The Sun.
London, England, 1839-08-24 00:00:00

EVENING EDITION.

THE BLOOMSBURY CASE.

NORTHERN CIRCUIT, LIVERPOOL,
AUG. 22.
RIDSDALE V. THE EARL OF LICHFIELD.
Mr. MARTIN opened the pleadings, which set forth
th t this action had been brought under an order of
Mr. Baron Parke. The declaration stated that a cer-
tain colt, afterwards called Bloomsbury, was entered for
the stakes at Ascot races ; that he was improperly
describe, and therefore disqualified. The defendant
denied that there had been an improper description of
the colt, and thereupon issue was joined.
Mr. Creswell, Mr. Knowles, and Mr. Martin con-
ducted the plaintiff's ease ; Mr. Sergeant Wilde, who
had a special retainer, Mr. Alexander, Mr. Hoggins,
and Mr. Wortley appeared for the Earl of Lichfield.
Mr. CRESWELL stated the case to the jury. He
said whatever he might think of the propriety of trying
such a case before a jury, he was sure the plaintiff would
not be prejudiced. In the year 1839, at Ascot races,
certain horses; tarted for two different races. The
practice was to enter the horses as yearlings, and the
groom gave the description. The horse named Blooms-
bury won this race. There was no doubt the race
was in every respect fair, and it was said before and
after the race that Blonmsbury was not properly de-
scribed when he was stated to be a colt by Mulatto,
out of Scroggins's dam. Lord Lichfield was the
owner of the second horse. A dispute arose after the
match, and it was at first determined to refer the
matter to the Jockey Club ; but Lord Lichfield after-
wards wrote a letter to that club, in which he said—
" I beg to offer this to you as a formal renunciation of
any authority supposed to be derived from any acqui-
escence in your proceedings, and I hereby revoke and
declare null and void any such act of mine ; and I
give you notice that, in consequence of the difficulties
to which I have in this statement referred, I shall not
offer before you any evidence whatsoever, and
that I protest against your making any decision."
The question they had to try was, whether Bloomsbury
was properly described as a colt, by Mulatto out of
Scroggins's dam. The horse Scroggins was second for
the Leger in 1826. His dam was Arcot Lass. She
brake down in her first. race, and was afterwards used
as a brood mare. She then became the property of Mr.
Cattle, and her colt, Giles, won the Derby in 18:32.
Mr. Cattle afterwards sent this mare to Mr. Ridsdale
to be covered, year by year, and Mr. Ridsdale, who
was forme* a training groom, was to take the produce.
Mr,.. Ridsctile had been extremely fortunate in his bet-
ting, and- became the proprietor of Merton-place.
In 1834 he was the owner of a horse, called Tramp,
and it eves alleged that Tramp intrigued with Arcot
Lass, and Xulatto was not the proper sire of her
foal. That many mares were afterwards put to Tramp,
but his powers failed him, and the groom thought
that Arcot Lass would not prove by foal by him. Ar-
cot Lass was then taken to Velocipede, but no issue
arose. Mr. Ridsdale afterwards found that eleven of
his mares, which had been put to Tramp, proved not to
be with foal, and he determined to sell the mare Arcot
Lass. She was, however, sent to be covered by Mulatto.
It appeared that Mulatto covered her on the 2d of
February, and again on the 28th of March, 1835 ; and
an entry was made in a book, kept for the purpose by
a son of the training groom of Mr. Ridsdale. It would
be proved that Tramp was not put to any of Mr. Rids-
dale's mares in that year, and that he had left Mr.
Ridsdale's before Arcot Lass was brought there. There
would be the clearest evidence on that subject, as Mr.
Robert Ridsdale, the brother of the plaintiff, in the
spring of 1835, before he went to Newmarket, had ap-
plied to a Mr. Harewood, a respectable druggist at
York, for the loan of some money. Mr. Hare-
wood consented, and afterwards went to Merton
to see Mr. Ridsdale's racing stud. He had
been there before, and was acquainted with the horse
Tramp. Mr. Harewood went all over the premises, and
not seeing Tramp in his box, asked where he iaad gone. It
was clear from that circumstance that Tramp had then
left. The date was fixed beyond a doubt, as Mr. Hare-
wood lent tfieramoney a week afterwards, and then took
a -retemorAOum of the date of the loan. The evidence
of Mr. Harewood was confirmed by other witnesses,
who missed Tramp from his box, and saw three fillies
there in his stead. In 1836 Mr. Ridsdale met with a
reverse of fortune. His horse that was entered to run
cang,ll3,cold, and he lost a considerable sum, and, in
consequence of the loss, became a bankrupt. The
assignees did not like to take Arcot Lass, and Mr.
cattle afterwards sold her to Lord Chesterfield, who
had the colt Bloomsbury with her. The plaintiff was
at that time training groom in the service of Lord
Chesterfield, and in the year 1837 he took Bloomsbury
into his own care, determined to train him and enter
him for the Ascot Stakes. He was afterwards entered
and proved the winner of the race. He (Mr. Cres-
well) should now proceeed to prove the case, and he
had no doubt should offer such evidence as must inevi-
tably lead to the conclusion
,that the plaintiff was enti-
I tled to the verdict.
Witnesses were then called :
Thomas Taylor examined-1 live at Westby Park,
in the employment of Lord Chesterfield as stud groom.
i formerly lived with Mr. Robert Ridsdale in that ca-
pacity. Tramp failed about the end of May, 1834.
Mr. Ridsdale, therefore, in the year following got a
stallion caked Mulatto. He came in December, 1834.
He served no mares after that year. I knew Arcot
Lass. She was the property of Cattle. He put her
to Merton to be served. She was not charged for in
consequence of some arrangement. She was the dam
of Scroggins. In 1834 she came to be served by
Tramp, 144 he failing, she was served by Velocipede.
She had no foal. Mr. Cattle desired, after that, to
send her Ilra Liverpool. I said something to him, and
ives arranglll with me to send her to Merton, to be
covered by Mulatto. A mare called Charity was at
'Merton. She had a foal in 1834. She foaled too
late by 24 hours. I left Merton on the 24th Febru-
ary, 1835, for Newmarket. I cannot say whether
Arcot Lass had then come to Merton. Bloomsbury
was a colt by Mulatto, out of Scroggins's dam.
James Coulthurst—Tramp broke down in 1834, and
and Mr. R.'s mares were put to other stallions. Mr.
Ridsdale procured Mulatto, in 1835. I cannot recol-
lect when Tramp left Mr. Ridsdale. He (Tramp) did
not cover one of Mr. Ridsdale's mares in 1835. 1 re-
collect Taylor going to Newmarket in 1835. Arcot
Lass came to Merton a few days after he left. She was
put to Mulatto. Taylor gave this book to me when he
went to Newmarket. Taylor told me Arcot Lass was
to be put to Mulatto. She was covered by Mulatto on
t'be 28th of February and 2d of March. I was present.
No mare belonging to Mr. Ridsdale was served by any
horse but Mulatto in the year 1835. Arcot Lass re-
turned to Mr. Cattle's in May. She came back on the
fallowing year before she had foaled, and foaled at Mr.
Ridsdale's on the 12th of February. I cannot say
when Mr. Ridsdale left Merton. I gave this book to
Taylor when I left Merton. Tramp was kept, until he
went away, in a box near the saddle-room. He was
not kept in any other place in 1835. He was a savage
worse. In 1833 he was kept in a barn at the back of
Taylor's house.
Cross-examined—l gave Taylor the book on the 4th
of August, 1836. Taylor's house was on Mr. Rids-
dale's premises. The brood mares were kept on the
ether side of the way. The barren mares were in a
field.
hseph Scott—Arcot Lass came to Merton to be
covered. She was covered in 1834 b. Tramp. He
was tried more than once. She was afterwards sent to
another horse because Tra:np failed. She afterwards
came again in February, I think, 1835. She was bar-
ren. I recollect Mr. Ridsdale going to Newmarket in
the spring of that year. In 1835 Mr. Ridsdale had
Mulatto to serve the ma-es. Tramp did
none cover once
in that year. I attended the mares, and had done
so must have known it. I am sure when Tramp went
away from -Merton. I remember Arcot Lass being
I covered by Mn'atto in the spring of 1835. Arcot
Lass was covered twice. Two days intervened be-
tween each time. No horse covered her but Mulatto.
She went away. I remember her coming back to foal.
She foaled in February, 1836. I kept the book now
• shown to me. Thompson used to write in it for me by
my direction.
Cross-examined--a-Thompson was not employed by
Mr. Ridsdale. He was an acquaintance of my own. I
will not swear that Arcot Lass did not come in January.
I have not repeatedly said so, nor do I believe so. On
my oath I say now 1 never stated she came in January.
I have always entertained the belief she came in Fe-
bruary. Arcot Lass was put to Velocipede in 1834,
having missed to Tramp. Sbe missed with Velocipede
• also. I cannot recolleLass
when Arcot foaled in
1834. Tblatt is my
signature. I made that declara-
tion beforg a Master of Chancery
Mr. 2tifseant WILDE reap.
by which it appeared that the witness art
of the declaration,
tn had said that Ar-
cott Lass had come to Merton i
wit-
ness, on being asked .to account for atnhueardyi.screTphaencyin
hie,evidence, said that the word January had been put
down by mistake for February. The paper before he
signed it was read over to him.
The affidavit was then put in and read by the clerk
of the court.
Cross-examination continued—This memorandum
marked on the book shown, is the one I referred to in
'
my declaration. I will not pledge my oath that Tramp
went away either in January or February, 183 s. li
caanot say when he went away, perfectly. I canna
say whether it was in Marcn
h. I will not swear any-
thing about it. A young ma named George Taylor
fetched the horse as‘ ay. I and Coulthurst delivered
him from a box, /war the saddle house.
the statement was read over
Re-examined--When
to me I did not notice the word January. It was done
in a hurry. I remember Mr. Harewood, a druggist, at
York, doming to see the stud before it went to New-
market.
By the COURT —I ini3 made a statement to Mr.
Richardson before the declaratioa was drawn up. Mr.
Richardson asked me what I thought about it.
John Thomson—l am a cattle-dealer, at Merton. I
:Hied:Acre in 1836. George Scott occupied in that
'yea a house - about forty yards off my house. I fre-
quentlyAnssed the evening with him, and at his request
made entries in a book for him. This is the book ; all
i
the entries are n my hand-writing. I made the entry

WS 1

now shown me in the beginning of 1836, at the request
of George Scott.
Cross-examined.—An entry was made in the book
when the mare was covered, and remained there sntil
she foaled. Scott used to keep the book.
George Taylor—l am in the employ of Mr. ohn
Scott. I was in Mr. Ridsdale's service in 183.). I
went with my father to Newmarket in the beginn g of
that year. My father gave me this book to keep. I
wrote the entries of the mares covered by Mulatto.
When I went to Newmarket the book was given to
Coulthurst.
Mr. W. Cattle—l am a farmer near York. I was the
owner of Arcot Lass. I sent her in 1834 to be covered
by Tramp. I cannot say when she foaled. I received
some information which induced me to take her from
Mr. Ridsdale's somewhere in the month of May. I
then sent her to Velocipede. She proved barren both
to Tramp and Velocipede. Next year I sent her to
Merton, in consequence of some conversation with
Thomas Taylor, and that she should be covered by
Mulatto. I cannot speak positively to the time, but to
the best of my belief it was the end of February. I
received her back in 1835. I sent her back to Merton
to foal in the following spring, and afterwards sold her
to Lord Chesterfield.
Cross-examined—Peter Pickering took Arcot Lass
to Merton in 1834. When Arcot Lass went to Velo-
cipede she stopped one night at my house. Pickering
also took her to Velocipede. I and Mr. Ridsdale
agreed that he was to have the produce of Arcot Lass.
On the bankruptcy of Mr. Ridsdale the mare and foal
came back to me. Mr. Ridsdale negotiated with Lord
Chesterfield for the sale. 1 never asked 600 guineas
for the two mares and the two foals. I never told Mr.
Ridsdale I was willing to sell them for that sum. I
agreed to sell the two mares for 6001. The foals came
back to me and stopped until December. I never got
more than 6001. for the two mares and the two foals.
Mr. CRESWELL objected to Mr. Sergeant Wilde go-
ing into evidence in this inquiry relative to the owner-
ship, as being collateral issue.
Mr. Sergeant WILDE had no intention to offer col-
lateral evidence. For all the purposes of this cause,
Mr. William Ridsdale was to be considered as the
owner of Bloomsbury.
Cross-examination continued—At the time I sold
the two mares for 6001. to Mr. Ridsdale I said to him,
" You have been a very good friend to me, and may
take the foals with the mares." The other mare was
on the same footing as Arcot Lass ; she had never had
a foal before. The Mr. Ridsdale I have spoken of is
not the plaintiff ; the plaintiff, Mr. Ridsdale, is his
brother. Pickering died last year.
E. Kaye—l lived at Merton in 1834, and was some-
times employed by Mr. Robert Ridsdale. I occasion-
ally, in 1834, saw Tramp cover. I have also seen him
fail. I saw him go from Merton in the latter end of
January, or the beginning of February, 1835. I know
Arcot Lass. I cannot say when she came to Merton.
John Harewood—l am a druggist at York. I have
been acquainted with Mr. R. Ridsdale for 25 years.
In 1835 he applied to me for a loan of money. In
consequence of that I went over to Merton. I had
been there frequently before, and knew Tramp. I
went over the stud. I did not see Tramp in his box,
and I asked Mr. Ridsdale what had become of him.
It was on Monday, the 9th of February. I know the
date, because on the Monday following I lent him
1001. and took a memorandum from him. (The me-
morandum was produced.)
Cross-examined—l have received two dividends on
the debt of 9s. in the pound. I proved the memo-
randum before the Commissioners of Bankrupts. I
cannot say why it is not marked in the usual way.
Re-examined—There is no stamp on it.
By the COURT—I went over the whole of Mr.
Ridsdale's premises on the 9th of February. There
were a few fillies in the barn.
George Swan—lii 1835 I had a stallion called Starch,
which I took over to Merton on the 23d of February. He
covered the Young Petuaria on that day. I knew
Tramp. I did not see him. I knew where they had
kept Tramp the year before. There was a box made for
him. On the 23d of February three fillies were in that
box. I went over the whole premises. I asked where
Tramp was. I also went to Merton on the 25th and 27th
of February. My son made an entry of my going over
with Starch.
Cross-examined—l cannot say how many fillies were in
Tramp's box.
George Swan, the younger—l am the son of the last
witness, I made the entry in the book of Starch going
over to Merton on the 23d, 25th, and 27th of February.
I made the entry each day when my father returned.
William Je ff—l am the groom of the stallion Voltaire.
He c: vered at York in 1835. I met Taylor at York. I
arranged to go over and see Mr. Ridsdale's stock before I
went to Newmarket. I was there the year before and
knew where Tramp was kept. I asked after him, not see-
ing him in his box. Three fillies were in his box. I did
not see Tramp on the premises.
George Smallwood— I knew Mr. Ridsdale's stud-
groom, Taylor. I received some money from him at
York, in February, 1835. 1 think it was the 14th of
February. 1 went over witheieff to Merton on the follow-
ing week. I saw the whole stud. I knew Tramp. I
did not see him then, and I saw every place. Three
fillies stood in his box.
Arthur Stevens, Esq.—l am Private Secretary to Lord
Lichfield. This letter is in his Lordship's handwriting.
—(The letter, which was the one referred to by the
Learned Counsel in his opening speech, was then put in
and read.)
Thomas Taylor was then recalled by Mr. Sergeant
WILDE, and he stated that the letter shown hint was in his
handwriting.
The letter was put in and read. It was addressed to Mr.
Robert Ridsdale, and had reference to the witness being un-
able to find his book, and stating that Arcot Lass was co-
vered on the 2d of February, 1835, by Mulatto, and that
Tramp covered no mare in 1835 belonging to Mr. Ridsdale.
Cross-examined--I am certain that Arcot Lass was not
covered on the 2d February.
The witnesses Coulthurst, Scott, George Taylor, jun.,
were all recalled, and stated positively that Arcot Lass was
not covered on the 2d February.
This closed the plaintiff's case.
Mr. Segeant WILDE then addressed the Jury for the
defendant. He said the question was not whether Blooms.
bury was the offspring of Tramp or Mulatto, but whether
Arcot Lass bad been covered by Tramp. One of the
rules of the Jockey Club was, that if a mare were covered
by two stallions the fact should be stated. This horse had
been entered as the offspring of Arcot Lass by Mulatto.
The objection was that the mare had been covered by Tramp,
and that that fact had not been stated. The rules of racing
were strict, and he who made an error might take as much
advantage of it as any other person. Mr. Ridsdale, there-
fore, and all those who betted on the same side, might
take advantage of the error, and pay none of their bets.
They had been told that the mare, Arcot Lass, belonged
to Mr. Cattle, and that he sold her to Mr. Ridsdale, who
afterwards sold her to Lord Chesterfield. The colts also
became the property of Lord Chesterfield. His Lordship
had been present at a dinner given by his Majesty King
William IV., in May 1837, when these stakes were made
up. Each gentleman was to name his horse in July, and
Lord Chesterfield described Bloomsbury in the manner they
had beard. Mr. Ridsdale afterwards claimed to have the
right of the entry of the horse, and paid the stakes. The
Stud Book of 1835 gave an account of the different brood
mares and their foals. Mr. Wetherby, the clerk of the race-
course at Newmarket, was the editor of the book, and gen-
. tlemen made up their books by it. Mr. Ridsdale applied
to Mr. Wetherby shortly after the transaction in question
I for the returns of his stud. A Mr. Horton, at his recom-
mendation, made the returns, and they were accepted by
Mr. Ri.lsdale In that book Arcot Lass was described as
to produce a foal next year icy Mula:to or Tramp. A short
time afterwards Mr. Horton amended the return, and wrcte
that on catechising Mr. Ridsdale he found Celeste had
produced a filly, but the list about all the other mares Mr.
Ridsdale said was quite correct. By-and bye a return was
made of the foal, and it was described as got by Mulatto or
Tramp. Mr. Ridsdale, knowing the pedigree, chose t.)
pay the stakes, and to reserve to himself the power el
backing out, if the event proved it necessary for him to do
so. Tramp was a horse of great merit, and the sire of a
very successful horse, and his progeny had won as much
as 67,0001., whereas the progeny of Mulatto at that time
had not won 3,0001. ; therefore to enter a horse as front
Mulatto would get great odds—he had no character ; but
if it had been described as got by Tramp nobody would
have betted against it. He (Mr. Sergeant Wilde) did not
impute that the entry was originally fraudulently made.
It probably was through mistake. If it was bad, the
owner must be the loser. Mr. Ridsdale thoucht fit to
retain the horse under the entry, knowing that if he won,
he might get the produce, and if he lost, protect himself
by the objection ; and he was not indisposed to do so.
Lord Chesterfield claimed the horse originally, and Mr.
Ridsdale afterwards put in his claim, saying that sooner
than Lord Chesterfield should win the race he would dis-
qualify him, and make him a stallion. Lord Lichfield dis-
covered the error before the race ; but Mr. Ridsdale de-
termined to take his chance; lose he could not, win
he might largely, if the error were not discovered, and
the horse declared disqualified. Mr. Ridsdale was not a
gentleman who kept himself aloof from his stud, but was
a training groom. He, therefore, must have been pos-
sessed of every information on the subject. The rules of
racing were a mere farce if a breeder of horses, after
having published to the world the pedigree of his horse,
might turn round and say, " I will not abide by it." The
first witness for the plaintiff, after having stated broadly
that Mulatto had covered the mare, admitted in cross.
examination that he had not seen the fact. Such evidence
showed the necessity of having this examination before a
court of justice, where the testimony of the witnesses could
be throroughly sifted and inquired into, and the propervalue
attearethoendcotonsiits.ted of
Agamin,erteheasfsacerttioofnt,huentsiumpepowrhteedn
bTyrpamerpsolneaflt
M
knowledge. The witness Scott, in his declaration, stated it
to be the 2d of January, and now in his examination ho said
it was a mistake; it should have been February. The
witnesses had said that the mare Arcot Lass had not been
should furthetraptermo
ei.loavde rae
contrarydby T r amp in 1835 ; but he ( Mr. Sergeant Wilde)
Ridsdale
did
not himself,
have
Merton a n d
until The fixing his removal at an earlier period
prays: statement
that Tramp M ri
how long a mare was inetreestate
was in order to rid of Mr. Itidadale's assertion that
the mare bad been' coy by Tramp. It was np matter
eleven months or not. T 1e to describe
eaanntdWilde) should
mare
Tramp left Merton in MSaerrila
owner ought propel
the horse. He (Mr. of gt:?ation, whether. it was,:
prove tn..
twice belonging to Mr. Newton, andon .i'ilisthweaycocuorvseeroefdtaheyear
1835 covered many other mares, all of which proved with
foal. Was it probable that Mr. Ridsdale, having this
mare, should not be anxious to get her covered by 'cramp,
who had born so successful a progeny, and who would be
proved to be still successful ip getting foals? The pro-
bability being in favour of the horse being put to the mare,

what became of the evidence on the other side, if it was
clearly proved that the horse did not leave Merton until
March? Taylor had said that the mare was covered three
times. What horse covered her the third time? It was
most material that ft e lame of every horse should be given.
But the books of Mr. llidsdale were destroyed. He had be-
come a bankrupt, and ought not to have destroyed his books,
Had they been produced the name of the third horse might
have appeared. In the absence of those books what
could the plaintiff be more properly bound by than his
own statement published in the Stud Book ? The Learned
counsel then called the attention of the jury to the rules
of the Jockey Club, which set forth that if a mare were
covered by two horses, the names of both horses must be
mentioned. In continuation he observed that the Ascot
races had always been run under the Newmarket rules, the
stewards of Newmarket being ex officio stewards of As-
cot. He should show first the promulgation of the rules
to which he had referred, then the insertion of the pcdi.
gree of Bloomsbury in the stud book with the knowledge
and consent of Mr. Ridsdale ; then that Tramp did
nut leave Merton until March, and that he was perfectly
competent of getting foals throughout the year 1835.
Having done so, he trusted they would consider the evi-
dence perfectly satisfactory, and that Mr. Ridsdale must
stand by the statement which he had made, and by which
the disqualification of the horse was proved. The de.
fendant was entitled to their verdict in law and justice, and
he had no doubt he would receive it.
The following witnesses were then called :
His Grace the Duke of Richmond—l was a member of
the Jockey Club in 1828. Lord Low her was also a mem
ber. The rules were then altered and consolidated. The rule
18 was passed in 1823, but was consolidated in 1828;
it is still in force. Rule 58 was consolidated at the
same time ; rule 17 was also consolidated. The object
of that rule was to ensure a correct nomination. I con-
sider it a very important one. I consider the Ascot races
are subject to Newmarket rules, because the Newmarket
Stewards are ex officio Stewards of Ascot races, and they
can only decide according to the Newmarket rules. It
frequently occurs that a winning horse is disqualified. In
that case the stakes are given to the second horse, and
the bets void ; but if the horse should be disqualified in
consequence of the death of the owner, the bets would go
to the first horse, though the stakes would go to the se-
cond. When I was Steward of Newmarket I knew the
case of an owner who took an objection which he held
good, and made void all the bets. The value of a racing
horse depends much upon the sire. I should most pro.
bably have bought a horse by Tramp in preference to one
by Mulatto. If a mare were covered by two stallions it
would improve the progeny.
Cross-examined—l know one instance while Iwas Steward,
of an Hon. Gentleman who took advantage of his own
error. It was the case of Mr. Greville's Eleanor. It was
before the race. It is founded on the principle that if a
man cannot win he cannot lose. Every owner of a second
horse would take advantage of the disqualification of the
winning horse.
Re-examined—Any disqualification voids all the bets, as
well of the owner as of other people. I remember the
case of the Marquis of Tavistock at Ascot. He had two
sisters, and did not mention which was to run.
William Hibbert—l have been clerk of the Ascot races
since 1837. The Master of the Buck Hounds was sole
Steward of the races until 1836. In 1837 the Stewards of
the Newmarket races first acted. The races were not
advertised as being under the Newmarket Stewards.
Mr. Batson—ln the year 1829 I acted with the Duke of
Richmond as Steward of Newmarket races. I have bred
some of the most celebrated horses. I have attended Ascot
races for 40 years. The rules of Newmarket prevail at
those races. lam well acquainted with the practice of the
turf, and the breeding of horses. Harriet, the dam of Ple-
nipotentiary, carried her foal for twelve months. Eleven
months is the ordinary time for a mare to carry her foal.
When a mare is covered by two horses, the time of drop.
ping must guide the judgment as to who is the sire of the
foal. The value of a foal would be increased if the dam
had been covered by two celebrated horses. I knew Tramp
to be a good stallion. I never heard of Mulatto until
Bloomsbury won the Derby.
Cross. examined—Mulatto was a good runner.
• Mr. Wetherby—l am assistant keeper of the match book,
under the Jockey Club, and editor of the Racing Calendar
and Stud Book. I published a volume of the Stud Book
in 1832, and was about to publish another in 1835. I
derive my information from owners of studs, and applied to
Mr. Robert Ridsdale for an account of his stud. He was
known to me as a breeder and runner of horses. He said
Mr. Horton should come over to Merton and make it out.
I employed Horton to get the information. He made me
a return, which was corrected before I published the Stud
Book. I also received a return of the foals dropped at
Mr. Ridsdale's in 1836. I published my 4th volume of
the Stud Book in May, 1836. (The book was produced
and handed to the witness.) The account is contained at
page 15. I received no other accounts of the stud but
those. This (Mr. Taylor's) letter was delivered to me in
Oct. or Nov., 183 S, by Mr. Ridsdale.
Cross-examined—Both Robert and William Ridsdale
told me the stud book was wrong. Mr. Robert Ridsdale
afterwards brought me a letter from Mr. Newton.
By the COURT—Mr. Ridsdale was at that time a very
large breeder.
Mr. Manning—l am clerk to Mr. Wetherby. I was at
Newmarket on the 9th of June, 1836, and supplied him
with the 4th volume of the Stud Book.
George Taylor—ln 1835, I brought Tramp away from
Merton to Whitewall Corner ; he was put into a loose
box. A mare called Narissa, belonging to Mr. Allen, was
put to Tramp in Mr. Scott's yard. On the following
morning, I led Tramp to Mr. Allen, and he covered Na-
rissa again. Several persons were present on the first
occasion. I afterwards led Tramp to Mr. John Newton's,
in Stowbridge.
Cross-examined—We thought that Tramp served the
mare the second time. The first time was a failure.
James White—l was groom to Mr. Allen in 1835. I
knew his mare Narissa. She dropped her foal on the 19th
of February, 1835. I was at Mr. John Scott's yard,
Whitewall, when Tramp was there, I went there with
Narissa. George Taylor was there. Tramp served the
mare. It was the 3d of March. Mr. Allen kept a book
of his horses. My son made the entries. I saw Tramp
the following day at Mr. Allen's. He served Narissa
again. George Taylor took him away. I saw the entry
made in the book on the day following. Narissa was put
to The Saddler in March, April, and May.
Cross-examined—l swear that the entries in the book of
March 3 and 4, and by The Sadler, were not written at the
same time.
Allen, Esq.—l live at 'Mallon, am agent for Earl
Fitzwilliam, and keep brood mares. I had a mare called
Narissa. She foaled on the 19th of February, 1835. She
came into use about 10 or 12 days after foaling. I sent my
groom to Whitewall-corner to meet Tramp. I was in-
formed he would be there. I saw Tramp at Whitewall in
a foal or farm yard of Mr. Scott. The mare was covered
once or twice. I was there on Shrove Tuesday, during
Crookleby Fair, which is held in a field adjoining my
house. Tramp came the next morning, and served Na-
rissa again. He was then taken away by Mr. Geo.
Taylor to Mr. Newton's. I thought Tramp had been un-
successful, and I sent for him again. I backed 12 horses
against the field at Ascot, and I happened to have
Bloomsbury among them. I afterwards wrote to Mr.
Ridsdale. He afterwards called on me with Mr. Newton.
I told Newton what I had heard about the case, that Mr.
Wetherby had applied to him about his stud, and that Mr.
Horton had seen it and made out an account, and afterwards
written to Mr. Wetherby, saying that Mr. Ridsdale had
corrected one mistake; and said all the other part was right.
Mr. Ridsdale replied he had no doubt, he had seen the
account, and authorised Mr. Wetherby to use it in the
Stud Book. I aim) said that Horton's return said that Ar-
cot Lass had been covered by Tramp and Mulatto. The
conversation took place after the Epsom Derby day and
the Ascot day.
Cross-examined—l think I said that Tramp was Mulatto
all over.

Henry White—l am the sort of the last witness but one.
I kept the book about Mr. Allen's mare, and made the entry
shown me by direction of my father.
Robert Hudson and Welibore Garbutt spoke as to see-
ing Tramp cover Narissa on Shrove Tuesday, 1835.
His LORDSHIP was of opinion that Horton's evidence
could not be received at the present stage of the case. It
was clear that Mr. l!orton was not the ;Tent of the plaintiff,
but was merely employed by Mr. W,_therby to obtain bin,
informati ,n. His acts, therefore, could not bind the plain-
tiff until the agency was proved.
Mr. Sergeant WILDE declined calling Mr. Horton.
11r. Gill had known Mr Robert Ridsdale since the 6,11
of August, 1836, and been very intimate with him. Had
a conversation with him in November or December, 1837.
He said that Lord Chesterfield had entered the horse, sup-
posing he ( Lord Chesterfield) was to keep the horses
(Bloomsbury and Mundungo), and train them for his en-
gagements. That Scott had told him Lord Chesterfield
had trained Bloomsbury, and sooner than Lord Chester-
field should have him he would disqualify the horse, as
Lord Chesterfield had made a mistake in the entry of all
his engagements, and the horse was disqualified. lam the
brother of the clerk of the defendant's attorney.
Cross-examined—l had a little to lose—about 201.
never more. I attend Epsom races, and as I go into York-
shire I stay at Doncaster. I had the conversation I have
detailed with Mr. Robert Ridsdale at my brother's house.
My brother has attended most of the principal races.
Mr. Sergeant WILDE read the entry in the stud book ;
it bore date July, 1837.
John Burton—l was stud groom in 1834.t0 Mr. Armi-
tage. He owned Velocipede. 1 remember Arcot Lass
coming on the 10th of May, 1837. She was served by
Velocipede. She had a little foal with her that had been
dropped about a fortnight. .It would take two very hard
days to bring a mare in such a state from Merton to my
master's house. I was requested to go up to London some
time ago. My master did not refuse my going. I was
not forced to go as I am now.
Cross-examined—A Mr. Smithson wrote out a statement
which he wished me to sign, but it contained too much.
A note from Lord Lichfield was then put in, addressed
to Mr. \Vetherby, and requesting him to inform the owner
of Blcomsbury that he objected to his running, on account
of disqualification.
This closed the defendant's case.
Mr. CRESWELL having replied upon the whole evi-
dem",
Mr. Baron MAULE, summing up the evidence to the
jury, commenced by reading the rules of the Jockey Club,
which required that in every case where a mare was
covered by more than one horse the fact should be de-
scribed in the entry for a race of the particular horse of
which she was the dam, and then observed that the ques-
tion they bad to determine was not whether Arcot Lass
had been covered by Mulatto, but whether she had been
covered by " Tramp" also? Because if she had, then,
in his opinion, the description which had been given
rs itph
et then
first
witnessee
cf 0 Bloomsbury " did not come up to the regula-
tions of the Jockey Club, and Bloombury was disqua-
oliffie_cd;.,
u, His
TLaoyrlod
dhisoaniolteeds ofon thouvpindretncoef
the plaintiff, and reiTZked upon the circumstance of some
leaves having been torn out of the LC9k kept by him, arid
also upon the fact of the books of Mr. Robert Ridsdale
having been burnt when he became a bankrupt. They
were certainly unfortunate circumstances, and the books of
a bankrupt ought never to bp destroyed. However, tire
jury would place such value upon the circumstances as they