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

DI4IOEM WER 2,18 M

In May, 1347, I heard that the mare was an American

mire.

No qui:lion was asked this witness in cro'ss•exatnina-
tion.
Bryer examined—l was a veterinau surgeon at
Chultonhatu in 1846. lloldcr Alley no was ,st Onelie:t-
han in Oetobr, November, and Ikcetnb, 1846. I at-
nvire, Pidgeon, in Noveini)er, 1846. Mr.
lialder A lleynn in 2 in. it was standing a; livery
stables. Tna te;.ao was lame. I coujnued to mttenl Ale
ware—l believe daily down to the 10th of ll,p2eoab,r.
She was ti till lame. Iluider Alleyne told me she was en-
gaged in a match. He asked we if I vim a betting man,
for if I was he would let me into u good thing. I told
him I did not bet. I told him I did not think she would
do the match. She was in a state that she might at-

tempt the match, but not go through it. I Saw her in
January or February this year at Northleach. She wss
out of the stable, and was lame. Before January, 1847,
she was not in a condiion to perform a match.
Cross•exatnined by Sir F. TIIESIGER—I am not po.A.-
Live whether I saw her after the 10th or December,

181-6. My opinion was that she had navieular
In my opinion that disease is incurable. Tnere was no
visible diseaso. The horse was trotted up alid down
near the stable, and showed lameness. I did not know
whetnex it increased or dee!ea.ed with ex,reise. I have

not see❑ racehorses with that disease, hut I have seen
ll)rses on the read with it. The lamenesi in :Utile degree

pe3 off by warmth. She was iu very good exidition—
good hard condition. Holder Moyne said she was an

extraordinary trotter.
Cross-examined by Mr. 'lnutEtt—l saw Mr. Ken-
nedy, the prosecutor, when the indictment was pre-
ferred. I was speaking to him of 111‘Geactiy Ally yna
among other things. Mr. Kennedy did not say that he
(M,Geaehy Alleyne) had had nothing to do with the
conspiracy or the fraud. Ho said he was sorry for
M'Geachy, for he thought he had been drawn into it by
his brother.

Re-examined by Mr. JAMES —I told Holder Alleyne
that it was the navicular disease. It interfered with the
action of the foot.
Ignatius Francis Coyle, examined by Mr. JAMES—I
come from Newgate, where I am under sentence. I
know Holder and MtGeachy Alleyne. I was at one
time on intimate terms with them. In November, 1846,
I saw them both at Cheltenham. At that time Holder
Alleyne owed me 3751. Holder Alleyne told ire in a
private room at the Plough, " that an unfortunate acci-
dent had occured; that he had a trotting match for a
large sum of money with a young officer nate( d Ken-
nedy; that had the animal lievt right for another month
he would have won a very largo sum of money, more
than I had ever won on the Derby or St. Leger." I said
I never knew such large sums of money betted upon
trotting in this country. lle said this was a private
match he had made himself. He then told me that
the mare bad been trotting on the Tewkes-
bury-road, and when he got her home to his
stable he found her dead lame. He asked me
what he ought to do under these eircumstaeces. I ad-
vised him to go and see Mr. Kennedy and mike the best
compromise he could. He told me he got her at Liver-
pool, and M'Geechy Alleyne, wbo was by sit the time,
gave a horse laugh. I said, " There is something in this
more than you let me know." He then told me he had
brought her over from America with him, that her
name was " Funny Jenks," and no one knew anything of
her but his brother and Colonel Blois. M‘Greachy
Alleyne heard the whole of the conversation, and said to
his brother, " You had better be advised by Coyle."
Holder then said to M`Geachy, " Then you must go to
Hull and see Kennedy." Holder gave me a cheque for
375/., and I welt to town. I went down to Cheltenham
in consequence of this letter, which I received from
Holder Alleyne. (Cheque read, dated November 30.)
I afterwards saw Holder Alleyne at my house, in Alex-
ander-square, Bromptou. He asked me, if I saw Ken-
nedy, would I say I had two matches on with him
(Holder Alleyne) f,ar 1,0001 each? I asked him what
his object was? He said he was obliged to say so in
order to get a settlement out of Kennedy. I asked him
what compromise he had come to of the former match?
Ha said Kennedy being an old friend of his and his
brother's, be had let hien off for 5001. forfeit. He said
nothing about having received 7,3001. I know Holder
Alleyne's handwriting. These letters are in his hand-
writing. (Letters read, addressed to witness. The sub-
stance of them has been already stated.)
Cross-examined by Sir F. THEsIGER—I have been
convicted of forgery, and sentenced to twelve mouths'
imprisonment. It was on the evidence of the Alleynea
I was convicted for uttering a forged acceptance of Lord
Clifden. Lord Clifden wus also a witness.
Re-examined—They had kept the bill for two years
before telling Lord Clifden. I was convicted on the-evi-
dence of these two defendants.
By Lord CAMPBELL—There was a letter from myself
laid before the jury. The prosecution was instituted
some weeks after my name was on the back of this bill.
I bad previously been charged with forgery before a
magistrate, but the charge had been withdrawn. I was
three times before the magistrates.
Charles Craddock examined—ln November and De•
cember, 1846,1 was in Mr. Bryer's employ at Chelten-
ham. I attended Holder Alleyne's mare once. It was
lame at the time. I took the bill to him. He said he
should not pay Bryer, as he had ruined bis mare.
Sir John Kirkland examined—l am an army agent in
Pall-mall. On the 28th of December, 1846, I received
en account of Mr. Kennedy from Cuutts's the sum of
8,3641. 16s. 9d. On the 29th of December, 1846, I re-
ceived an order to transfer 7,3601. from Mr. Kennedy's
account to the credit of Mulder Alleyne. I did so on
the 31st.
Mr. Kennedy recalled--At the trial of Coyle, Holder
Alleyne, in his evidence, stated that he had receiv. d
7,360/. from me. M'Geachy Alleyne ais,) said he had
received 2,8504 on the 20th of January, 1847, but he
said it was not part of what his brother had received
from me. He said it was not all for himself.
Cross-examined—He said 1,6501. was transferred to
his brother Joseph's account, and that of the 1,000/. he
had for himself 5001. had been given him by his brother
Holder, and the other 5001. was a loan. He altva}s de-
nied that ho knew that the money was part of what his
brother had received from me. Bolder Alloyne also
said the same.
Captain Blair examined—l reside in Montague-square.
lam the prosecutor's uncle. I obtained the cadetship
for him in November, 1848. He was obliged to leave
England in three months after his appointment.
James Hooper examined—l was clerk to Cox and
Son's, the army agents, in 1846. They %etre the agents
of Mr. D'Arcy in that year. There was an order to
pay him a sum of money. This is the handwriting of
M..Geachy Alleyne. (The affidavit was then put in
upon which the defendants got the trial postponed.
They undertook to give material evidence on this oc-
casion.)
Coyle was thea recalled, and spoke to a conversation
with D'Arcy, in which he said he had received 1.2001.
or 1,5001. of the 7,3601. received from Kennedy.
Some evidence was then put in with the view of prov-
ing payment of the bets, and the case for the prosecution
closed.

Sir F. THESIGER addressed the jury for the defendant
Holder Alleyne.—He said, long as the case bad lasted,
it was impossible he'ceuld allow it to terminate with such
witnesses as Kennedy and Coyle. The charge itself, as
well as the manner in which it had been introduced to
the jury, were such as would be likely to prejudice their
minds against the defendants. Holder Alleyne was not
Kennedy's intimate, but MeGeachy Alleyne was. In-
stead of its being the fact that Holder Alleyne had
inoculated the prosecutor with the love of gambling, the
fact was that from the very first ho had indulged in
gross extravagances. One was as willing to bet as the
other was, aad there was no pretence for saying that
Holder Alleyne had induced the prosecutor to bet.
Kennedy, like many other foolish young men, had con-
tracted debts at Montreal, which his friends had been
induced to pay; and having become old in youth, he now
wished the jury to believe that he had not fallen again
into gambling till, on his return to England, he again
fell into Holder Alleyno's comnany. The defendant
had done no more than the prosecutor had done, v'e.,
made bets when he expected to win. The false
pretences charged were that the mare had trotted
18 miles within en hour, that she was sure to win, and
that he had two other bets of 1,0001. each on her. All
that was true. There was no allegation that the defen-
dant had represented the mare to be an English mere;
and as to the change of name, that was a practice com-
mon on the turf in order to conceal the pedigree. The
mare was no doubt an extraordinary mare. There was
no evidence of any improper inducement being made use
of to get the prosecutor to enter into this bet, and the
fact teat the defendant had offered the next day to re-
lease the prosecutor for a small profit showed that he
had no desire to take any advantage; but would prove
that the mare was in excellent condition to run the
match, and she was actually on the way to the place
when she was recalled because the wager had been paid.
It would be proved that the mare was not lame from
January, 1847, to January, 1851, and that the disease
was not incurable; and that she could not have won the
match in January, 1847, though Bryer said the con-
trary. It was remarkable that the prosecutor never in-
quired into the state of the mare, but paid the bets and
became joint owner. The prosecutor had raised a
prejudice by asserting that the defendant got back
his two letters under a threat !of arrest, but the
fact was that the defendant had actually lent him money
when be was in difficulties. The Learned Counsel here
read a letter from the prosecutor to the defendant—
written after the time when he now said he had insti-
tuted proceedings against him—in which he apologised
for unfriendly expressions which he had made use of,
and acknowledged that he bad spoken under feelings of
irritation, when it was most likely he was misled. The
prosecutor's statement as to the way in which the 7,300/.
had been arranged could not he true, for it was incree
or calling upon the defend-
dible that he should have become half owner of the mare
awnittbtoou,txeexrecriseeisiitngfolriitsheir Tenon right,eo benefit.
Mr. llenwettee addressed the jury for M`Geachy Al-
leyne, who, at the time of the original bet, was in Ame-
rica. It was only by forced inferences that it could be
shown that ho knew of any deception being practised on
The whole ease against him rested on
Coyle, a man branded with a conviction
the
the evidenceprosecu toorf.
of felony. There was no pretence for imputing fraud
at all, and still Ices for saying that M‘Geechy Alleyee
was privy to it. The character of the mare was excel.
lent, and if she had b en well there could be no doubt
that she would have won the race; and even as it was,
the lameness would have gone off as she warmed in ex-
ercise. Under these circumstances it was monstrous to
impute fraud and conspiracy to the defendant M'Geachy
Alleyne.
Mr. SIRR, for the defendant D'Arcy, said that, even
snpposing the other defendants to be guilty, there was
nothing to fix guilt upon his client. The only fact
against him was that he had received payment of some
money from Alleyne, which might have teen doe upon
some turf transactions, and which Alleyne was enabled
to pay out of the money received from the prosecutor.
The facts were quite compatible with D'Aroy's inno-