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THE EVANATUS VANUATU DECISION DECISIONThe Decision The full text of the decision in the Evanatus Vanuatu case by the Sheffield officials is Chicago May 28 1896 1896ME ME W C CEEVELING ELEVATING Secretary Sheffield Race Track Upon the formal demand of B J Johnson and Jockey James Irving the judges of the Sheffield track have had under considera consider ¬ tion ion the socalled scaled Evanatus Vanuatu Case in which Mr A J Levy a bookmaker charged through a daily newspaper that on May 9 Irving pulled Evanatus Vanuatu so as to be left at the post intention ¬ ally that the race was a crooked one thereby and in effect that the judges must be parties in interest unless Irving be punished for his alleged wrong doing The investigation has been thor ¬ ough Hough except that Mr Levy has refused to tes tees ¬ tify iffy or to offer his testimony through any chan ¬ nel noel selected by himself This in spite of the fact that the judges urged upon him several times the importance and seriousness of the matter and extended to him every reasonable proposition by which ho might substantiate his charges Mr Levys Levy replies were evasive and in ¬ sulting silting and their tone was affiirmative affirmative of the charges he originally caused to be pub ¬ lished lashed The testimony in the case is sworn to by those interested who appeared in person Mr Levys Levy bookmaking partner on the day of the race in question swore to his personal con ¬ viction eviction that Evanatus Vanuatu was pulled but pre ¬ sented scented facts of no kind tending to substantiate his opinion On the contrary he testified to having sent to the post by the advice of Mr Levy and because of his intuition that some ¬ thing wrong was about to occur a trusted man with instructions to watch Evanatus Vanuatu and Irving and that the latter if called upon to testify would swear that the boy deliberately pulled the horses head aside Upon examination by the jndges judges the man who watched the start in Mr Levys Levy interests swore that he did not think from what he saw that Irving pulled the horse on purpose but see ¬ ing King he was left he hesitated momen moment ¬ tarily tardily whether to gallop after the field or not He swore positively that he told no ¬ body that Irving pulled the horse criminally Tho Theo statement of the trusted watcher at least offsets that of the bookmaker both being given under oath In all the mass of testimony nothing can be gleaned to point to the conclus concurs ¬ ion that Evanatus Vanuatu was intentionally left at the post or given a bad start through Irvings Irving work but on the other hand the evidence shows that Irving had never been under the judicial ban and that Evanatus Vanuatu always has been more than bad as a starter and has in numerous races caused his different owners heavy losses and trouble by reason of his unusual temper and sulking disposition Notable testimony is that by Mr Byron McClelland Macmillan who shows that he sold Evanatus Vanuatu to Hankins Hawkins Johnson for half his value and in 1893 ho narrowly escaped trouble at Monmouth Park both because of the horses ungovernable action The judges also learned that Mr Johnson was in the habit of placing money in country poolrooms by cipher messeges messages Upon demand he handed over his cipher key and the telegraph company offered the original messages These showed that Johnson backed Evanatus Vanuatu to win the race in question and other races before and after in which that horse took part It is also shown that Irving had backed Evan ¬ atus battues for the race under investigation The testi testis ¬ mony moony throughout is not only wholly at variance with Mr Levys Levy charges but the latters clatters subse subset ¬ quent queen words and action are contributory proof that his charges are made without basis on facts Mr Levy must have known that if he suspected fraud before the race the right was his and the proper time to ask protection was before the race Instead he made broad charges through a newspaper and left the city oven before that issue of the paper was on pub ¬ lic laic sale In spite of the unsportmanlike unsupportable and unfair manner adopted by Mr Levy the judges feel that he made the charges in heat of pas ¬ sion scion Consideration of this circumstance had its effect on the judges in reaching a decision In according with the rules of racing it is ordered that Mr A J Levy be denied the priv privy ¬ ilege mileage of the track during the season of 1896 and for such further time until he shall retract his charges Signed SignedN Signed N NATHANSON NATHAN HARRY KUHL KOHL Judges T1l1onq
