The Sun.
London, England, 1865-06-30 00:00:00

WESTMORELAND PDATE.

Swift
Tippler
llersey filly
Nine ran.
MATCHES,
Tippler beat Warwick.
Birague beat Loaf Sugar.
SWEEPSTAKES OF 5 SOVS.

Menace
Cottyto
Usher
Five ran.
DANEBURY NURSERY STAKES.
Miss Lavinia c.
Matilda
Slender

Nine ran.
PORTSMOUTH PLATE.

Sweet Ann ~..

w.o.

- • -
SPORTING NOTES,

THE OBJECTION AGAINST WINDHAM FOR THE
MEMBERS' PLATE.

Mr. Barber, the owner of The Clown, who came in second

for the Members' Plate, having legally objected to Wind-
ham, the winner, for having carried short weight, has since
withdrawn his objection, for what reason it is impossible
to imagine.

The conditions of the race were the following :
" The Members' Plate of 100 soya., added to a handicap of
5 sovs. each ; winners of any handicap value 100 sovs. after
June 13 (at eight a.m.) 51b., of two or one of 200 soya. 71b., or
of one stake value 800 soya. 91b. extra (extreme penalty); the
second to says his stake. Newcastle Turn in (nearly one
mile). 22 subs."
Now Windham won the following race the previous
week at Liverpool :
"The Molyneux Cup (Handicap) for all ages, of 300
soya. in specie, by subscription of 10 Bova., with 100 added ;
a winner of any handicap after June 11 of 100 sovs. 51b.,
twice or 200101 b. extra. T hree-quarters of a mile. 30 subs."

It will be seen at a glance from the above that
Windham won a stake value .£4OO including his own
stake, or £390 without it. The conditions of the
Members' Plate were that any horse having won
300 SOTS. was to carry 91b. extra ; consequently, Wind-
ham having only carried 71b. extra, the race belongs
to The Clown, independent of the barber's withdrawal of
the objection. No horse having carried too much or too
little weight without a declaration to that effect can be re-
corded the winner. The Clown being the legitimate
winner of the Members' Plate is consequently disqualified
for the Gold Cup Stakes, as he ought to have carried 71b
extra, as the following conditions will show :
The Gold Cup Stakes (handicap) of 10 soya each, h ft,
with 100 added ; the winner of the Northumberland Plate
91b, and the second 41b, or of any other handicap value 100
soya after May 31 (at half-past eleven) 51b, of two, or of
one stake value 300 sovs 91b extra (extreme penalty) ; the
second to save his stake; Newcastle Turn in.

As the Jockey Club laws of racing are in force at New-
castle, I shall quote the 64th rule with reference to the
weight that Windham ought to have carried, which will
show that Windham is no more the winner of the Members'
Plate at Newcastle than the owner himself is, but that The
Clown is the winner :

RULE 64. In estimating the value of any prize no deduc-
tion shall be made, except of the winner's own stake and of
any sum or sums required by, the conditions to be paid out
of the stakes to the owners of any other horse or horses in
the race—the entrance for a plate not to be deducted. And
every prize, not in specie, shall be estimated at its adver-
tised value in sovereigns, and if such value is not desig-
nated it shall be taken at the cost price. The winner of the
Queen's Vase at Ascot is exempt from any penalty for such
winning, unless this prize is specially mentioned in the
conditions of the race.
Those who backed the Clown for the Members' Plato are
entitled to their money, and the same remark applies to
Curtain Lecture for the Gold Cup Stakes, as the Clown is
disqualified for not carrying 71b extra.
A similar case to the above happened two years ago at
Ascot, when Knowsley won the Stand Plate, Umpire being
second. It was discovered on the Monday following that
the former had carried too little weight, and the race was
awarded to the latter.

A FRESH MAN.