SPORTING.

Taranaki Daily News, Volume LIV, Issue 88, 4 October 1911, Page 7

SPORTING.

| BARLOW'S DrWJUALI FIC'ATION. JUDGMENT OF METROPOLITAN COMMITTEE. The Metropolitan Committee met on Monday night to consider the appeal of R. Barlow against his disqualification I'.v the Egmont Racing Club. There were present: Messrs. C. M. Lepper (chairman), lion. O. Samuel, Colonel; Ellis, N. King, E. F. Blundell, L. AJ Nolan, A. R. Standisli, F. Orbell, E.| Elliot, W. C. Weston, 0. W. Sole, A. M. Thomson, and A. Alexander. After taking full evidence, the following judgment was adopted:—

On the 17th May, at the Egmont race; meeting, five stewards fitting as a judicial committee (by 3 votes to 2) decided to disqualify Barlow for twelve months '•for pulling Master Sylvia in the Railway Handicap." Barlow appealed to the Metropolitan Committee, who af-; forded to all concerned full opportunity to lie heard and to adduce evidence. It was apparent that the disqualification 'by the judicial committee could not be sustained, because that body had given Barlow no opportunity of defending himself. The Metropolitan Committee could on that ground alone have refused to approve of the decision, or it could hava referred back the matter to the judicial committee, but, having itself made a thorough investigation, it resolved to deal with the whole matter on its merits, as a charge against Barlow of a corrupt or fraudulent practice on the turf, duly investigated by a Metropolitan Committee under Part XXXIII. (specially dealing with corrupt practices and disqualifications), in order that the mistake made by the judicial committee should not either enable Barlow to evade punishment if guilty, or occasion him further hardship and loss if innocent. The Metropolitan Committee Barlow, but the Egmont Racing Club appealed. relying on Rule 7, Part XXXI., dealing with 'objections made during a race meeting,,: "The firadingl of tlhfj stewards as to any question of tact shall be conclusive; provided that 'a question of fact' shall Ik: construed literallv, e.g., short weight, a cross or an obvious pull, would be questions of .fact, whilst, on the other hand, intentionally inconsistent running, not marked by obvious pulling, would l>e a matter of opinion, and any objection or charge or, such a ground would require confirmation and corroboration from surrounding circumstance; such aB the pecuniary considerations involved, the character of the parties, the characteristics of the horse, and any other special elements in the case."

The judges of the conference referred back the matter to the judicial committee of the Egrnont Racing Club, in order that it might rehear the case, on the lines indicated in Julian's case, in which a judicial committee had made a similar mistake, but in which there had not been any thorough and independent investigation by a Metropolitan Committee. Although representatives of the Metropolitan Committee and 'the Egmont Racing Club, and Barlow himself, were in attendance, the judges did not permit them to be present until called in for the purpose of being made -acquainted with the decision already , arrived at, and, their judgment 'bging silent in this respect, the Metropolitan Committee lias not the advantage of knowing what considerations , were .in... the, minds of the judges when they exercised a discretionary power which (although not expressly conferred on them by the rules) they no <V>ubt possessed, and, without expressing any opinion on the merits, ordered a trial by the same persons who hud previously comlemnqd Barlow unheard, notwithstanding, that the lle.trojsolitaii Committee had meanwhile, thoroughly investigated the, charge •assun,st Barlow and (011 "rounds fylly stated, in its judgment.,of 6c-, quitted,him. " _, ,

. On •.Aupni't 21 the «ime ftvp.-, gentlemen who had sat on May 17 again '(net .at Hawera. Barlow present .and asked to be permitted to have, th.e assistance of a solicitor, but this privilege was refused liim. The chairman read the following charge: ''Robert Barlow, you are charged with having pulled your .horse; Master Sylvia, .in , the Railway Handicap on May 17, 1911, about one furlong from the winning post. Have you anything to say in mitigation of sentence being passed on you';" This is in effect very similar to what is read to a prisoner when a jury has returned a verdict of "guilty," and when the judge is about to deliver sentence. Barlow says he thought, and be may well hive thought, and probably did think, that his judges had made up their minds that he was guilty, and expressly limited him to an opportunity of adducing matter "in mitigation of sentence/' i.e., only for the purpose of reducing the severity of the punishment about to be inflicted. Barlow m:ule a short statement and answered questions, and so did four of the members of the judicial committee, and Mr. Coodwin, called by Barlow; after which, without anything else in the nature of an expression of opinion on the question of "guilty or not guilty," the following sentence was pronounced: ■'That R. Barlow be disqualified for twelve months for wilfully pulling Master Sylvia in the Railway Handicap at Egmont meeting, disqualification to date from May 17. Bill." This decision has now come before the Metropolitan Committee for approval, together with an appeal by Barlow against it. Tin l Metro|K)litan Committee previously doubted whether a judicial coinmitt.ee nf stewards, fleeted by stewards on February 4, prior to a nice meeting held on the lltli. could, in the, absence of anything to that effect in the resolution evidencing the election, be presumed to be elected to act also at a subsequent nice meeting held in M iv. The judges of the conference ha-vc decided this in the affirmative. bill another question lias since arisen. The ICgmont Racing ( lull lias no rules regulating such matters, but it would appear that, as with ol her club-, its elective officers, including stewards, go out of office each year. . so (lull the persons who were stewards at th<' end of last racing year (July 31) are no longer stewards (unless, of course, meanwhile re-elected). There lias been no election of n judicial committee since February 4. and. in the absence of pro-vi-ion that the persons const it lit ing the judicial committee of stewards shall continue in office until their successors are elected, it may well be that the live gentlemen who sat on August 21 were not then a judicial committee qualified tf> hold an inquiry as such. The option i 5 given to stewards to elect a judicial committee to act in their stead rather so a 5 to deal promptly with those ''objections or protests" arising at a race f nicct'iivi. the immediate decision of which j s essential for the purpose of the race meeting Use!!, and lo such an extent, as is essential for such purposes, than to deliberately investigate and deckle in the case of all complaints and charges of misconduct: and as the club has a committee elected annually ( ajviirt altogether from its st"Ward>) which is ex-l're-.-!v empowered by the Rules of Racing to deal with siifh eases, can it be 1 assumed tint the persons elected by ' the stewards lo discharge some of their duties n.t race meetings continue in of- | lice inde.tinitelv? However, the Metropolitan Commit-

Itee has decided not to Ime its decision oni technical grounds or to decide whether the judicial committee was properly constituted on August 21, or whether, i,f so, its proceedings were again a nullity, 'by reasons of its not having observed those rules which arc indispensable in the case of all persons entrusted with judicial I'unctioms, as expressly pointed out in the judgment in the Julian case. Assuming that the judicial committee elected by the stewards on February 4 is still in office, i the Metropolitan Committee is convinced that to refer back the matter to the five gentlemen who sat on May 17 and August '2l would be very undesirable (if not mischievous), and would occasion still further hardship to Barlow, who has already been debarred from earning his living as a jockey for two aeparate periods of fourteen days each, and 'been put to the expense of past abortive proceedings at Ilawera, New Plymouth, and Wellington, and must have suffered considerably in other respects owing to this charge having been so long hanging over him.

The Metropolitan Committee again treats this as a case in which a charge has been preferred against Harlow of having teen guilty of "a. corrupt or fraudulent practice on the turf" (Rule In., Part XXXIII.), in having pulled Master Sylvia in the Railway Handicap. A horse may be disqualified withoit any corrupt or fraudulent intent on the part of anyone being necessarily suggested (e.g., for a cross, short-weight, or a jostle); and a jockey may be debarred from riding or lined for incompetence or misconduct .not involving corruption or fraud. There is nothing in the rules making "pulling,"' or "wilfully pulling," or "obvious pulling," in so many words an offence punishable by disqualification, but '"pulling" (at anyrate unless qualified by the—in this connection—ambiguous prefix "obvious") necessarily involves a corrupt or fraudulent act, and is in this sense, and in this sense only, "a corrupt or fraudulent practice on the turf," punishable by the disqualification of the guilty person, debarring him from earning his living as a trainer, jockey, or groom, lianishing him from eyery race course, and branding him as a rogue.

After full inquiry, at which the Egmont: Racing Club and Barlow have had full opportunity of being heard and adducing evidence, and with much additional evidence now brought before it, | as well as the material before it in June, and that before the judicial committee ' in, May and August, and that before the .judges of the Conference in July, the Metropolitan Committee again deals with the matter on its merits. It decides that it is proved that Barlow lias not been guilty of any corrupt or fraudulent. practice in relation to the riding of Master Sylvia in the Railway Handicap at the Egmont race meeting on May 17, 1011. If it be necessary in the peculiar, .circumstances of the case to piake any such formal order it is ordered ■ that ;the appeal of Barlow be allowed, and. the decision of the judicial committee removed.

The deposit lodged by Barlow will be refunded.

• , . TURF TOPICS. (By "Moturoa.") ; 'Ae lHaWke's Bay spring meeting place'at Hastings to-day, the principal' events carded being the Hawke's i ßay. tllimeas (one mile), the Hastings .Stakes (four furlongs), and the Spring Handicap (one mile and a quarter). For .a one-day meeting the acceptances are very fair, and the class of horse engaged is, the very best, including as it does Bolirikoir, Goldiimler. Miscount. Koval Scotch, Esperanto and other well-per- ' ftirmcd; ones. In' the absence of Counterfeit the IJawke's Ray Guineas—if W-.inganui form is ally guide—.should be merely a battle between Miscount and Koval Scotch. Thb lyuamu colt beat his brown rival pointless in the Waitganui Guineas, but tlio ! irfi'prqraj form shown by Royal Scotch oil 1 Friday leads one to imagine that lior»e was short of a gallop when defeated, and should be all the better for last week's racing. Still he would have to improve a lot, particularly as regards staving, if his number is to top that of Miscount in to-day's Guineas. .

Very little is known of the youngsters engaged in the Hustings Stakes, as 'most of them will be making their first appearance under silk this afternoon. Ermingarde, by Charlemagne ll.—Watershoot, is an inmate of the Highden stable, arid was brought up to the Wanganui meeting last week to gain experience in travelling. This horse is regarded as a promising sort. Prince Soult is probably the most experienced one of the crowd, and ran well at Avondale. IJe will probably start favorite to-day.

The Xew Zealand Cup favorite, ("loldfinder, will command a good following in the Spring Handicap, and if at his best, which is doubtful at this stage of a Cup preparation, would hold the opposition cheap. Vi can scamper over ten furlongs fairly smartly, and Ariom is all improving horse this season. Monologue's running at Wanganui did not suggest him as a dangerous candidate, and the chestnut has yet to win bis spurs in hack company before scoring with the open performers. Taranaki horses engaged in the Auckland Cup ore Ladv Menschikoff, "Mendip, Eleetrakolf and Uhlando.

Espartcro will be required to put up a penalty at Hastings, but if the going is good that would not trouble him greatly.

Shuja ran prominently all the way in the Iliggic handicap on Friday, ami was fourth home. Ho should not be long in scoring, as Trainer D. Johnson lias him coining 011 in great style now.

Altear's brilliant showing .-it Jtarton last month will be sufficient inducement to find the bearer of the "cerise jacket" a big army of followers in whatever races he is slipped at the llawke's liav and Xapier meetings. A big bundle of spoil was lost 011 -Mcndip at Wangaimi. Kawera sport's reckoned the Iliggie llamlieiip was "all over," but not even the vigorous rid ins; of K. Hatch could get the imy son of St. Paul near the leaders at am part of the race.

Ambergris ran a decent race mi (lie second day, but does not stay wcil enough to hold 011 to Captain liell at the linish of a twelve furlong race at present. .Murt Oardiner has a good jumper in the Dayslar gelding, and the horse should pay his way in less .select company.

Queerly named prads engaged in the Maiden at Hastings are The X'uj, and Right Oh. Ksiueh is easily the most seasoned one of the field, and has been backed lately. Kipiitas was not started at the Wanganui meeting. Why? Vega was good enough to beat a good filly in tlip shape of Labor Day at Marton, and must be accounted nicely treated by the llawke's l!ay handicappcr. Labor Day's subsequent victories stamp Vega as a very useful sort. Private advices received in (own Mate that the Tavanaki jockey. 11. Cray, is at: present In id up in Sydney with rheumatic fever. This is bad luck, with the . A.J.C. meeting in full blast at present, and sportsmen will wish the crack Xew Zealaudcr a speedy recovery.