The Sun.
London, England, 1851-12-02 00:00:00

TUESDAY EVENING,

COURT CIRCULAR.

OSBORNE, Dec. 1.

Divine service was performed yesterday morning
at Osborne, before her Majesty, his Royal Highness
Prince Albert, the Prince of Welea, and the Princess
Ro:,. al, by the Rev. T. Proth€roe. The suite and
Royai Household attended.
There was no addition to the party at dinner.

Mr. Richard Blanchard had an interview with Earl
Grey yesterday at the Colonial-office. Captain
Stanley Carr bad also an interview with the Noble
Earl yesterday.
The Postmaster-General had an interview with the
Chancellor of the Exchequer, yesterday, at his official
residence in Downing-street.
The Right Hon. the Secretary at War, and the
Hon. Mrs. Fox Maule, arrived in town on Saturday
night from Scotland.
Earl Granville arrived in town yesterday.
The Judicial Committee of her Majesty's Most
Honourable Privy Council sat yesterday. An ap-
peal frac the High Court of Admiralty, "Burns v.
Finney" (the Europa), part heard, was resumed, and
concluded—Lord Cranworth giving judgment on the
part of their Lordships, affirming the decree of the
Court below. An appeal from the High Court of
Admiralty, "Mitchell v. Bartlett" (the Ann Mitchell),
was commenced, and was adjourned.

LA W INTEL L E IGNCE.
COURT OF QUEEiV'S BENCH, Dec. 1.
(Before Lord CAMPBELL and a z,peeial Jur3.)
QUEEN ON THE PROSECUTION OF KENNEDY V. ALLLYNE

AND OTHERS.
(Continued from our Afternoon Edition of yesterday.)
Cross-exitnincd by Sir F, TuEstota, for liotder
Alley...le—Li 1843 was the first time I knew
Atiqne. He was then a .1-...titenatit, ire the 52d
mew. 111 was going. to Nova Scotia, and I wan going to
Canada. I should thiLk that he was then twenty. six.
I had an annual allowance of 100/. My pay was 961.
kept horses and carriages at Montreal. I kept two
horses; and a short time, for about four months, I had
a sleigh and a pony carriage. I frequented gambling-
houses, and went to two races. I lust 1,2001.
at roulette to a man of the name of Stewart.

If I lost to Eldon, I lost but very small sums.
I gave a bill which, as I was not of age, he got
me to post-date. I did state to my broiler
officers that I could not be compelled to pay the bill.
I stated that on discovering that the roulette wheel was

an unfair one. I have no iecolteetion of laying
,t 1 wager

of 5001. on the distance of the Ricky Mountains flown
Montres.l—not with Mr. Coilingwood. I never betted
with him more than 41. or 51. I laid wagers when I was
offered them, and thought I could win them. I vvr.s but
publicly reproved by the Adjutant-General for gambling.
I was spoken to privately. 1 left Montreal in debt. My
mother paid my debts some hundreds certainly.
Amongst them wus 5001. to Holder Allcyne on the
' Liverpool Steeplechase, about the year it was first
run, and whose horse had won. I had been at Mon-
treal from November. 1843, and left in May, 1815 I
went for a cam:lth to Quttn.c. I arrived in England in
July, 1845. I went to the depot of the regiment at
Carlisle. I did not make bets till I met Holder Al-

loyne again—that was about May, 1846. 1 had not be-
fore that time won 2,0001 from Mr. Saville. I did not
win 2,0001., but about 1,2001. I was reprimanded for
gambling. I was reprimanded together with D'Arcy—
that was in November, 1847. Holder Alleyne came
from America in March or April, 1846. 5,,.w him in

London. I first commenced betting. in London, when
my bets were paid. I made a bet with him when we
were going down in the same carriage to Epsom races—
it was a bet on the Derby. I had no other bet of more
than a pound or two. The next occasion on which
I saw Holder Alleyne was at Hull. I first saw
him at Hull in August, 1816. At that time I believe
Joseph Alleyne was an undergraduate. He and his
brother dined at our mess. Nothing was talked about
Pigeon at the time of dinner; not that I remember. I
did not ridicule at table the notion of her performing the
feats spoken of. We went afterwards to D'Arcy's quar-
ters. At that time I had seen the mare, but only in the
stables. Holder Alleyne and Joseph Alleyne went to
D'Arcy's quarters. Captain Crawford, of the 89tb, and
some brother officers came in; amongst others Captains
Head and Phillips. We had cigars. I drank but little.
Holder Alleyne vaunted the prowess of his mare. He said
she was a very good little mare, but he did not tell us what
,he could do. I ridiculed the notion of her being able
to perform anything extraordinary. I laughed at her
appearance; she was rough, and in bad condition. That
did not rouse him to say what she could do. He offered
me a great many wagers. Then I offered him one or
two. We then proposed the one which we made; not
the sum. I cannot tell what I offered, for there were
so many. The wager was written down by D'Arcy,
and signed by both of us. The sums were settled after-
wards between us. Holder Alleyne proposed the
amounts, and they were agreed to or not. Joseph Al-
leyne remonstrated with him on the folly of making a
wager of that kiwi. He did not ask me to let him off the
bet. The next morning he offered to let me off if I paid
him 501. I refused. I said I did not make a bet to
give 501. fur it. I saw the mars in the stable orce at
Hull, but not after the large bet was made. I did not
see her until the following summer in London. I paid
on the 26th of December, 1346. After that time I fre-
quented races. I was not the owner of a horse called
the Knight of Gwynno. I hired a horse called Fortune-
teller from D'Arcy; its name was changed afterwards
to the Knight of Gwynne. I had an American pony, but
I never knew it by any name. I bought with Holder Al-
leyne a pony from Mr. Gaussen. I only knew it as an
American pony. I had 1,0001. bet on that pony, with
which Holder Alleyne went shares. It was purchased
in July, 1847. That match was forfeited. 5001 were
paid by the other side to me. Holder Alleyne got 1251.
for the man, as the man said ho would not have forfeited
if he had not gone halves with him, so Holder Alleyne
got 375/. The match was made by me with a man
named Syas, and Holder Alleyno offered to go halves
with me. I allowed him to do so. Ho told me after-
wards tbat he had got Syas to make the bet with me,
and he got 1251. from me for Syas. He got Syas to
make the bet by telling Syas that he was to have half
the money. I backed my horse Fortune-teller in the
Liverpool Steeplechase of 1850. I stood to win 12,0001.
I got 40 to 1 laid me in odds. Mr. Davis betted me
4,0001. to 1001. I did not win all that, but I won a small
amount. Holder Alleyne purchased Sir Tatton Sykes
for me. Holder Alleyne borrowed the money at three
per cent. He charged me 3,1501., and he bought for
3,0001. He bought Sir Tatton Sykes as my agent. He
was to go shares with me if he bought another horse of
the same value, which he did not do. It was necessary
to pay 5001. in order to prevent a forfeit of a former
engagement. Holder Alley no furnished me with
the money. This was in August, 1847. In December
of that year I went to Bath. 1 went to the York House.
I kept four horses and a dog cart. I took Rudlow
House, at Bath, from the Christmas of 1847. My mo-
ther had lived at Bath for several years. I found no
difficulty in obtaining credit. I got plate and other
things. I got plate to the amount of 400/. and gave my
bill for it. I was afterwards in difficulty in London, and
pledged part of it at Vaughan's, and another part at
another place, when H. Alla) ne was with me. I did
not pledge it in my own name. I remember wanting
money to go to the Liverpool Steeplechase. I did divide
a 101. note, go to one tradesman, show that half and get
10/.; and go to another, show him the other half, and
get another 101. on that. I received half the note, 101
or 51, I cannot tell which. I went to the landlord at
the York House. I gave him part of the note which I
had, and asked him if he would let me hevo the amount
of it, and I would give him the other half when I re-
' ceived it. He then said that I need not trouble myself
about it; that he would lend me the money, and put it
down in the bill. I said I should prefer not, and that I
wou'al leave the half of the note with him, which
I did. I subsequently received the other half ; and
also by the same post I received a letter from a
tradesman at Dover, to whom I owed a small sum,
telling me that if I did not pay him by return of post the
money I owed him, he would sue me. I was unable be-
fore the post went out to get the other half from the
landlord, and to save the post I sent the remaining half,
that is the half I had received that morning, and on my
seeing the landlord I told him I would tali() advantage
of his offer, and he gave it me, and I sent it to the
tradesman. I had paid the landlord's bill, 2001., about
that time. I had to pay my own bill and that of two
gentlemen who were with me, one of whom was D'Arcy,
that 3251. I have paid the rest under a judgment since.
The expense of furnishing Rudlow House amounted to
about 1,100/., of which I paid 4501., and my sister paid
the remainder in full. Getting into the house cost mo
about 2,000/. I have made a mistake, I had three horses
and a dog-cart. I incurred considerable debts at Bath;
the largest was furnishing the house. An execution
was pat in, I applied for assistance to pay it out. I
borrowed 4001. from my solicitor, Mr. Newton. I
did not know at that time that he got the money from
Holder Alleyne—he has since been paid. A second
execution was put in. I then brought forward a bill
of sale I had given to Newton on paying off the first.
I have paid, or arranged to pay, all the debts at Bath;
there were other writs against me. I was afterwards
arrested and lodged in Hereford Gaol, that was in
August 1848. I was afterwards removed to the Qeeen'e
Prison. Holder Alleyne visited me there; my uncle,
Captain Blair, once visited me there. I was in the
Queens Prison about three weeks. I was under en•
gagement with my sister, on her paying my debts, to
leave the country and go to France till my affairs were
settled. I came over in November to appear in the
India House when I got my cadetship, and then I was
arrested; two days afterwards I finally quitted the
country. I was only in custody about two hours.
From the begiuning of the year 1846 to the end of
1848 I was in continual communication with Holder
Alleyne. I came over from Boulogne on one occasion
to see Mr. Crosse about drawing an indictment against
the defendant's. That was in October or November,
11848. I did not, till some time afterwards, give instrue-
' lions for any civil proceedings, a bill in Chancery, not
till just before I left for India. It was to resist paysnent
of a bond for 4,000/, which I believed to have been
improperly obtained from me. It was about this trans-
action. Newton knew the whole of the circumstances.
I had made him acquainted with all the circumstar,ces
in September, 1848, while I was in the Queen's Prison.
The bill in Chancery was withdrawn, and the costs
paid, partly by me and partly out of the trust fund.
All the letters were given up about that time. The
letter were extorted from me by a threat to take out
execution against me on a warrant of attorney, on a
judgment which was payable in May, 1848, for 780/.
Cross-examined by Mr. HUMPFREY, for M`Gesichy
Alleyne—l was at Sandhurst with M.'Geachy Alleyne.
He is a few months younger than I. He expressed his
regret that his brother had made such a bet with rne, as
he was in my regiment. At one time I had a high
opinion of M`Greachy Alleyne. I have not lately said
that he had had nothing whatever to do with defrauding
me. I said that I believed he was corrupted by his
brother in Canada. I did not say that I believed ho had
nothing to do with the conspiracy or the fraud. I did
not say so to Mr. Bryer, the veterinary surgeon. I be-
lieve I said also that I believed he was a most high prin-
cipled man till he was corrupted by his brother.
Cress-examined by Mr. Sian, for D'Arcy—At Hull,
O'Hara was the joint servant :of me and D'Arcy. At
Rudlow D'Arey went down at my express invitation to
come to Bath. We were on terms of friendship. He
was ill, and I thought it would do him good. I did not
advise him to leave the army, Before I loft for India I
had lent him money, and he had lest me money at
various times. The account 14 I believe slightly in my
favour. The last sum that I received from him was
5001. I gave him no acknowledgment.
lie-examined by Mr. J AISICS—Holder Alleyne had re-
ceived from me about 12,060/. from the date of the intro-
duction on board the vessel in 1843 to September, 1847.
[The witness here gave the particulars.] Holder Alleyne
came down to Bath once. The debts at Bath have been
paid or settled. Ido not owe D'Arcy anything now.
Captain Edward Head examined—l am paymaster in
the 89th Regiment of Foot. I was at the depot at Hull
in 1846. I knew Kennedy. I knew Holder Alleyne, but
not M‘Geachy. I was present when the bet was made
about Pidgeon. The Rev. Joseph Alleyne was present.
Ho was an undergraduate at that time. It was in D'Arcy's
rooms. Holder Alleyne said he had bought the mare in
England, and that she was an English mare. I did not
know anything about the mare being an American mare.
I was in the regiment when Mr. Kennedy paid the 7,3001.