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NO ACTION ON MALONE CASE Maryland Racing Commission Fails to Act After Re-Hearing Uallno "Ringer" Testimony. BALTIMORE, Md., Nov. 14. No action was taken by the Maryland State Racing Commission today following its rehearing of the Thomas Malone case after it had been remanded to that body by judge Eugene j ODunne. The case was heard shortly after j Circuit Court Judge Rowland K. Adams dis-j missed the plea filed by Malone and his attorney, Paul B. Mules, which sought to restrain the commission from holding its second hearing on the ground that the Maryland racing officials had no jurisdiction over the horseman since he had no license in this state. After presenting a plea denying the Mary-- land commissions jurisdiction in the case, ! Malone left the hearing but his attorney , remained as an observer, j Among the witnesses was Dr. William I Collins, veterinarian for the Maryland Jock-. ey Club, who testified that he examined Bye ,Bye Will shortly after the race he won at j Pimlico May 7 and the horse bore firing marks on his front legs. He added that he-later examined the real Bye Bye Will at a farm near here and the horse had a knee injury which would have made him unfit to race, further that he did not resemble Uallno. W. F. Mulholland, trained for G. D. Widener, who bred and owned Uallno, the horse claimed to have been substituted for Bye Bye Will and in Malones stable at the time of the purported ringing, also testified Continued on twvnty-sixt h page. NO ACTION ON MAL0NE CASE Continued from first page. .that the horse had been fired. Daniel Militello, apprentice jockey, Patrick J. Devine, a groom, and Lando Bres-san, stable agent, all employed by Malone in the spring, testified that Uallno was absent from his Belmont stable for three or four days at the time he was alleged to have run here as Bye Bye Will. At the conclusion of hearing the testimony, no witnesses appearing for Malone, Jervis Spencer, Jr., chairman, of the commission, asked attorney Mules whether he wished to make a statement or file any further plea or motion on behalf of his client. Mules had nothing further to say other than that he would take the matter of the commis-j sions jurisdiction in the case to the court of appeals and ask that Judge Adams injunction dismissal be reversed. 1
