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ROW OVER HOPELESS SALE EL P. Ileadley Declines 5,000 Check Says Sale Was Made s Without His Knowledge. r t c LEXINGTON, Ivy.. July 2G. Hal Trice ; Headloy has declined to accept Jefferson Livingstons check for 5,000 in payment for Hopeless, the speedy two-year-old gelding by Huon II. Kolinsky, by Uncle, and has wired Livingston that he expects the horse to bo returned to him, since the sale was made, ho declares, without his knowledge or authority. The story as related today by Hcadley, who has been away to Bermuda and Atlantic City with his family, is as follows: "After Hopeless wen his race at Latonia Juno 19 I told T. P. Hayes, Will Perkins, Will Overton and several others who had asked mo previously for a price on the gelding that I would sell him for 5,000 and pay a commission of 10 per cent. I left Latonia that day and was not back there any more until July 5. Meanwhile Hopeless had won another race. I talked with Perkins about other matters, but ho said nothing to me about wanting Hopeless or having in prospect a purchaser for him. I had not given any one an option on him and after his win on July 1 I had made up my mind to keep him and carry him over for three-year-old racing in my own colors, except that I had agreed to lease him for the Saratoga meet-iug. It was agreed that he should run two races for me at Windsor. Accordingly I instructed Waller Taylor to take Hopeless to Windsor, race him twice and then turn him over to Mr. Johnsons man, unless I should come back and attend to that myself. I told Julius Iteeder that I was sending the gelding to Windsor in charge of Walter Taylor and asked him to see that Taylor got any money or other assistance he might need in my absence. I then went off for a vacation trip with my family to Bermuda, where I received a cablegram from Frederick Johnson inquiring the meaning of my having sold the gelding after having leased him to Johnson. That was the first I knew of the transaction. It now develops that Perkins went to Walter Taylor just before the running of the Provincial Handicap, the second race won at Windsor by Hopeless, and told Walter Taylor that lie had an option on Hopeless from me and that he had sold the gelding to Mr. Livingston for 5,000. On the strength of this statement and without my sanction in writing or otherwise the Windsor Jockey Club permitted Perkins to give instructions that Taylor take off my colors and don the colors of Jefferson Livingston, and in so far as I am aware they have paid the winnings of Hopeless in that stake race to Jefferson Livingston, my horse having been turned over to Livingstons trainer, T. L. Pierce. "I have declined to accept payment for the gelding, because I had not authorized that he be sold and I have called upon Livingston for return of the horse to me, and I shall make demand of the Windsor Jockey Club for payment of the winnings of Hopeless in the Provincial Handicap to me. It is customary on the turf that a price for a horse when stated is the price for that day or for two or three days at the most When I heard nothing from Perkins or the others within the few days after June 19 about Hopeless I dismissed from my mind the fact that I had priced him for 5,000. I had previously priced him to B. J. Brannon for ,000 and Perkins had in a day or so called me up and said, Judge Young will not take Hopeless at ,000. Perkins wanted to know if I had not priced him to Brannon at that figure and I replied that I had, but that he was not now for sale at that figure and that if I decided to price him again I would let him know. So it was that on Juno 19 I named the price of 5,000. But I gave no one an option and certainly did not expect that nearly a month later anyone would come along and take my horso on that statement I am greatly surprised that the Windsor officials would permit my horse to be raced in Jefferson Livingston3 colors or in any colors other than my own without first seeing a bill of sale or transfer of ownership from me. Will Perkins Is not my authorized agent; neither i3 Jefferson Livingston. So neither had the right to change the ownership. Walter Taylor merely was the jockey in charge of the horse. He says he said nothing when he was told by Perkins that ho had an option from me and that he could only follow the instructions he had to change colors and rido the horse. It 13 a most unusual circumstance, not to say high handed."
