The New York herald., 1921-12-14

After receiving the first information
be watched the colt carefully for many
pinnths and instructed all OF MS en-
ployees to watch him, but neither he nor
they ever saw any cribbing and he dis
missed the complaint from his mind.
When informed last spring that he
plcked wind he ordered his foreman to
Use the bit.
HiIdreth Commends "Fitx."
sssam Hildreth was delighted with
ffz's testimony and when he left the
stand Mr. Sinclairs trainer went to him,
Erasped his hand and announced loud
riso Ugh for all near to hear: Shake,
Ifitz. you are just as honest and truth
frl as you always were."
rOn his way out of the court room Hill
dreth said and repeated, "Old Fftz told
tf truth"
s,s on Monday the chamber was
crowded with owners, trainers, Jockeys
pad stable boys. Justice Cannon was
3itst as generous with the crowd as he
was the first day, but once during the
afternoon session there was some noise
IA. the back of the room and he threat
ened to clear the chamber and lock the
esoprs This threat had the desired effect
sud from then until Adjournment one
could hear a pin drop.
lhe crowd was Treated to several
laughs during the day. one Of which was
caused by the Justice himself. While on
tlto stand Mr.. Johnson testified that Hh-
dreth referred to Mr.. Sinclair as bis
sucker This caused the crowd to laugh
and Judge Cannon to chuckle and re-
mark:
@.1'here seems to be a lot of suckers in
this case"
Jockey Club Vet Testifies.
When the morning session began DR..
Harry Crawford, the veterinary en-
ployed by the Jockey Club, took the
stand. Under cross-examination by
Henery F. Cochrane he admitted that
when all wood is removed from a crib
bers stall horse shows no symptoms
of the habit He also admitted II a
cribber cribs on hard substance 1t can
be detected in his teeth, but that 1t is
impossible to detect wind sucker un-
less he is caught sucking wind or i'm
mediately after he practises his habit
when his stomach is filled with wind
Or. Crawford said that he had been
an assistant to DR.. McCully. and was a
graduate of the University OF Pennsyl-
vania and had passed the Regents ex-
animation in this State. He was en-
phatic in declaring that there was
big difference between wind sucking ana
cribbing. He also admitted that wind
sucking and cribblng stations have
produced some of the greatest race
horses in America. Wind sucking con-
stitutes unsoundness. he said, and that
the habit comes from idleness, imita-
tion and sometimes Is hereditary but
could start over night
Arthur walkten. who said he was a
groom at Mr. Johnsons stable in 1919,
said he saw Playfellow take hold of his
feed box with his teeth and grunt. He
did not report this to either Mr.. john
son, Ftz or any of the three foremen
at the stable He was the last witness
for Mr.. Sinclair. and when he left the
stand Mr.. Cochrane moved to have the
suit dismissed on the grounds that Mr..
Sinclair had failed to prove case
,Justicc Cannon considered the motion
for minute or two and then said tnat
there was a question of fact about the
warranty and decided to allow the jury
TO decide the question.
Johnson's Story of the Sale.
Mr.. Johnson was the first witness for
the defence. He said he was b1 years
old and lived in Brooklyn. that he had
owned horses for about ten years. but
lad never trained any. He said he had
bought many without seeing them. de-
pending entirely upon their blood lines
Tie said he bought Playfellow with
several other yearlin@s from A. q.
Hancock of Parish, Ky.
After stating that he never saw Play
ftllow cribbing or eveHn, heard that he
was q cribber he told OF his converse
tiors with qIildreth about the sale of
Elayfellow.
Ion June 10 IIildreth called me on the
telephone and said What will you take
FOR Playfellow? One hundred and
twenty-five thousand dollars l replied.
That's q lot of money he said. He's
a good horse said /, and he said. III
think ii over
ION June 16 met Hildreth outside OF
the clubhouse at Belmont Park and he
asked me what I would take for Knob
bic. told him I thought he wanted
Playfellow. and he said 1 paid S15000O
for 1nchcape and l can't pay your price
for him
IL made $4,000 the price for Knobbie
and he bought him at that figure.
Before the first race on June II.
which was Brooklyn Handicap Day. /
pet Hildreth again and thanked him
for his check for Knobbie. Put a price
on PlayfeIlow so that I can buy him.
he said. / told him would split the
difference and sell him for sf12500
Hldreth replied. Make It $4,000 and
will make that sucker OF mine buy him
II have to give up $4,000 myself" 1t
was then that the crowd laughed and
Jusseicc Cannon remarked. There seems
to be lot OF suckers in the case"
Won Brooklyn, Bought PiayfeIiow
Mr. Johnson continued and said:
After l had talked with Fitz I again
saw tlildreth and asked him how long
II wgr - take him to decide to buy the
co'.if j put rne price at 100000. Hill
',ern replied that he would work on
the big fellow right away. I also told
him" said Mr.. Johnson. that Fitz
said the colt had the soundest legs he
had ever seen.
"Later that sams day after Grey Lag
had won the Brooklyn Handicap Hill
dreth came to me in the paddock AMI
said: Congratulate me. / have bought
your horse. The big fellow feels so
good after winning that Sace and he
told me to buy him.
He then asked me not to announce
~" sale and when Fitz. who was with
me ut the time, told him he had a
good horse he said. ITS a good thing
ne wasn't in there" meaning the Brook
lyn Handicap. 81 don't know about
that" said Fitz. Don't kid yourself.
YOU don't know the kind of horse you
are getting" At this remark some one
in the court qbOtitad nlfvhfp