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REFLECTIONS By Nelson Dunstan Merritt Case Ended Abruptly Jockey Denied Every Charge Summing Up Took Five Minutes-Quick Verdict Says H. B. Swope NEW YORK. N. Y . April 21. The third and last round of the Merritt case ended at 12:40 oclock this morning. In three sessions, opposing lawyers and witnesses covered every • subject from handicapping to fake hotel registers. During the third 1 evening there were . many laughs. Much of ; the late evidence was ; mere repetition of the , matter discussed during the first two sessions. Bobby Merritt took the stand at 9:40 I p. m. and when he left had r o /l nvmorl proved a o rrrrri good itf-i*- _ had r o /l nvmorl proved a o rrrrri good itf-i*- _ it ac midnight he witness in his own defense, although there ! were times when he confused former testimony that he had given. At the first hear- | J ing he testified that Loveridge. on General 1 i i Mowlee. had bumped him and that was why r he claimed the foul. On Thursday night ; he said that Loveridge leg-locked him. . At other times he contradicted himself, but ; on the whole he denied every charge made ; against him. He said he rode Peep Show to win at all times and he denied owning ! the horse Double B., although he did admit a tender and great love for this thoroughbred who ran so well for him. It appeared that Merritt looked upon Myron Davis, the patrol judge, as a close friend. When the trouble came. Merritt said, he went to Davis to seek friendly advice. He claims that Davis told him not to "irritate" the stewards and to go somewhere else quietly for a time, and that when he came back everything would be all right. Davis denied all this, in fact, denials were the theme of the entire third session. Davis, like the three stewards, talked of the "listless ride," but the other three patrol judges who were called to the stand could not see anything wrong and said so. Shortly after these judges testified William Seligson. counsel for Merritt. made a move that the case be dismissed on the grounds that the charges had not been substantiated. Herbert Bayard Swope ordered that the hearings be continued, and it must be said here that the chairman of the New York State Racing Commission was eminently fair to Merritt and his counsel, especially on the third evening of the hearing. Merritt admitted he knew many peo-; J pie on the race tracks, but it seemed he did not know those whose names were mentioned | by The Jockey Club lawyer. On the 8 first night of the trial, a seemingly damaging " copy of a New Orleans hotel register • was introduced, with Merritts name listed with presumably three undesirable characters. The jockey denied it was his signature, and the point was not pressed. It ■ turned out later that Merritt was the guest of Grant Thorn, the Baltimore owner, and J J that Thorn had introduced him to these three men. He shared a room with a man named George Chapman, a somewhat t mysterious detective. Merritt did not seem . to know him very well, in fact, he did not seem to know him at all — even though they r slept in the same room and had one drink . "at a time" together, the rider said during "r the ten days. On another occasion, he was J asked if he knew a man named Mike Best. No." he said. He was handed a photograph of Mike Best and he drew one of the many laughs of the evening when, peering] closely at the picture, he stated. "I have! seen many men in the paddock who looked like this man." A few minutes later, a J Pmkerton detective was put on the standi and was asked serially, "Do you know Mike Best? Do you know Bobby Merritt? Did you ever see them talking in the paddock! together? The Pinkerton detective said; Yes! Many times." And then, with a big grin, he stepped off the stand. Shortly after midnight. Herbert Bayard Swope asked the opposing lawyers if they would prefer to submit briefs, or sum up their case within a limited period. They finally agreed that each would take five minutes. Kenneth Greenawalt. counsel for The Jockey Club, was the first to speak. He was at his best in these few minutes and with what material he could use, stoutly maintained he had substantiated the charges against Merritt. William Seligson. counsel for the jockey, was just as positive as Greenawalt. Although these two had snapped at one anoth -. er the two previous nights, all was now sweetness and light. Seligson thanked The Jockey Club and the State Racing Commission members for their courtesy. He admired the three stewards for their courage in defending the good name of racing. He further admired The Jockey Club for bringing this case into the open M that the public could hear the J true facts. Then — and quickly, he switched to a plea for his client. He read the charges against Merritt and contended that not one of them had been proven. When he finished, he had won the admiration — and possibly the sympathy — of those in the courtroom. He was briskly applauded and, we must add. he deserved that applause. A moment after the case ended, the courtroom resembled a debutantes coming out party. Everyone was congratulating everybody else — and, if Mike Best was in the house, you can bet that Merritt shook hands with him, too. The case now goes to the four members of the board. William Seligson said that if -the decision was against his client, he would go to the Appellate Division of the Supreme Court and ask for another hearing. We have no right, at this time, to make any predictions or guesses as to how the board will rule. We are convinced that the four men who sat in judgment will give a fair verdict on the evidence presented. Swope was for arriving at a quick verdict and we doubt if there will be much delay. This case will do a lot more good than it will harm. Racing can stand on the fact that if this case is a criterion, the sport is honest. Three stewards did what they should have done, they made only one mistake and that was— trying to be good fellows. They sent Merritt to another track without suspending him. We doubt that it will happen again for a long, long time. In fact, we doubt if it will ever happen again.
