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

LAND.

The lighthouse on Deal Island, forming one of the
cluster of Islands called "Kent's Group," in Bass's
Straits, in lat. 39 29 S., long. 147 21 E., having now been
erected, a light is burning, and will continue from sunset
until sunrise.
The lighthouse is erected on a hill nine hundred feet
above high water mark.
The supporting column is forty-six feet in height.
The upper part of the column (like all the lighthouses
within the Government of Van Diemea's land) is
coloured red, and the lower part ,white.,

The lower part of 'the column is built of granite, each
block worked to a mould.

The cornice and blocking are six feet high of freestone.
The lantern is seven feet high, having a revolving
catoptric light, with twenty-one lamps and patent pipes,
smoke consumers, working in three groups, each group
containing
sevenlamps with reflectors, and revolves
round once in.five minutes, showing fifty seconds of light
and fifty seconds of darkness.
The light may be seen thirteen leagues, has been set
by cross bearings at a distance of twelve leagues, and is
visible all round the compass, unless the light be inter-
cepted by being close in with any of the surrounding
islands.
(Signed) WM. MORIARTY„ Post Officer.

THE LONDON AND !NORTH-WESTERN RAILWAY rAND
THEIR. ENGINE-DRIVERS AND FIREDIEN.—We are au-
thorised to state that the North-Western Company have
agreed to:reinstate both drivers and firemen in their for-
mer position.
LAUNCHES AT DIIMBARTON.—At half-past two
o'clock yesterday, there was launched from the shin-building
yard of Messrs. Archibald M'Millan and Son a splendid new
ship of 563 tons register, named Robina Mitchell, the pro-
perty of Thomas Mitchell, Esq., shipowner, Glasgow, and is
intended to sail as consort to the Flora Kerr in the East India
trade, and is to be .commanded by Captain James M'Nidder,
late of the Flora Keri. She has been built under careful in-
spection. The workmanship is very substantial, and the
finishings in all departments are most complete and do much
credit to the builders. The ceremony of christening was
gracefully perform'ed by Miss Jemima Mitchell, daughter of
the owner, when the Robina Mitchell glided majestically
into the water, amidst the cheers of a respectable concourse
of spectators. On. Wednesday last, at two o'clock, there was
launched from the building yard of Messrs. Denny Brothers
a fine new iron steamer, schooner rigged, of a beautiful model
and elegant proportions, called the Ayrshire Lass. Messrs.
Wingate and Co., are to supply her with two engines of 25-
horse power each, and screw propeller. She is intended to
ply between Glasgow and Girvan, under the charge of Cap-
tain M'Clure, who is well-known in the trade. It is worthy
of remark, and also shows the efficiency and perfection to
which these spirited builders have attained
the in irons,
building, that it is only two months since keel of the
Ayrshire Lass was laid down, and that she has beenrt a m
time.
!'he and ready to receive herenginess
in
so h
ho
!'hee weather was remarkably fine, and she went off the stocks
in beautiful style.—Glasgow Paper.

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

This was an action to recover the sum of 3,1501., as
the alleged value of the celebrated lace-horse Sir Tatton
Sykes. The form of the action was as for goods sold
and delivered, to which the defendant pleaded payment.
Sergeant Sbee and Mr. Petersdorff were for the
plaintiff; Mr. M. Chambers!and Mr. Bovell for the de.
Pendant.

Sergeant Sheo 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
bad been long acquainted with the turf; he had been " on
the turf " a very long time, and 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 1,3501.
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.
At ter 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 he 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 hew the horse came into his possession, was
told that be 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 he
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 few 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 bad 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 1,1001. 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 again 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 1501.
to be off the bargain, and he wished he had never seen
the horse. He likewise told me that he had offered to
pay 8501., which was the price agreed upon; but this
offer had not been accepted. I know the horse by sight,
ano shout° constaer him to no worth 1,5004
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?"
Mr. CHAMBERS—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
Tatton run at Hampton. He 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, but 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. He
was beaten by a horse named Conyngham, and after the
race I took him back to Leatherhead, where he remained
until the 11th of June, when George Dockeray applied
for him and took him away. I saw Sir Tatton win the
Leger, and also the 2,000 Guineas at Newmarket, and
when he was second for the Derby.
Mr. J. Parsons, clerk of the course at Hampton
Races, said—l remember Sir Tatton Sykes being en-
tered to run. He was entered to run by George Dock-
eray, but the defendant has since told me that he was his
horse, and that he ran in his name.
Mr. M. Newton said—l am the plaintiff's solicitor. I
know the defendant. He bas 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
loese my hold, and Dockeray, his trainer, who was
present, also threatened me, but a police inspector in-
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
without Mr. Kennedy's consent. The defendant, in an-
swer to my complaint, asserted that he had bought the
horse and had paid 850/. for it. I said this could not be
true, as only a few minutes before he had offered to pay
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
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 he 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-
tect us. I suppose if I can pay you 500/. now and meet
Mr. Kennedy on Sunday and pay him the balance, that
will be satisfactory." I would not accept the offer, my
writ being issued for 3,150/. as the price of the horse, and
I had not instructions to take less. The defendant at

tached to his proposition a condition that Mr. Kennedy
should retract a letter he had written to Bell's Life
newspaper, which he said had got him in disgrace with
the Jockey Club.
This witness was cross-examined at some length as to
the nature of some money transactions between him and
the plaintiff, and the brother of Captain Alleyne, but
they did not appear to have any reference to the matter
in issue, and it will, therefore, be unnecessary to detail

the particulars.t
Inspector o
way
said, he was on duty at Hampton
races, and heard tbedisputnd dispute about
thattheut h
haorshea,dabnedenheard
Mr. Newton claimhim, a
ob-
tained from the stables by false pretences; and Mr. Clark
e piled, that he had bought the horse and paid for it.
replied,
was a good deal of confusion, and Mr. Newton
was shoved away from the horse, and I told him I did
not think it was a case in which I could interfere, and
advised him to apply to the Stewards, and the parties
went to them. During the conversation I heard some-
thing about 8501. as the price of the horse.
Cross-examined—l did not hear Mr. Clark say any-
thing about a bill of exchange.
Mr. Isaac Day said—l am a trainer of race-horses,
and know Sir Tatton Sykes. I bought him in 1847 of
William Scott fox the brother of Captain Alleyne, and
gave three thousand guineas for him. I remember the
disturbance at Hampton races, and the defendant told
me afterwards that he had given 8504 for the horse to
Mr. Kennedy. It was difficult to get at the value of a
race-horse, but Sir Tatton was a very fine horse, and I
should say, as a stud horse, would be worth 1,5001.
Cross-examined—When I bought him his character
stood very high. He ran two or three times while he
was in my charge, and lost on every occasion. I believe
he was sold to the plaintiff at Goodwood •races, 1847.
He has never won a race since.
Mr. William Scott the jockey, said—l bought Sir
Tatton Sykes while ho was a yearling. He is now five