lean to canes?
Add another to his coll
lection.
Snakewood. Ebony, Ma
lacca. Rosewood.
Plain or mounted.
Also full bark Malaccas
the Finest of the fine"
ROGERS PEET COMPANY
Broadway Broadway
at r3th St. -Four at gath St,
Convenient
Broadway Corners" Fifth Ave.
at Warren at 4Ist St.
The New York herald., 1921-12-17

They West Point
The New York herald., 1921-12-17

matter baseball
largely
like
small All buried
usually
The New York herald., 1921-12-17
a Slam Bang Affair.

What proved to be the best fight OF
the night brought Bobby Michaels, the
lanky East slider, into the ring with
RED Cap" Wilson, the upstate light
weight. They went at each other slam
bang I'm the first round and never slack
ened the pace until the bell ended the
eighth and last round. Neither Michaels
nor Wilson wasted any timo with fancy
sparring, but cut loose IN every round
with heavy jolts to the body and jaw.
In the early rounds OF the combat
Michaels had a decided advantage. His
long reach enabled him TO land on Will
sons face with frequency. and his left
uppercut proved TO be destructive
weapon.
In the fifth round he brought Wilson
10 his knees with an uppercut TO the
chin. but the Red Capped boy scorned
to take the count and springing to hts
feet resumed the battle in a lively man
ner.
Wilson was the aggressor IN the clos
ing three rounds and landed some very
heavy blows. but he was unable TO
overcome the advantage gained by
Michaels In the preceding rounds. and
the judges had no difficulty In selecting
Michaels as the winner.
Pepper Martin and Harvey Bright.
the Brooklyn high school boy. put up
slashins bout OF eight rounds. the YER
dict going TO Martin. Bright made a
particularly good fight and showed much
more cleverness In boxing than his op-
ponent. Martin. however. was the
stronger and most aggressive and his
cyclonic rushes carried the Brooklynite
of his feet and won the battle. Mar
tins heavy shot was singing left
and one OF these brought Bright to tho
The New York herald., 1921-12-17
ROD AND GUN NEWS

HIGH WATER FOR LOCAL ANGLERS DECEMBER
1s sETwo' w AN ffls AM rq? Jst
lss5 g ds rs Il Il q & T. T. SS SO
Bs;asF s#F iaa7 & iasa I1s s isS;
The New York herald., 1921-12-17
A BIG LEAGUE SONG.

~ there's rough house bre11ing
1t dltcdvs is our aim
To pass the buck to Ldndts
And let him run the game.
The New York herald., 1921-12-17

There 1rds an old arorndn acho liUed In o shoe
And she ,ods exceedingly clipper
TIL they hoisted the from one hundred to taco
No,o the old acon,dn liDes in a slipper.
The New York herald., 1921-12-17


the a hat he eusedto
The New York herald., 1921-12-17
KENNELS.

POLICE DOGS,
puppies and grown stock. pedlgreed, cham
pio1 strain. wantsgh Kennels. Reg. A. K
c.. Wantagh. l.. l. Tel Wantach t5S.
The New York herald., 1921-12-17
MILLER HUGGINS.

While Others Sc
MILLER HUGGINS.
He
and few
bunch Of with pitchers trng
a it.
They that West Point
BIG LEAGUE SONG
II there's a
Pat doesn't need hand
day.
popular with his ball players
SELF Strange We always thought
the big but when
is considerable for cogitaton
you like and
a
the world the one girl
going into she'll be
Marshal Foch
with
Donate some Of em to when he starts to unpack
will be
greeting o
There old Uho 1iUed shoe,
she
TIL they hoisted the from t
Noto the old a
lh
The New York herald., 1921-12-17
Chicagoan Claims Foul.

Friedman claimed that he was hit
low in the twelfth round and the sailor
clinched. The blow was not below the
belt and it certainly hurt Friedman.
The thirteenth round was without spe-
clal feature. Tender having the best
Of the exchanges.
Friedman rallied In the fourteenth
and made a fairly good showing against
his opponent. Tender had all the bet
ter of the fifteenth and last round.
Tony Lyons and Young Pierce. two
local welters. were the principals in the
opening bout. They were unscientif1c
but hard hitters and both were punished
severely. Lyons had the better Of the
eight rounds, but between Judges Patsy
Haley and II. G.. Becker and Referee
Artie MoGovern the verdict was n
draw,
The New York herald., 1921-12-17

When doping entirely
Cincinnati Pat Moran quietly
Pat doesn't need hand
The New York herald., 1921-12-17
IF CHANGES-- HORSE TRIAL. BOXING = COMMENT
Local Boxer Arrested
in Paris as Pickpocket

Special Gable to THE New YozK HERALD.
Copyright, 1921, by THE New York HERALD.
The New York herald., 1921-12-17

ined him during Mr.. Johnson's absence
and that Hildreth knew the kind of a
horse h ewas getting,
The Mellette County pioneer. [volume] (Wood, Mellette County, S.D.) 19??-1971, 1921-09-30
PRIZE DUR0C GILT BOUGHT BY
EXPERIMENT STATION.

Pathfinder Lady First, the Duroc
gilt which won second in the open
class and first prize in the futurity
class at the recent South Dakota
state fair, has been purchased from
Henry Pastian Of Herrick by the
South Dakota experiment station.
Pathfinder Lady's litter mate was a
second prize junior boar at the state
fair. The animal purchased by the
experiment station belongs to an ex-
c%eptionally strong litter and is well
fitted to go into a breeding expert
nent which is being conducted at the
Vivian substation. Before being
shipped to Vivian, it was agreed,
Pathfinder Lady was to be shown at
the Interstate fair at Sioux City.
The Mellette County pioneer. [volume] (Wood, Mellette County, S.D.) 19??-1971, 1921-09-30
WOOL GROWERS FORCED INTO
MANUFACTURING.

Wool growers of South Dakota,
Illinois and other sheep grow
ing states are having their 1921 wool
clip made into blankets, robes, wool
bats, socks, etc.
ut is not by choice that they do
this" says G. j. Fawcett, director of
the wool marketing department of the
American Farm Bureau federation.
1--WE are forced to it because of the
fact that many American Wooden
manufacturers have refused to buy
pooled woods, although they have been
offered repeatedly at the same price
as imported woods Of equal character,
grade and shrinkage. BY having some
of the lower grades Of our pooled wool
manufactured into various finished
articles, a portion of the wool is put
to good use and the grower is given a
manufactured article of extra quality
at a cost price lin wooD far below
wholesale values"
Samples of the manufactured arti'
cleS were distributed among farmers
at the recent state fair by the South
Dakota Sheep and Wool Growers AS
ISOLATION.
The Mellette County pioneer. [volume] (Wood, Mellette County, S.D.) 19??-1971, 1921-09-30
LOCAL ITEMS
AS taken from anothers lip.
And jotted down upon a slip;
And - someone has lied to us,
Please shun this ONCE when you Gus, \

Tomorrow is the first Of October.
If you know OF A news item tell us
about it.
Better inspect your fues thoroughly
before you set up your stoves.
Tom Shooter was found guilty of
grand larceny at this term of court,
Here it is the first Of October and
we haven't even had a light frost yet.
Can you beat it3
Jess Burns and Lis carpenter crew
are r%emodeling a house east of Wood
on Oak Creek this week.
Miss Mae Fitzkee was a week end
guest at the p. v. Tuell home. She
is teaching the PalIeck school this
term.
That was some wind that blew up
from the north west Wednesday even
ing. 1t certainly did blow some for a
while.
First class stenographers wanted"
Can you fill the place? Get ready at
Nettleton Commercial College, Sioux
Fllls. 35t2
There are still quite a number of
tourists touring through here notwith
standing that it is getting rather late
il the season.
Paul Meyer and wife moved into
their own residence on the corner OF
First and Burke Street, that be has
just finished remodeIiug, Tuesday of
this week.
The regular meeting of the y. E. s
Will be held at Legion Hall in Wood
on Wednesday evening October 9Th.
All members are requested to be in at
tendance.
Winner Post American Legion is
giving d dance Saturday, October st,
1927 at4he Winner Rink. Music by
Terrace Garden Orchestra. An invi-
tation il extended to the entire Rose
bud. 4 .''s'' 35tI
VIM. Gillette finished the new &C.
ment walk ID front of the Abourezk
store, Tuesday. This is an improve
ment that will be much appreciated
by Mr&Aboure1ks patrons, and espec-
tally i~nrmuddy weather.