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GOSSIP OF THE TURF. Concerning the starting gate litigation down east the New York Sun of Thursday says: "Judge Thomas yesterday in chambers issued an order directing starter Christopher Fitzgerald to show cause why he should not be punished for contempt in disobeying an order of the United States Circuit Court by causing two races to be started with a patent barrier, of which Patrick Ryan calls himself the sole patentee. The order was given to a deputy United States marshal to be served at Morris Park yesterday. "On .May 4, Judge Thomas, in Brooklyn, granted a restraining order on the appllca- Gontinued on second page. GOSSIP OF THE TURF. Continued from first page. tion of Ernest C. "Webb, attorney for Ryan, against the Metropolitan Jockey Club, Christopher Fitzgerald, Timothy D. Sullivan, "William H. Reynolds and Patrick H. Mc-Carren. The order forbade the defendants in the action from operating the starting barrier at the racetrack at Jamaica. "This order, it is alleged, was served on starter Fitzgerald on May 4, just prior to the starting of the races. Notwithstanding this, it is alleged, Fitzgerald started the first n arid second races by sending another man to the starters box to operate the barrier . while he Remained in the judges stand. "August Belmont and others representing the Westchester Racing Association, on May 7 applied to Judge Thomas to suspend the operation of the restraining order and permit the removal of the barrier from the Metropolitan track to Morris Park in preparation for the races there. Judge Thomas permitted the barrier to be removed on the representation of Mr. Belmonts financial responsibility, but after argument in court May 7 he refused to suspend the order, and said the "Westchester Racing Association could use the barrier at Morris Park on payment of a license fee, which was agreed to by counsel. At this time Mr. "Webb, represent-: ing Ryan, alleged that Mr. Fitzgerald had violated the order of May 4, and this resulted in the order signed by Judge Thomas yesterday."
