FAILING TO DRAW THE WEIGHT.

Auckland Star, Volume XXIX, Issue 148, 25 June 1898, Page 3

FAILING TO DRAW THE WEIGHT.

The Dunedin Jocksy Club's ' May Heeting brought up a point in racing law. Tne Tradesman's Handicap on the opening day was won by Arliue, a gelding named Maremma, owned by Mr J. A, McGuiiiess, running second. The machine had commenced to pay out over Arline when McGuiness entered a protest on the ground that Rae failed to draw weight. The stewards met in the evening and passed the following resolution: 'That as the clerk of the scales states that the rider of Arline weighed in correctly, and he declared it was so, which was corroborated by several witnesses, the Stewards must dismiss the protest. They wish, however, to express their strong disapprobation that Mr Fleming, as the owner of Arline and a steward of long experience, should have committed the grave impropriety or touching the scales.' Mr McGuiness, not being satisfied, interviewed the D.J.C. Committee and that body said that they could not entertain an appeal against the stewards' decision. lh McGuiness, owner of Maremma, thereupon gave the Club notice not to pay over the stakes. Mr McGuiness has now sent a letter to the Secretary of the Conference formally appealing, and setting forth the headings of his case. The first ground of the appeal is that the owner of Maremma does not understand how it came about that Arline's rider, after having twice declared short of weight, was at last declared weight. It _s further asserted that Mr Fleming touched the scales with his hands, and Mr McGuiness goes on to say that Mr Solomon afterwards told Mr .J. B. Reid, Mr J- A. Cook, and Mr C. Dalgety that Mr Fleming put his foot on the scales. Another clause of the appeal states that Messrs L. Maclean, J. C. Short, F. Meenau, S. Solomon, and J. Mills were the only stewards present when the inquiry was held; that Mr Fleming was allowed to be present and hear the evidence, while Mr McGuiness had no opportunity of hearing- what Mr Fleming said; and that Mr Solomon, one of the stewards present, was interested, being owner of Belle Clair, who finished third, and would therefore receive second money in the event of the protest being upheld. The appeal is accompanied by the necessary £20 deposit, and Mr McGuiness says he i.s Prepared with witnesses to substantiate his case. The result of the appeal will be looked forward to with interest all over the colony, and if the case is gone into publicly some sensational evidence may be expected.