The Sun.
London, England, 1867-03-23 00:00:00

AGRA RACES, 1866.

For all ponies, 13 hands and under; 13 hands to carry 10s1
71b; 51b allowed for every half inch under.
Statement of the case of objection.
Shannon v. Frolic.

By Rule 12—Horses requiring to be measured were to
attend at the Racket Court. The pony Frolic was sent,
measured by one steward, and passed as 13 hands and a
quarter of an inch. No objection was made in writing
against the pony starting, the owner of Shannon merely
remarking that should Frolic win he would request the
stewards to have him remeasured.
Frolic having come in first the owner of Shannon
lodged an objection at the scales, on the ground that the
winner was over the proper height, and requested the
stewards to remeasure the pony. The stewards assented,
and at their request Mr. Gudgin, veterinary surgeon of the
2d Dragoon Guards, remeasured the pony Frolic, and de-
clared him to be 13 hands ltin. To whom do the stakes
and bets belong ?
Mr. White's bay pony Frolic 1
Mr. Walter's bay pony Shannon
Mr. Gudgin's dun pony Jerry
Won by a neck; two lengths between second and third.

JUDGMENT.
13, Berkeley-square, March 16, 1867.
Presuming that Frolic was measured by a person de-
puted to act (viz. a steward), he was officially measured,
and carried a proportional weight; therefore, according to
the Ist sec. 43d rule Calcutta Turf Club, "When a horse is
measured the measurement shall stand good for the meet-
ing," the stewards had no power to order Frolic to be re-
measured.

He had passed his examination.
I place this case on the same footing as if the Clerk of
the Scales had declared a jockey the right weight after a
race. The stewards could not order the jockey to weigh
again unless there was proof of a guilty collusion or culp-
able fraud, or if the scales had been feloniously tampered
with.

If the owner of Shannon had appealed to the stewards
before the race they would have administered immediate
justice ; bit if Frolic had not come in first it appears that
no complaint would have been mad., and the error insub-
sequent events might have been turned to a lucrative ac-
count. This is an illustration of the wisdom in making
wide distinctions in adjudicating complaints made before or
after a race, that where no fraud exists th• bets shall go to
the horse which comes in first, otherwise the knowing gen-
tlemen who watch the chapter of accidents would enjoy a
double chance to win.

As everything appears to have been done in good faith,
Frolic, by the Calcutta Turf Club rules, is the wiener of
the stakes and the bets. U. J. Rocs.

HORSES STRUCK OUT OF THEIR ENGAGE-
MENTS.
March 16, at 9 a.m. Goojerat and La Maudite, out of
Warwick engagements.
March 16, at 2.30 p.m. Batthyany, out of Ileathcote
Plate, Epsom.
March 18, at 9 a.m. Vigilant out of Epsom engagements.
March 18, at 9 a.m. Benazet and Charlemagne out of
Warwick engagements.
March 18, at 11.50 a.m. f. by out of Archeress,
out of Croxton Park plate.
March 18, at 5.30 p.m., Cockfighter, out of all engage-
ments.
March 19, at 9 a.m., Pensioner, out of Grand Handicap
Steeplechase, at Warwick.
19, at 9 a.m., Czar out of Prince of Wales's Stakes, at
Epsom Spring Meeting.
March 19, at 0.30 p.m., Havelock, out of all engage-
ments.
March 21, at 9 a.m., Usher and Miss Elizabeth, out of
the Stamford Plate, at Epsom. '

NOM E N CLAT UR E.
THE FOLLOWING NAMES HATE BEEN GIVEN
B f by King of Trumps, out of Night-
ingale, by West Australian, 2 yrs... Finesse
B f by Wild Dayrell, out of Mary
Stuart, 2 yrs ...

Frailty

Mr. Powell's
Br h by Wild Dayrell, dam by Or-
lando, out of Valentino, 5 yrs ... Wild Wind
Captain Pigott's
Br yearling c by The Lawyer, out of
Duplicity

... The Counsellor