view raw text
CLARENCE MACKAY WINS POINT IN SUIT. Lexington. Ky.. Juno 10.— Clarence II. Mackay. tho noted New York financier, hreeder and turfman. who maintains a stud of thoroughbreds in Kentucky and another in France, and whose colors have been carried on both sides of the Atlalitie. has scored the first tally in a legal battle that was precipitated by Rohert L. Baker, of this city, from whom Mr. Mackay leases the famous Kingston Farm near Lexington. When Air. Mackay took his original lease on Kingston Farm October 31. 1905, it was for five years at |10,400 per year, with a privilege of renewal for five years more ending October SI, 1015. A renewal, however, was made in May, 1908, for the remainder of ten years, ending October ."I. 1015. Last summer Mr. kfai kiv announced his intention of sending the stallion .Meddler and a hand of his heat mares to France, tin Idea being, h. cause of the passage of repr.ssiouaiy laws in Sew fork, to race the product in Prance and England, or to sell the produce for mi Ins in those countries. Mr. Baker, earing that the sending of these In HH s from Kentucky to France might possibly result in some condition that would negative the agreement between himself and Mr. Maekay, filed a suit in tiie Fayette Circuit Court for approximately 0,000, virtually all of the sum anticipatory on the unexpired term of the lease ami probable expenditures for improvements on the place, and attached tin- hois, s that were about to be sent to France. Mr. hlackuy give an Indemnifying bond for double the amount sued for. shipped the horses to France. had the ease transferred from the Circuit Court of Fayette county to the United Statis Circuit Court at li Miikfort. and entered a demurrer to certain port ions of the petition. Judge A. M. .1. Cochran sustained the demurrer, which had the effect of defeating Mr. Bakers claim to items aggregating 180,400, leaving the remainder to lie fried later upon depositions that :tre to he presently taken by the plaintiff and the defendant. Judge Cochrans opinion carries a vein of sarcasm and in effect it is a guarantee to nou residents of Kentucky who have and are maintaining breeding establishments in the state that their in-eresls will I..- safeguarded. Mr. Bakers contention now is that Mr. Maekav should be reiniired to give s bond of approximately 0,000 as Indemnity for the unexpired term of the lease. Mr. Mackay. on the other hand, contends that tin- record of his lease in the office of the county clerk is BunVlenl guarantee that he will 1 I his obligations to Mr. Baker and furthermore that be has al Kingston Farm horses and other property of more than 0,000 value. The question of whether or not Mr. Mackay should give this bond is now to be decided by the court. The largest sucklings at the St. James Stud are two nines and a roll by Abe frank that were foiled ■ t Hi farm of J. F. Newman near Sweetwater. 1.x.. in January. The fillies are out of Alma Gardia ami our Bessie and the colt is from Sain-roke. liny are now as large as many yearlings in this section of flic country. Their dams hare been mated with St. Savin. Col. Milton Young recently sold to Harry Rites, of Baltimore, • two good looking thoroughbred year-ttng COltS for a fancy price. The best looking of the pair is a son of Hamburg and Plying Cold Dust, by Ben Drush. she out of Maid of Fori line bv Prlnce of Monaco. This colt was bred hv E. C. Cowdln in the Mapleburst Stud, hut he was foaled as the property of Colonel Young, who bought the mare at the winter sale hero in 1008 for ,250. lie realised more than double that amount for the colt. The other is the Chestnut colt hy Ort Wells— Katriona. by Woolsthorpe, she out of Greteheu dam of Maggie Clopton, by Luke Blackburn. This colt was bred hy John A. Drake ami Colonel Young bought him with bis dam for virtually a song. His dam is a sister to Tim Pippin, which has raced suc-eessfully for Mr. Rites.
