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CONTEST OVER JOCKEY VAN BENSCHOTEN. New York, December 11. The stewards of the Jeckey Club have been asked to decide whether a court decision annulling a contract between an apprentice rider and a turfman will be respected by them and whether a jockey so released will receive a license to ride either in this state or on foreign tracks operating tinder their ollieial sanction. The Orphans Court in Baltimore, Md., cancelled and annulled last Tuesday the contract binding George Van Bensehotcii, a lifteen-year-old jockey, to Max Hirsch, a trainer and owner of racehorses. It appears that the contract was signed by Hirsch and the boys father, now dead, on .May 10, 1909. The terms were agreed upon In Brooklyn, but the signatures were not attached until the subsequent race meeting at Pimlico, Md. Van Benschoten, well known here when the tracks were running last year, went to Juarez with Mr. Hirsch in the fall of 1909 and developed rapidly dtir ing the winter meeting. He came back the following vear and rode, for some of the most important s tabfes on the metropolitan tracks, Mr. Hirsch making all his engagements. For the boys services Mr. Hirsch agreed to pay his father .5 a month, together with all jockey fees. Van Benschoten says in his atlidavit that during the mectin" at Juarez a year ago, because he was beaten on a mare named Ocean Queen, Mr. Hirsch called him to a room in a hotel, knocked him down and kicked him, and then ofTered to pay him a certain sum of money to keep quiet. Van Benschoten did not leave Mr. Hirsch then, he nys. because he had no money, but when be reached Kentucky last March he ran away. His father had died meanwhile and there was nobody to help him. He savs he asked .Mr. Hirsch for 1911.sh00 in fees, but was refused, hater Mr. Hirsch sent 00 to the Jockey Club in payment of the claim, but it was not accepted by the boys guardian. Vnu Benschoten, who supports it twelve-year-old sister, worked his way to Pimlico and while there lie met the late Lconee Fuller, who was killed in a steeplechase at Brookline last June. Mr. Fuller became interested in the boys story and after investigating certain matters he decided to offer assistance. Mr. Fuller and his friend, G. Lathrop Brown of St. James, L. I., were cross-country enthusiasts and owned several jumpers, but they were not interested in Hat racing, so that Van Bcnschotens services were of practically no value to them. They say they i simply took hold of the boys case as a matter of justice and they proceeded to have Royal E. T. Higgs a New York attorney, appointed as Van Ben-Sehotens guardian by the Surrogates Court. - k Mr Riggs promptly notified Mr. Hirsch that the contract was at an end and also filed an appeal with the Jockev Club to relieve the boy from the oiieration of rule 152, to the effect that no owner shall employ an apprentice without a written discharge. The stewards called for the evidence in the ease and Paul Fuller of Coudert Bros, asked permission to appear for the jockey. The result was a no tiec from the stewards that the case had boon referred to the license committee H. K. Knapp. I. R. Hitchcock and Andrew Miller who so far have taken jio further action. In Oetolier Mr. Riggs started proceedings in the Orphans Court in Baltimore, asking the. court to release Van Benschoten from the contract. After hearing all of the evidence as outlined here, the court last Tuesday ordered that the contract be "cancelled and terminated" and that the boy lie relieved from any further obligations to his employer. Mr. Hirsch. A certified copy of the courts order was scut to the Jockey Club Saturday and Mr. Riggs announced that he would send Van Benschoten to the Columbia, S. C. track to ride as a free lance, first asking the track officials for the usual license. The Columbia and Charleston tracks, which have planned to cover the entire winter season, have applied to the Jockey Club for licenses. The Jockey Club will take some action on these applications within a few days. Van Benschoten can ride at OS pounds. When Algernon Daingerfield, assistant secretary of the Jockey Club, was asked about the case, he said: "As we understand it, the Orphans Court in Baltimore ruled on a technicality. The contract was signed in Maryland, but it seems that It wasnt sworn to by witnesses, hence its illegality. As a matter of fact, Van Benschoten rightfully liclongs to .Mr. Hirsch, who has always treated him well. This case has been trumped up by certain persons who want to get the boy away from Mr. Hirsch so that he can ride for them. The State Racing Commission in Kentucky and the Canadian Raciiig Associations both have decided that the boy belongs to Mr. Hirsch. Mr. Hirsch admits that he gave the boy a whipping, but that he needed one. Its all a pntup job and the Jockey Club will consider the matter shortly. I cant say whether the boy will get a license or not." When Mr. Daingcrfields remarks were repeated to Mr. Riggs, the latter replied: "I intend to bring an action against Mr. Hirsch without further delay. The law prohibits the employment of a jockey less than sixteen years old in this state, yet Mr. nirsch signed Van Benschoten when he was thirteen years of ago. The boy was born in Brooklyn, has been to school and at present is furnished with food and shelter at Mr. Lathrons country place, where ho exercises Jumpers. His twelvc-ycar-old sister is taken caro of by another brother, whose salary is a week. Van Benschoten. released from his contract, wants to ride as a free lance. I am sending him to Columbians. C, In the care of Sam Bariium, a horseman."
