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I ! REFLECTIONS By Nelson Dunstan t Second Round of Merritt Case Much Education for Listeners N. Y. Stewards Very Kind to Boys Racing Commissioners Should Act NEW YORK. N. Y., April 20. The second session of the Merritt ease was held Wednesday night and all three of I the New York stewards took the witness ! stand. There was less of the Tuesday night bitterness or verbal ex- changes between lawyers, or. between the i lawyers and witnesses. In fact, on one occasion, one of the lawyers said "thank you" to the other. The second night was even a more liberal l , education in handicap- ! ping. Jockey Club pro- I ; 1 ceaiu ., i.vJ uack routine and definitions of just what constitutes "pulling" a horse. I [• Francis Dunne was on the stand but a • , short time and was followed by Harold Vos- ] j i burgh and Marshall Cassidy. They made a , fine impression on the crowd in the courtroom. System players may not like Mr. j : Vosburghs testimony, for he said that racing | could not be reduced to an exact science. Mr. Seligson, counsel for Merritt. tried hard to get both officials to discuss the manner in which they figure lengths to a second. . They said they did not figure that way and j Mr. Vosburgh added that weight was the ! all-important factor, and went into an ex- j j planation of the British system — saying that "time" did not mean much to British trainers. On the other side, they try their younger horses by testing them against the older ones, depending upon the weight assigned to tell them what they must know about the younger horse. In all the welter of questioning, in-nuendos and bickering that has taken place in this mess that they call a hearing, there is one point that is shouted to the high heavens and admitted by all three New York stewards. That is, the stewards will compound an offense by a jockey and assist him in deceiving the officials at some other track, provided he gets out of New York and stays out. If a burglar should enter your home, by no means have him arrested: the thing to do is extract from him a promise that he will not come back to your home and you, in turn, will not tip off Mr. Smith, who lives across the street, that the man is a burglar. That may be a poor comparison, but silly as it sounds, that is what it amounts to. Here are the facts — on July 6. 1942. Merritt rode a horse named Peep Show at Empire City. After the race, the stewards were of the opinion that Merritt had given the horse a "listless" j ride which, according to the I definition of Marshall Cassidy. is one of many ways in which a horse can be "pulled." Francis Dunne was sure in his own mind that Merritt had "pulled the horse Vosburgh and Cassidy were "suspicious." but not positive. On July 9. also at Empire City. Merritt rode the same horse to seventh position in a nine-horse field. After this race, all three stewards were convinced that Merritt had "pulled" the horse, under the definition of what constitutes that offense. On July 16, at Empire City. Merritt rode the same horse for the third time. On this day. the jockey was by no means j indolent and listless. He urged his mount and used his whip. As Francis Dunne de- j scribed it. "It looked like Sande had cornel back " Chunks of money had appeared to be bet on this horse, but it is the old. old story, that other jockeys in the race are out to win also. The winner was General I Mowlee. In the stretch, there was some : bumping. Still hoping to save the day, J Merritt. who had finished second on Peep| Show, claimed a foul against General Mowlee. The stewards called jockey Loveridge to the stand and he said the charge was not only ridiculous, but, if any one committed a foul, it was Merritt on Peep Show. The stewards told Merritt his charge was "frivolous" and dismissed it. Now. here was a jockey who, on his second ride, had convinced the stewards he was not riding to win. Still. a week later, July 16, they allowed him to ride for the third time. On July 17, they refused to allow him to ride. Voluntarily, he went to the stewards stand and they told him that he could not ride on tl»e New York tracks, but would have to go somewhere else. He pointed out that if he was not allowed to fulfill his two engagements that day, other tracks would become suspicious. The stewards had not suspended him. you - understand, nor did they. It may have been the milk of human kind* ness on their part, but, whether it MM or not, they agreed to let him ride, provided he would go to another track after those two races. In other words, you cannot rob our lotne. but we promise not to tell Mr, .-wnitlt across the street that you j j I : J might rob his home. On the next day, Merritt left for Garden State Park and the stewards testified that he seemed happy and grateful that they had not suspended him. Mr. Seligson asked Mr. Cassidy. "Did he say thank you?" Cassidy did not answer the question, but most of those in the courtroom thought Merritt should have planted a nice big kiss on the brows of Messrs. Dunne, Vosburgh and Cassidy. We are not trying to be funny here. Actually, there is nothing funny in this case. Month after month the stewards of The Jockey Club meet on Park Avenue and issue grave notices, most of which have the expression, "For practices detrimental to the turf," or, "for the best interests of racing." Yet, here is one of the most glaring abuses practiced on the American turf. Three stewards who have a manifest duty ; to perform, sweep the dust under the car-pet i instead of them cleaning the house. Not lOOg ago, one body of state racing commis- | ! sioners endeavored to have all other bodies recognize one anothers rulings. When the National Association of State Racing Commissioners meet in Chicago, early in July, it should demand that when stewards are convinced in their own mind that a jockey ! has committed an offense, that comes under the definition of "pulling" a horse, he should be suspended and every race track in the country notified of the exact reason for the suspension. It is such things as this that will ultimately destroy the publics confidence in racing. If the stewards of the New York tracks are not big enough to protect the sport as an institution, then it is high time for the state racing commissioners, who also have a sworn duty, to step in. and correct a rotten evil in the high places of racing. [
