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SHANE CASE APPEAL IS DISMISSED BY NEW YORK COURT OF APPEALS ON A TECHNICALITY New York June 17 Harry Payne Whitneys good sprinter Iron Mask showed his quality In the Tolwggan Handicap at Itelmont Park in which hs was returned an exceedingly easy winner NotwIU standing the fact that he carried liO pounds an 1 was opposed by s me of the best sprinters in trail ing he never left tin outcome in doubt leading froi i start to finish and at all limes under a stout pull His time 110 was the fastest iu the history of the stake with one exception Four favorites and two well hacked horses won vo that the public ill 1 well on the days proceedings and in addition saw some excellent sport sportThe The Tolxiggan Handicap was established in 1800 and Its talded history since 1900 u as follows Year Winner AWt Jockey Val Time 1900 Voter 0 12S Spencer 1375 l12y 1901 Banastar 0 130 ixlom 1210 l13i l13ilU020hl lU020hl England 310 I Wood 1700112 1903 MIzzoa 3 112 Bnllman 2020 111 1904 Hurst Park 4 111 Odom 2790 114 4 112 F ONeill 2070 113 10 Clark Gritlith3 100 W Miller 3510 111 1907 Ben Ban 4 95 Garner 3K0 110 110190S 190S Berry Maid 3 100 Shrove 3940 111 1909 De Mund 5 125 Bittwoll 1010 111 1910 Man Davis 41147 Glass 115011 1913 Iron Mask 5 130 Troxlor 2005 110 110No No racing in 1911 and 1912 1912John John K Madden won his first race of the year when Hyputia beat a lot of maidens In the closing dash Although Hypatia showed a good periormanw In her first eilort a few dJys ago she wa quoted at good xlds because Bradv was iu tin saddle Sin dashed out of the bunch in the last sixteenth aid won going away awayMalaga Malaga won the steeplechase which was one f the days features At wile time she was twenty lengths in front of her neatest opponent but in the last half mile she quit badly and at the end she was all out to beat Shannon River three lengths August Belmont issued the following statement this afternoon in answer to an article printed in a local paper this morning charging that the laws were being violated at Belmont Park ParkThe The associations conducting the race meeting now in progress have given strict instructions from the outset to the Pinkerton agency and its ollicers to enforce the law against gambling at Belmont Park and they have the most positive orders to co ¬ operate In every way with the sheriffs their deputies and the district attorneys of both Nassau and Queens comities to that end We cannot but believe that the socalled proofs of open gambling are simply isolated cases established after careful sifting of the large and orderly attendance at the track As to their validity as proof of what tho paper claims the courts and not we are competent to decide If anything might l e ulti ¬ mately shown to have been illegally done by anyone on the grounds it will have been committed not only without our sanction hut against our positive and recorded orders ordersAugust August Belmont will sail for England oil Thurs ¬ day on an important business trip He was to have departed last week but decided to remain over fin the polo games He rt iorts the death of the well known mare Teas Over at his Nursery Stud in Kentucky Teas Over has a two mouths old lojt l y Rock Sand at the Nursery Stud Jockey Charley Grand was suspended for five days It is said that be was responsible for the falling of Rebound in a recent race Without raceWithout iKissing on Its merits the Court of Appeals at Albany today dismissed the appeal In the Shane case upon which an interpretation of the antirace track gambling laws was sought The appeal was dismissed because it was not taken in the name of the people as required by law The effect of the dismissal is practically to sustain the courts below which held that wagers made orallv between individuals are not within the statute pro ¬ hibiting bookmaking
