The New York herald., 1921-12-14

threatened to clear the chamber.
Mr. Johnson then put in evidence a
check for 5000 made out to Mr..
Hildreth by Maxey BlumenthaL It was
one of the checks with which Eildreth
bought Playfellow.
After describing the races Playfellow
won for him on June l and June 4. Mr..
Cochrane asked him if he had told
Hildreth the colt was perfect. had NJ
faults bad habits or vices. To these
questions he replied, "Emphatically no."
He added that he had never heard Play
fellow was a cribber or wind sucker
until this suit was brought.
Garrison Wanted $4,000.
Mr.. Cochrane switched the examina-
ton from the colt TO Snapper Garrison
and asked Mr.. Johnson If he had had
any conversation with him about the
sale of the colt as a yearlfng in 1912
He replied that he had seen the Snap
per twice at Gravesend track, and on
the first occasion, when 1 told him 1
would sell him the colt for $4,000, he
said: whats In it for me? You have
to pay an auotioneer 10 per cent.
Where do l come in? 1 want $4,000 out
of it,
Johnson said he refused this propo-
siton and that a week later Garrison
returned to the track. This time he
had Mr.. Montford Jones with him. The
colt was shown, but there was no dis
cussion about the sale of him.
On cross-examination Mr.. Johnson
said he would not give 100000 for n
horse. He said Hildreth bought Knobbie
without getting any warranty or asking
any questions about that colts habits.
After declaring that Max Hirsch had
never examined Playfellow Mr.. Johnson
found himself in an awkward position.
Ir answer TO questions by DR.. Phillip A.
Brennan, counsel for Mr.. Sinclair, he
said Playfellow had not been examined
by any trainers on the eve of the sale.
After this statement DIR. Brennan pro-
duced an affidavit from him in which
he said he frequently had been exam
ind by other trainers. He admitted the
affidavit was wrong and charged 1t to
technical error. Mr.. Cochrane then took
him in hand and after learning that only
Billy Garth and DR.. McCully examined
him took the blame for the misstate-
ment in the affidavit.
Fitz was the next witness. It was
his first time in court as a witness and
he appeared a trifle nervous. He said he
was AZ years old, born in Brooklyn, been
in the racing game since 1885. was
jockey for eleven years and trained for
many sportsmen, including Herbert Lee
Pratt, Joseph e. Davis and Howard w.
Maxwell.
"Fftz" Looks for Trouble.
He was on the stand only a minute
or two before he gave the uninitiated a
laugh. He said that when he wasn't on
the track with set Of horses he was
around the stable looking for trouble.
lie said he always was looking for
trouble and that he had instructed his
three foremen to look for trouble all the
time. Horsemen knew that FitZ re-
ferred to injuries and ailments when he
referred to trouble.
Fitz then produced his work book.
From it he read that on May Playfel-
low had worked five furlongs in 1:Oo-4-5
and six furlongs in 1:16; that on May
Is he had worked mile In LA 2-5: that
on May 81 he worked a mile. carrying
more than 115 pounds in 1:3s 1-5 and that
OIL May q he had worked q mile and an
eighth, covering the mile In 1:37 4-6 and
the mile and an eighth. eased up. In
1:52 2-5.
He said he examined the colt after all
OF these trials and not once had he
seen him in distress despite the fact
that three OF them were exceptionally
fast
Then he said he had learned by expe-
rience that Playfellow had worked and
raced better without blinkers than with
them and that he ran better without
being whipped. He said he told IIildreth
about these the first day Hlldreth ran
the colt.
lie then admitted he had been. told
in 1920 that the colt had been seen to
to crib, that he had taken the hay rack
l. -4.Il AzI. l.
day for year but could find no traces
OF cribber in him. Then came the
story about the wind sucking and the
wind suscking bit, which he produced.
He said he knew little about wind
sucking and wasn't sure he ever had
one. D'Arkle might have been wind
sucker he said. He said Super was a
cribber and that Mrs. j. Il. Davis's
Ophelia was heard to crib but was not
a cribber
After telling about a visit by Hill
dreth and Dave Leary to examine
Knobbie and buying that colt without
guaranty he again denied that he
had even seen Ployfellow crib or suck
wind or act badly in any shape or man.
ner
On cross examination DR.. Brennan
asked Fitz only one question. 1t was
whether he would deny that Eagan. who
formerly worked for him, did not tell
him he saw Playfellow crib in 1919 Fitz
said he didn't remember Il, but he
might have done so.