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

519
10,979

13,408
9,322

years old. I afterwards sold him, through Mr. Day, 10
Mr. Alleyne, for three thousand guineas. The money
was pail all "clean and nice."--(A laugh.)
The CHIEF BARON—What do you mesa by being paid
all clean and nice ? Witness—l mean, my Lord, there
was no hill. or any thing of that sort.
The CHIEF BARON—Then you don't mean the money
was paid in new notes, or gold ? I suppose very dirty
notes you would consider to be a very clean, nice per
ment ?—(A laugh.) Witness—Exactly, my Lord.
Sergeant SHEE—What would you say was the value
of the horse at this time ? Witness—l consider him
worth 2,000/. as a stud horse. He is no good as a race-
horse, but he is worth that sum for the stud.
Mr. CHAMBERS—Would you give 2,000 guineas for
him ? Witness—Oh that is quite another question.--
(A laugh.) I don't keep race-horses.
Mr. CHAMBEBS—CouId you get 2,000/. for biro ?
Witness—l don't know of a customer, but a horse that bad
won the Leger, the 2,000 guineas, and who was second
for the Derby must always fetch a good deal of money.
Lanercost was sold for 3,000/., and he did not run so many
races. Sir Tatton's legs are nearly gone, and he is not
fit to run as a race-horse.
Mr. CHAMBERS—You have talked about Lanercost.
Do you remember Pyrrhus the First? Did not he win
the Derby? Winess—He scrambled through it after
getting a 70 yards' start.—(A laugh).
Mr. CHAMBERS—Oh, he scrambled through it, did be?
—(Renewed laughter.) After this scramble was not be
sold for 700/.? Witness—l have heard so.
This was the plaintiff's case.
Mr. CHAMBERS then addressed the jury for the defer
dant, and he commenced by stating that very few per-
sons were acquainted with the secrets of the turf, or,tbe
nature of many of the transactions that took
place there between parties connected with it, but be
said he should be able to satisfy them of the real
character of this proceeding, and they would •nee
that there was no ground for the present action.
The claim for 3,1501., in the first place, was perfectly rid-
culous, because it was quite clear, from the plaintifr.o
evidence, that the only sum in question was 8501.; and
he must observe, that if young men chose to be silly
enough to go upon the turf, as it was termed, and ral%
with older and more experienced persons, they could
hardly expect to do so without burning their fingers-
The jury would see that the real point in dispute between
the parties was whether the horse had been sold or not;
and it would be important for them to remember in the
outset that there was a negotiation between them at
Windsor, for the sale and purchase, and that a bill-
stamp was actually produced; and although, from some
reason or other, the negotiation was broken off, yet it
was proved that an arrangement was made that they
should meet the next or some future day to have some
further talk on the subject. He should show them that
they did meet on the Bth June, and that it was arranged
that the defendant should give a bill for 1,1001., at twelve
months' date, for the horse, and ]the sum of 850/. arose
in this way. Mr. Kennedy was lin want of ready
money, and it was arranged that the bill was to be
discounted, and the sum in question was expected to be
the result after the discount had been deducted; but be
should show that, at all events, the plaintiff was willing
to part with his horse for that sum, and he should prove
that Mr. Kennedy gave his trainer, John Scott, Ruth°,
rity to deliver the horse to the defendant. He did not
impute bad faith to the plaintiff in this transaction, but
he believed that he was no real party to the present
action, and that it was only brought by parties coo'
nected with him for their own purposes. The acceptance,
was got ready, but Scott declined to receive it, • but
having the plaintiff's authority, he had no difficulty le
giving the horse up to the defendant's trainer. Ihe
Learned Counsel then read a letter, which he said.wee
received by the defendant from Mr. Kennedy, on the
13th of June, two days after the horse had been take°
away. It was to the effect, that he was still of the
same mind with regard to disposing of Sir Tattoo
Sykes, but that the proposition of the bill for
1,1001. for him could not be entertained unless .Mr'
Clark could get it discounted without having his (Kee'
nedy's) name upon it, and that it realised 850/. ready
money, or he offered to take 7501. in ready money, and
the defendant's bill at four months for 1001. The letter
contained two other propositions, one of 7501 down with
a promise of 1501. more upon his winning the first bee,
dicap race in which he was entered; or a net suns of
8501.; and it concluded by the plaintiff expressing jin
'
opinion that the race at Ascot could not have been °!r
,
Tatton's true running, and stating that if none of hi;
propositions were agreed to, he should place the horse
in the care of another trainer and give him a trial, and
;
he said he had no doubt he should eventually make those
persons who were continually peppering" the horn
pay dearly for their temerity. The letter concluded °y.
requesting an immediate answer. The Learned done'
eel went on to say that he could not understand what
was the real object of this letter, for at the time the sale
had been concluded, and the animal was actually re
moved. He then referred to the other circumstances 0E
the case, and said that it was a most improper proceelel
•
ing to make the charge against the defendant on a
lie race-course, of having fraudulently obtained pn,657;
, sion of the horse, and it was not at all surprising
by
evinced some warmth on the occasion. He concleded
the
saying that the only question for the jury was heard
mere mid been a sale or not, and when they had
the evidence he should adduce, he was of
opinion they
would think the defendant was entitled to a verdict.
Mr. T. Fisk said, I know the
plaintiff and the de-
fendant. I saw them together at Ascot on the Bth 01
June. This was after the meeting at Windsor. There
was a discussion about the sale of Sir Tatton, and I heard
the defendant ask if Mr. Kennedy would take his bill 5$
twelve months for 1,1001, and give a guarantee of the
horse's soundness. Mr. Kennedy said he would, and
agreed to meet the defendant on the following day to
receive the bill, and band over the warranty of soundness
to the defendant.
George Dockeray said, I am a trainer of race-horses,
and keep stables at Epsom, and train for the defendant:
While I was at Ascot races, Mr. Clark came to me sea
said, in the presence of Mr. Kennedy, that he had bought
Sir Tatton Sykes. I replied, " What the devil did
you buy such a rip' as that for, with no legs?
The defendant said he was to give a bill at twelve
months' date for 1,100/. for the horse, and I said
he must be mad to give so much money for a bore°
when he was good for nothing and had no legs',
Mr. Clark replied, that he was warranted soun''
and I said his legs looked very suspicious, and his joints
were much enlarged. Mr. Kennedy then said, Doc-
keray, the horse is sound, and I warrant him sound,"
bill of exchange for 1,100/. was shortly afterwards giv,°°
to me for Mr. Kennedy, but I could not find him to
give
it him, and on the following Sunday, July 11, I fetched,l
. the horse away from John Scott's stables. I havell'l7
him ever since, and I would not give 5001. for him.
wish he was out of my stable. He was beaten by bad horse at Hampton, and if he could not
wtu
such a thing as that he was no good at all as a race bores'
Mr. J. Scott said, lam a trainer of race horsei, or Sir Tatton was at my stable iu Juue. At that time be
belonged to the plaintiff. I saw Mr. Kennedy and fir.
C
lark on the Bth June at Ascot, and the former said it had
bill. soldo nthe htheorfsoellotwoinMg rs.
uCnldaaryk
Dfoorekle,rlaoyo/..catimpeonshird
fetched the horse away. I have told Mr. Kennedy tbat
the horse was quite useless to him in his racing stud:, but that he might get a thousand. pounds for bids as '- stud horse. Foreigners would sometimes give large
sums for such horses, but the foreign trade was now
quite stopped, and there was no demand for horses to
go abroad.
Sergeant SHEE then replied, and ',urged that the de-
fence which had been set up was not only inconsistentin itself but inconsistent with justice.
It was well'
fictional. The defendant did not deny that he had she.
horse, and he asked the jury whether it was likely that
a valuable animal should be given up in the manner re-
presented. The letter of the plaintiff that had been pro-
duced, however, showed clearly that he never intended
to give up the horse until he received the 850/., and the
defendant himself admitted that he would be called liPc.): to pay, that sum. At present, however, the phiintl.
had neither horse, bill, nor money, and it appeared t°
be the object of the defendant to keep the horse, and 50
use it as his own, and to evade, if he could, paying for it:
The CHIEF BARON, in summing up, said it appeared
to him that the only question for the jury was, whether
the plaintiff consented to the removal of his horse or not He did not think there was any ground for imputing stlY
fraudulent intention to the defendant in removing the
horse, but if he did so under a mistaken impression 0
to the effect of the arrangement between him and the
plaintiff, the latter would be entitled to recover in th-
action.

The jury, after a short deliberation, returned a verdict
for the plaintiff—Damages 8501.

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81RT.%
On the 14th inst., at DonaghaH
dee, the wife of Commander
Harston, R.N., of a daughter.
On the 14th inst., at Cambridge, the wife of E. Walket,
Esq., of Trinity College, of a daughter.
On the 16th inst., at Camden-road-villas, Mrs
g
Spalding, of a son.
On the 17th inst., at Sandling-park, the lady of W. snn'eedesi
Esq., M.P., of a daughter.

MARRIED.
On the 16th inst., at the parish chuich, Dedham. tbe,-.ll,ner
Frederick Rendall, M.A., Fellow of Trinity College, Cam
Frederick
and one of the masters of Harrow School, to M"cf:
eldest daughter of W. Downes, Esq., of the Hill-house,
ve ham, Essex.
On the 16th inst., at Inverleith-row, Edinburgh, Charles
IL Wilson, Esq., A.R.S.A., director of the Government
,as
d
vincial Schools of Design, to Johanna Catherine, A
daughter of the late W. J. Thomson, Esq., R.S.A. f,
On the 17th inst., in the church of St. John, BCCeideknest
, Lewis Clare, of Warrington-place, Dublin to Matilda, „log.
daughter of J. J. Ronaldson, Esq ,of Sutton-place, 111,Cj'.

DIED. On the 4th inst., at Upper Baker-street Liverpool aged
di
74, Charles Lang, Esq., formerly of her Majesty's dooqi";
Devonport and Deptford.
On the 13th inst., aged 51, Harriet, the wife of mr 0.
Cooper, of George-street, New Peckham.
OFnentohheolr3chtl-isitnrseta aged 42, Elizabeth, wife of C. Gordeliter:
of
On the 16th inst., at St. Asaph, Mary, the wife of the
Bishop of St. Asaph, aged 57.
On the 16th inst., at Brighton, Elizabeth, the wife of IL
Tamplin, Esq., aged 70.
aged 60, Abel
On the 17th inst., at Bishop Wearmouth,
Chapman, Esq., a member of the Society of Frieidl

London : Printed and Published by MURDO YOUNG' at
l2r
No. 112, Strand, Printer, at The Sun Office,
Strand, in the Precinct of the Savoy, in the a'
i ddl ego.", Monday,'August 21, 1848.