The Sun.
London, England, 1848-08-21 00:00:00

HORSHAM.

The evidence in support of the petitioner's case was re-
sumed. One act of bribery was proved. The voter was
promised 351. to poll for Mr. Fitzgerald. He received 101.
down, and gave an 1.0. U. to Mr. Padwick, the party who
adminstered the bribe, to give a colourable aspect to the
transaction. The voter nevertheless supported the rival
interest.

ASSIZE INTELLIGENCE.
HOME ClRCUlT.—Guildford, August 19.
(Before the LORD CHIEF BARON and a Special Jury.
KENNEDY V. CLARK.

This was an action to recover the sum of 3,1501., as
the alleged value of the celebrated race-horse Sir Tattoo
Sykes. The form of the action was as for goods sold
and delivered, to which the defendant pleaded payment.
Sergeant Sbeo and Mr. Petersdorff were for the
plaintiff; Mr. M. Chambers and Mr. Bovell for the de-
fendant.
Sergeant Shee said the plaintiff in this action, Mr.
Robert Blair Kennedy, was a gentleman of fortune. He
was twenty-three years old, and he had obtained that
which he himself, no doubt, considered a source of great
pleasure, but which he (the :Learned Sergeant) could
not help looking upon as a very great misfortune for any
young man—an early introduction to the turf. The de-
fendant, Mr. E. Rawson Clark, was a gentleman who
had been long acquainted with the turf; he had been " on
the turf " a very long time, aad he, as well as the plain-
tiff, was in the habit of attending all the principal
race-courses in the kingdom. In 1847, the plaintiff
became the owner of the celebrated race-horse Sir
Tatton Sykes. At that time he had run second for the
Derby, had won the 2,000 guineas at Newmarket, and
had also won the St. Leger and some other races, and
was a horse of celebrity, and the plaintiff gave 1,350/.
for him. On the 7th of June, or about that time, the
parties were at Ascot Races, where the horse was en-
tered for the Hunt Cup, and Mr. Clark, who was well
acquainted with the horse previously, saw him run.
Atter the races the plaintiff went to Windsor, and put up
at the Castle Hotel ; he there met the defendant, and
some conversation took place between them on the sub-
ject of the horse, when Mr. Kennedy said lie would sell
him for 1,1001. The defendant entertained the proposal
but mentioned certain terms, to which Mr. Kennedy de-
clined to accede, and nothing at all passed which could
lead to a supposition that the horse had been disposed
of by the plaintiff. A few days afterwards, however, the
plaintiff was very much surprised to hear that his horse,
which he supposed to beat his trainer's, was in reality in
possession of the defendant, and that he had entered him
to run at Hampton races as his own horse. The plaintiff
was of course very much surprised at the circumstance,
for although he had certainly offered to sell the horse
upon certain conditions, yet nothing decisive was ar-
ranged, and the defendant had no right whatever to
obtain possession of the animal. He, therefore, imme-
diately gave instructions :to his solicitor, and that gen-
tleman proceeded at once to Hampton Races, where he
found the horse in the care of the defendant, who was
leading him about the race-course preparatory to his
starting for a race about to commence. The defendant
was asked how the horse came into his possession, was
told that he knew very well it belonged to Mr.
Kennedy, 'and was called upon by the solicitor to
account for having it, upon which the defendant said
he had bought it for 8501., but he had not paid for it,
and he offered to give a cheque for the amount.
The solicitor declined to receive the cheque, and in-
sisted upon having the horse returned, or else be
threatened to give Mr. Clark into custody. The defen-
dant was very angry upon this threat being made, and
a police officer was called in, but on his hearing the na-
ture of the case he declined to interfere, but suggested
that the matter should be referred to the stewards. The
parties, accordingly went before Captain W. Peel, and
Mr. Ricardo, the gentlemen who were acting in that
capacity, and after the facts had been stated to them,
they decided that the horse should start, and he did so,
and afterwards remained in the possession of the de-
fendant. A Jew days afterwards the plaintiff's solicitor
saw the defendant again at Tattersall's, when he served
him with the writ in this action, and upon this occasion
the defendant asserted that he had bought the horse,
and paid for him, and that what had taken place between
him and Mr. Kennedy amounted to a sale. These were
the facts he should have to lay before them. He was
not aware what defence was to be set up, but he believed
an attempt would be made to establish some special
contract, founded upon certain letters written by the
plaintiff. He did not, however, believe that such an
attempt would be successful, and in the result the jury
would see that the plaintiff was, at all events, entitled to
a verdict for 8501.

Captain A. M. Alleyne was then called—He said I am
acquainted with the plaintiff, and I was at Ascot races
with him on the 7th of June, and saw his horse Sir
Tatton Sykes, run on that day. On our return we stop-
ped at the Castle, at Windsor. The defendant was
there, and I heard Mr. Kennedy offer to sell his horse
Sir Tatton for 1,100/. There was some cavilling
about the price, and at last a sum of 850/. was men-
tioned, but I don't know how it arose. The discussion,
however, terminated, as I understood, without any sale
being completed. I afterwards saw the defendant at
Hampton races, when he told me he had become the
purchaser of the horse, and he said he considered it a
very good purchase. I saw him agai❑ at Newmarket
races on the 4th July, when he told me that an action
had been brought against him to recover the price of the
horse, and he said he would be glad to give 100/. or 150/.
to be off the bargain, and he wished ho bad never seen
the horse. He likewise told rre that he had offered to
pay 850/., which was the price agreed, upon; but this
offer had not been accepted. I know the horse by sight,
and should consider him to be worth 1,500/.
By Mr. CHAMBERS—I have not been much on the
turf myself, but my brother keeps two or three race
horses, He is a friend of Mr. Kennedy, and I have also
known him four or five years. He is on the turf.
The CHIEF BARON—What is the meaning of the ex-
pression " on the turf?"—(A laugh.)
Mr. CHAMBERS—My Lord, I can hardly tell you.
The CHIEF BARON—Is every one who runs race-horses
supposed to be " on the turf?"

CIIAMBERS—I rather think not, my Lord.
Cross-examination continued—l bet, and so does my
brother. lam not a judge of race horses. I saw Sir
Tattoo run at Hampton. Ile was beat. It was only for
a small stake, and they were not first•class horses that
run against him. I don't think my brother bought a bill
stamp at Windsor, but a blank stamp was brought into
the room, and, as I suppose, in connexion with the pro-
posed purchase of the horse. I think the amount of the
bill was to be 1,1001., but I cannot speak with certainty.
The defendant wanted Mr. Kennedy to warrant the
horse, hut I don't recollect if he refused, but they said
they would talk about it the next day. The letters
(produced) are in Mr. Kennedy's handwriting.
William Spernton said, I am groom to John Scott,
the trainer. Sir Tatton Sykes was at our stables, at
Leatherhead, in the early part of June in last year. He
belonged to Mr. Kennedy. I took the horse to Ascot
Races, and saw Mr. Kennedy there. The horse was
rode by Frank Butler, in Mr. Kennedy's name, lie
was beaten by a horse named Conyngham, and atter the
race I took him back to Leatherhead, where he remained
ua
himtil
and took
the llthof June,
himw
ay. I saw
when George
SirD Tattoo win
c k
tetreay applied
for the
Leger, and also the 2,000 Guineas at Newmarket, and
when he was second for the Derby.

by SykesG e
o rbgeei nil
c it
Mr. J. Parsons, clerk of the course at Hampton
horse, and that he ran in his name.
eRr en-
teredaa
yc e,sbt, strauti hdn e7dleHrf eee nu idweamanstb ehe nra
tseSsriierndc eTt otaotrltd: nrim
e that he was his
Mr. M. Newton said—l am the plaintiff's solicitor. I
know the defendant. Ile has offices in Clifford-street,
Bond-street, and acts as a bill agent, and he is also on the
turf. In consequence of directions I received from the
plaintiff, I went on the 15th June to Hampton races,
where I saw the defendant leading the horse in question
on the course. According to my instructions I asked
him how he had obtained possession of Kennedy's horse,
and he replied that he had bought it. I asked if he had
paid for it, and he said he had not, but he would give me
an undertaking to pay for it. I told him I was instructed
that he had obtained possession of the horse from John
Scott without Mr. Kennedy's knowledge or consent, and I
said I should hand him over to the police. The defendant
then offered to give me a cheque for 8501,, but I refused
to take it, and laid hold of the horse's bridle, when the
defendant threatened to knock me down if I did not
Iporoesseentm, y hold, and
also threatened
D omckee,rabyu,t
ahispotlricaeinienrs,pewchtoor %;na.s
terefered, and advised that an application should be made
to the stewards, and we went to them, and I made a
complaint that the defendant had obtained the horse
thwrouirtesil:otate aiostnmdohnlyhlrya.cdo paidKamefipetw complaint;
minutesBn Kennedy's
os
i asserted
consent.for
before
it.eore he
li Ihd
that
ea The defendant, in an-
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eadh
thisoa boughtdfiercouldednto
o pt t
be
y
me, and I asked for a receipt, but none was produced.
The stewards eventually said they should not interfere,
and decided that the horse should run. I saw the defend-
ant on the 20th of June, at Tattersall's, and served him
tla
with a writ of summons on this action, and at the same
time told him he was very fortunate that Mr. Kennedy
had only taken civil proceedings against him. He replied
that he had bought the horse, and to satisfy me of the
fact be pulled a letter from his pocket, and said he sup.
posed I was acquainted with Kennedy's handwriting,
and handed it to me to read; but when I was about to
do so he took it from me, and said, " You ought not
to fight against us men of the world, you ought to pro-
tectsupposesuinf
dlacyananpdavyayyoluismoot/h.
enboalwananede,mtheaett
mr. us . I
Kennedy on