The Express.
London, England, 1851-12-03 00:00:00

_
a 1818. Whilst I hart her she was in
;at °meat' theleio7l;7ut one day when I sea driving her she
went a little lame, and master • ait her to Mr. Field's.
From the time I had her until t'aien she was sound and at
daily work. I had se en Mr. Kennedy at that time with the
captain. I travelled 'that at different races with them. I
fetched the mare from Mr. Field's in the spring of 1848 •
she was then perfectly mood, and was driven in the
brougham again. She remained at work all that year until
she went to Mr. Day's. I drove Mr. Kennedy with her
from the Judge's Chambers when he was removed to the
Queen's Bench Prison. he was often at my master's in
1848. lle made it his hiding-place during the time the
officers were after him. I have heard him say that the mare
was a very extraordinary mare, and that sbe belonged to
him and the captain.
This being the defendant's case,
Mr. James addressed the jury in reply, and contended
that no answer had been made to the case for the prosecu-
tion. It was clear that Captain Alleyne, having given 3001.
for the mare, knew that there was some inherent defect in
her, and never, from the time of the wager with the prose.
cutor, did he atti mpt to trot her on any other matey. Sir
Y. Thesiger's case was that the mare was an extrriordinary
mare. Why, that was the case of the prosecutor;
but also that the fact was concealed from the
prosecutor, who was told that she was an English
and not a celebrated American mare. Captain Holder
Alleyne, from a sordid desire of gain, Sad corrupted both
of his brothers, and caused the pitiable exhibition which
his younger brother had made in the witness box. The ex-
premien of the prosecutor that he pitied M`Geachy Alleyne
because he believed be had been corrupted by his brother
did him honour. Ile had no doubt been guilty of a course
of reckless extravagance, which he now deeply regretted,
and hoped by his future conduct to atone for. But had he
been honestly dealt with? Was the wager a fair one?
Was it not like an old gambler playing with a young man
with loaded dice ? Aral did not Captain Holder Alleyne
try to entrap him into the net by vaunting that Pigeon
was an Engliali mare, and could do the pace he spoke at?
Mr. Kennedy did nut believe it possible that an English
hone could trot at such a pace, and therefore was induced
to make the bet. The very haracter of the bet showed
how the prosecutor had been lured on, on the represents-
tion that it was an English horse bought of an English I,
dealer, whilst she was an American horse, to the knowledge
of the Rev. J. Alleyne, who lent himself to the purposes of I
his elder brother, and had come forward to day to his rescue.
In the name of Justice let there be fair dealing even be-
tween people who do embark in such lamentable practices,
and nut a resort to trick and stratagem to gain money un-
fairly and dishonestly. The defendant, Capt. Holder
Alleyne, wrote to the prosecutor that the mare was fit "to ,
trot tor a man's lide"—to use their sporting phraseology.
Was that true or not? Dryer had sworn that the mare wee,
ill, and that he attended her from the 24th Nov. up to the
10th Dec. On the sth and the Bth he attended her, and be
had an entry again en the 4th Jan. ; and he attended no
other horse fur .he defendant. Between the sth and Mk
of December, when Dryer was applying embrocations Min
mare's foot, M'Oeachy Alleyne was doing his brother%
work at hull, urging this young man to part with kle
7,3001., bee/sine the mare was sure to win, Why, Beyer,
the veterinary burgeon, swore that be trotted her out before
Holder Alleyne, that she was lame, and he told him that
she could nut do the match. And as to the evidence of
Coyle, was it nut manitesdy true, was it not tors
robnrated in its most important points ? Why, the
defendant's grooms, Beek, had told the same story,'
namely, that alter riding the mare to Tewkesbury
and back at the pace at which these pour animals are put
fur the purposes of gain, she came back lame. Su Coyle
said the defendant had told him. Was the mare lame and
unlit to trot the match, and did Capt. Alleyne know it ?
That was the question. They were not to ride off upon
the opinion of veterinary surgeons that she had or had not
the navicular disease. What did tiuttridge treat her for
on the 17th January, 1817, but for lameness, and did Is
matter whethes it was navieular or any other disease? It
might bo true that sbe was on her way to Swindon, he kir
hope, perhaps, that it might facilitate a compromise; es,
fur his sordid purposes, seeing the nature of the bet, the
defendant, Holder Alleyne, might have urged and goaded
the pour animal to the pace he required, notwithatandini
her lameness and suffering, to win for him what would have
been a fortune. Then, again, was not the evidence of Cw*
corroborated by the letters to him from Capt. Holder AL
leyne,which plainly showed the character of the defendant ?
" I don't fancy anythirg can be got from K. He has lost
1,600 t. I neser saw him so down in the mouth. lam
afraid he will be disgusted; but if I can nail any one else
will." What could they think of the man alio could
write such a letter ? Could they doubt that he would be
guilty of the charge in the iudietment ? Who could have
observed the cool, candid, and seltpussemed manner of Mr.
Kennedy in the witness box,under • most unparalleled creme-
examination, by one of the most skilful advocates at the
Euglieh bar, without being satisfied that ho was the witness
of truth? Ile had been attacked about his gambling—who
was with him at the first gambling house, and in the last
scene of this saddening{ history at the pawnbrokers? Was
there a point in Mr. Kennedy's evidence—was there a word
spun which they could place their finger as untrue, now
that the case had closed Captain Alleyne was the wh-
itest friend, Sir F. Thesiger said, of the prosecutor, and
Oka akae was to account for the manner in which he bad
keened upon him, and the stedfast way in which be had
mimed to him whilst his money lasted. Oh, said his
Leased friend, Captain Alleyne was always with him; he
was his sincere friend. Yes, forsooth, rendering the sort of
service to him which Lanier did to Cain. (Laughter.)
Why, could they forget the second letter from Holder
Alleyne to Coyle?—" Mr. Kennedy is a vagabond of hell.
I don't care for anything he can do. I have never dune
him any wrung, except winning his money, and I wish to
God it was all he had." His sincere friend! the friend
who drove him in his Brougham ,from Herbert gaol to the
Queen's Prison! (Laughter.) And then, as to the apo-
logy written by the prosecutor, which had been put into
his hand on cross-examination, and of which he was not
permitted to give any explanation, it was dated at the
very time when Holder Alleyne was threatening the pro-
secutor with taking him into custody on a warrant of at-
torney and there could be no doubt that it was extorted
from him. He trusted that, for the purposes of justice,
the jory would, calmly ands deliberately, come to the con
elusion that the defendants were guilty of the offences im-
puted to them by the indictment.
Lord Campbell summed up. If the jury believed the
defendants had enteral into a conspiracy to defraud the
prosecutor of 7,3001., they must believe that they hail ob-
tained the money by false pretences; and there was, con-
sequently, but little difference between the counts in the
indictment charging them with a conspiracy, and with ob-
taining money under false pretences. They must direct
their attention principally to the period when the mare
was disabled, and their verdict must mainly depend ea
the credit they gave to the witnesses on either aide. His
lordship then carefully went through the evidence, COW
meeting upon it as he proceeded.
At the conclusion of his lordship's address,
Sir F. Tbesiaer tendered a bill of exceptions to a portion
et the evidence.
Maim then retired, and, after an absence of a water ,
of aa hour, returned into court with a verdict dr guilty
Kaiak all the defendants, upon all the counts in the in-
abetment.
Mr. James said he was instructed to apply for the judg-
ment of the court, and that the prosecutor wished M Noma-
mead Alexander M'Ocachy Alleyne to the leekeney et the
mart.
Lord Campbell said he felt honed at ass e r akinge
the duty which devolved apes Ws. Sk 1. Theism bed
tendered a bill of exceptions, was the peed *et me ell•
davit made by one of the &hear* it assapenies the
trial, and two letters written by me of the umssenes it.
speedag the proakutor, hod been Wrap* sifted. Is
eras dm Ant time be bad board eta bill of ekeyekme being
tosikeed la • seliminel are, and It would not intedl•ll lila
the performance of his duty In prensuachog the_matesee of
the kart. The jury had found all the defendesto guilty
Ikea the eviller*, a verdict in sib* he nem en-
tirely einearred. They bad been found ciltissest eibmileg
the sem etas'. kom the pmessemer
mei they lad ales bora bona NOV et am=
am Oa the dist count is Ike delbadnate
wen lista, to be the NM hie the eame et I
sews years; alsatilis= whedirm be amid
net be &Makin foam hi duty it be did met par
that samteaso ape dirml. • MON issonsisil IMO d fraud
ha bid sew Isomde gni the bet et the dellimameemovise
he a asipmemokilm alb. ryrkkk they IMO* here been
empsehmil to have melt me men at bower, way espnomeil
*e mime et which they bad less 'nitwit:lets de-
fied& Mem of depsvity, , and
War bad diadimei; and be mast repent tkat was
batty ireetiled in at pemeniss the met /11.11811111••
ism mid* tho law gee lid cipher' ;he Medi ■
dieheer hie deigtheepemei it be et a* yeeneemeebee se*
e lenteere as me* Ili sem et Ile ellisester et the
delbediate, eel Ile manse while *eyleleemmMei.
One et the deliehmeta had been memmeedied le
mew, by the leeneeeter • and ha bed limed with
filimeme le that reveionilatiem k wee kik
ten how Akarkka Maps
WalkNIS diespi *e depth. off *-
*my; end ere meet also la; may se see that a eler-
=:lf the diem* of the Rev. Joseph Lowe
*eel& have lest te sash infamous trans-
askew The seatekse of the kik was, that James Holder
Aliegee De_ layMmated in the lima of Correction for the
=ef likkessea di
two yore; that Daroey be impel-
* the mina pleee tor sae ye v; and Alexander
ireudei Mops be also impriessai in the same place for
ilkedmislar =mdse.
The andante, who are oat on bail, will be kept to hard
laser.

COURT OF COMMON PLEAS.—YuTEADAT.
enrrnses sr Nua Paws or leccesuica.—Barosa Quay Jumcs
Jun, AND • li/ICIAL
SEDUCTION.
8031111. o. AsrunrALL.

This was an emirs agrees the widow sad executrix of
the late lit. Aspinwall, upholsterer, et 70, Lower
Gromenoroneet, and it WIN founded span a document
which purported to be Wised by him, and by which he
bound ►imself to allow 601. a year far the support of the
plaistiff's three illegitimate ehildros, of which he was the
father. These children were been an the 22nd of January,
1839, the 10th et February, 1842, sad the 29th of Yank,
1849, and were maned Frederick, Molter, and Reuben,
The caly plea upon the record was see denying that the
drew& rend the document ia geodes.
Mr. flerjelat Byre, Kr. lush, and Mr. Ball appeared for
the plaintiff ; sad Mr. &OW Milldam sad Ks. Brown
Iran kr the Mahal.