THE TURF.

Dominion, Volume 5, Issue 1285, 14 November 1911, Page 2

THE TURF.

—t,—. RACING APPEALS. DECISION OF THE JUDGES. JULIAN'S CASE. BARLOW AND TIIE EGMONT CLUB. (By Teierraoh.--I'rcss Association.l Christchurch, November 13. During Inst week tho judges appointed by tho New Zealand Racing Cr.ufercnco heard two appeal cases, in which a considerable amount of interest was taken. Their decisions are as follow:— The Julian Case, In the matter of tho appeal of A. J. Julian, jockey, against the decision of the Wanganui Metropolitan Committee in dismissing his appral against the decision of the Wanganui Jockey Club, suspending him from riding racehorses in New Zealand for a period of twelve months from May 24, 1911: This is an appeal by Arthur James Julian from the .decision of tho Wanganui Metropolitan Committee, confirming the decision of the stewards of the Wanganui Jockey Club, given on July 28 last. The charge made against Julian was that of wilfully pulling the horso Napper in the Kaitoke Hurdle Race, run on May 24, 1911, contrary to the rules of lacing. The evidence in support of tho charge was tlio testimony of six of the stewards, who witnessed the race in question, but who, with ono exception, disclaimed having observed any deliberate pulling by Julian. Thc-y were, however, practically unaniniMis in the opinion that Julian did not rido his horse out to tho end of the race, and that, if he had, ho would have had a reasonable chance of winning. It is clear to «!j tliat the witnesses, in giving their evidence, had in their minds that Julian had committed a breach of the rulo which provides that jockeys shall rido their horses out. .to the end of the race if they have a reasonable chance of winning, or running second. At the conclusion of the evidence, it. appears by the minutes of (lie meeting of the stewards, lhat the chairman explained to the meeiing; "That wilfully pulling was not defined by the Rules of Racing, but that it was a breach of Rule C, Part XXVI, and also of Rule 1, Clause (n), Part XXXIII pf the Rules of Racing. In •my opinion, any riding in contravention of Rule (> would bo correctly described as pulling. It was not necessary for a jockey to lie back, and pull his-reins-so as to check tho horse, . but any other strategy exorcised by a jockey with a view to checking tlie horse would, in my opinion, amount to pulling." After several of the stewards had expressed their concurrence with tho chairman's opinion a resolution was passed embodying the decision already set out. There can bo no doubt, therefore, that, in passing tho resolution, the stewards accepted the interpretation of tho rules expressed by tho chairman as before-men-tioned. We are unable to agreo with this interpretation. Failure on the. part of a jcekey to rido his horse out under an honest, but mistaken, beli.ef that he has no chance of winning or getting second place, would be a breach of Rule 0, Part XXVI, rendering the jockey liable to a fine, but would not be fraudulent, practice under Rule 1, Clause (n) of Part XXXIII. But failure to vide a horse out not under tlio belief that tho horso could not win. but under the belief that the hoite could and would win if ridden out, and with the dbjcctof avoiding winning, would be not only a breach of Rulo 6, Part XXVI, -but also a fraudulent practice, under Rule 1, Clause (nj, Part XXXIII. , The chairman, in effect, held that riding iu contravention of Rule G was "pullinsr." and that such "pulling" was neco-s-. savily a fraudulent practice. As before stated, we think that sucli an interpretation of tho rules was erroneous, inasmuch as tho logical result ; would bo- that tho mere failure to ride a horse out,' as provided, would be a_ frauduleht practico, involving ths possible disqualification of the jockey which, in our opinion, would b& unreason -tble. Asj theroforc, we think that , tho stewards docision was based upon what we consider to bo an erroneous interpretation of the rules, wo allow the appeal, and reverse tho tlecisions of the stewards and the Metropolitan Committee. Tho disqualification of the jockey. A. J. Julia,n, is therefore removed. Wo think it right to add that, in our opinion, the riding of Julian on the occasion in question was suspicious, and justified an inquiry, and that, if the stewards of the Wanranui •Jockey Club hod found him guiltv of failing to ride his horse out. we should not_ have bren disposed to disturb that decision. We direct the deposit to be refunded. (Signed) Goorge Clifford (chairman). P. Miller. T. W. Stringer. Christchurch, November 10, 1911. : The Barlow Case, In the matter of the appeal of the Egmont Racing Club against tho decision of the Taranaki Metropolitan Committeo reversing the decision of the Egmont Racing Club, disqualifying R. Barlow, jockey, tor twelve months from May 17, 1911, for pulling Master Sylvia iu the Railway .Handicap, run nt the Egmont Racing Club's meeting: Tho charge made against Robert Barlow by' the Judicial Committee of the Egmont Racing Club was: "That, on May 1.7, 1911, while ruling Master Sylvia in tho Railway Handicap at the Egmont Racing Club's meeting, ho did wilfully pull his -mount, contrary to Rule G, Part XXVI of the Rules of Racing." •Vftor an, inquiry, tho committee passed the following resolution:— "That 1?. Barlow bo disqualified for twelve months for wilfully pulling Master Sylvia in the Railway Handicap at tho Egmont meeting, the disqualification to dato from May 17, Barlow then annealed to the Metropolitan Committee, who allowed tho appeal, and reversed tho decision of the judicial committee. Tho Egmont Racing Club thereupon appealed to the New Zealnnd Racing, Conference, on the ground (hat the decision of the judicial committee was upon a question of fact, and was, thcre■foro conclusive* under Rule 7, 'Part XXXI of tho Rules of Racing. As already pointed out, the charge made i against Barlow was for a broach of Rule. G. Part XXVI, which, as former judges i have held, involves a matter of opinion, and is, thorefore, nppealiiblo. Moreover, having regard to tho fact that, of tlio four stewards who witnessed the occurrence giving rise to the charge against Barlow, two only were satisfied that Barlow, had wilfully jmlled his mount, while the other two wcro in doubt upon the question, we cannot think that the evidence of wilfully nulling was at. all satisfactory. We think that the decision of the Metropolitan Committee upon the merits of the easo was right, and that the appeal of the Egmont Racing Club should be dismissed. M e desire to add that, in our opinion, Rules 7 and S of Part XXXI of tho Rules of Racing are inconsistent, and should bo amended by the New Zealand Racing Conferenco in the dir; otion of defining exactly upon what questions the decisions of stewards, should 'jo regarded ns final ami conclusive. Tho deposit lodged by the Egmont Racing Club will bo refunded. (Signed) Gcorgo Clifford (chairman). P. .Miller. T. W. Stringer. Chrislcliurch, November 10, 1911. FEILDING J.C. HANDICAPS, Tlio following liaudicaps for the Feilding J.C. meeting havo been declared by Mr. Henrvs:— FLYING STAKES, of 200 sovs. Six furlongs.—Nvlnnd, 9st. Gib.; Gladiole, Oil'.; Bliss, Sst. I,'ilb.; Effort, Sst. .'lib.; St. Toncy, Sst. 21b,; Rill, ftst. 21b.; Dazzling, 7sl. 131b.; Patriotic, 7>t. 121b.; Master Sylvia, 7st. 111b ; Sea Queen, 7st. lOib.; Countermine, 7st. 101b.; Slcrry Frank, 7.-.1. 71b.; True Shot, 7st. 71b.; Avarice, 7st. 31b.; Rangiatua, 7st. lib.; Khamsin, fist. 101b.; Overtime, Gst. 71b.; Thetis, list. 71b.; Moree, Gst. 71b,

ST. ANDREW'S HANDICAP, of 300 sovs. One mile and a halt.—Mendip, 9st.; Masterpiece, Bst. 121b.; Merrivonia, Bst. Oil).; fNindstrcain, 8-t. S!b.; Goldfimler, Bst. 8lb.; Counterk'it, bst. 71b.; J.uny Menschikolt, Sst. lib., Tft I'iiia, Sst.; Kauparnhn, 7st. 101b.; Sir Anlrini, 7st. Kill).; Coromandel, 7st. '.lib.; Patriotic, 7st. 71b,; Goodwin Park, 7st. 71b.; Kilosleri, 7sl. 71b.; Kauroa, 7st. (lib.; Avarice, 7st.; Mart.on, fist. lfilb.; Epsom Lass, (Ist, 01b.; First. Battery, Ost. 81b.; Vhlando, list. 71b.; Sir Solo, Gst. 71b.

SPRING HURDLES, of 200 sovs. Two miles.—Lspartcro, list. 131b.; Compass, list. -lib.; lieumnc, list. 31b.; Windage, lOst. 101b.; Hawick, lOst. 101b.; Euroco, lo>t. 21b.; To l(u, lOst. lib.; Tyrannic, 1 Ost.; Xavicr, Ost. 131b.; Longner, Ost. lllb.; Strathmoira, 9st.; Lcolanter, 9st.; Highdcn, Ost.

WAITUNA HURDLES, of 100 sovs. One milo and a half.—Hawick, list. l.Hb.j Koran, list. 511).; Waiputere, list. 31b.; Eiya, list.; Winchester, lOst. lllb.; Captain, lOst. 91b.; Waipaku, lOst. 21b.; Canadian, lllst. lib.; Cullinan, lOst.; Strathmoira, Ost. 121b.; l'uketotara, Ost. lllb.: liighden, Ost. Ollj.; Nescot, Ost. 71b.; Royal Patron, Ost. 51b.; Brillinncy, 9ft. 41b.; Silva, Ost. 31b.; Ambergris, Ost. 21b.; Epsoin Downs, O.st.; l'olynices, Ost.; Seawiml, Ost.; Jackman, Ost.; llatana, Ost.; Lanark, Ost.; Moonhall, Ost.

KIWITEA WELTER, of 200 sovs. One milo.—Sandstream, lOst. 31b.; To Puia, Ost. lllb.; Effort, 9st. lllb.; Roosevelt, Ost. 101b.; Rill, Ost. 81b., Golden Loop, Ost. Clb.; Flingot, Ost. 01b.; Countermine, Ost. 51b.; Ariom, Ost. 41b.; Rauparaha, Ost. 31b.; Coromandel, Ost. 21b.; Bracken, Sst. 131b.; Birkline, Bst. 131b.; Miscnl, Bst. 121b.; First Rate, Sst. lllb.; Con the Shaughraun, Bst. lllb.; Amato. Sst. 1011).; Sea Pink, Sst. 81b.; Starboard, Sst. till),; Marlon, Sst. lib.; Otalni, Bst. 31b.; Seaman, Bst. 21b.; Floater, Sst.; San Lass, Sst.; Royal Marine, Sst.; Wniouru, Sst.; Brawn Trout, Sst.; Crown Pearl, Sst.; Strategist, Bst.; Stevens, Bst.; Golden Ago, Sst.; Royal Patron, Bst. FITZROY HACK FLYING, of 100 sovs. Six furlongs.—San Plnie, Ost.; Taft, Bst. 101b.; Makara, Sst. 101b.; Ovation, Bst. 81b.; Mere Merc, Sst. 71b.; Midian, Sst. Oil).; Melologue, Bst. 51b.; Odessa, Bst. 131b.; Monologue, Sst. 31b.; Wild Lupin, Bst. lib.; Sam Pan, Sst.; Gay Lawless, Sst.; Goidemar, 7st. 131b.; Ebonite, 7st. 131b.; Tiwari, 7st. 131b.; Bellah, 7st:. 131b.; Strategist, 7st. 121b.; Flcctwcok, 7st. lllb.; Adare, 7st. 101b.; Nithsdale, 7st. 101b.; Golden Age, 7st. 81b.; Royal Arms, 7st. 51b.; Monsieur Soult, 7st. 41b.; Roval Simon, 7st. 41b.; Septimus, 7st. 31b.; liecipe, 7st. lib.; Seraphic, 7st.; Tctikura, Ost. 131b.; Millbanks, Gst. 121b.; Rongopai, Gst. 121b.; Grattan, Git. 121b.; Confection, Gst. 121b.; Plantation, Gst. lllb.; Dover Straits, Gst. 101b.; Muleteer, Gst. 91b.; Retreat, Gst. 71b.; Tuatalii, Gst. 71b.