The Sun.
London, England, 1867-12-11 00:00:00

HE FRA*CA S. AT A'E TVMA RKET.

The adjourned summons against the two jockeys—
Henry Parry, of Newmarket, and Thomas Cannon, of
Stockbridge, for the assault ou Nr. James Lethbridge
Templar, cu Newmarket Heath, on the Cambridgeshire
day,was heard at the police-court, Newmark:A yesterday
(Tuesday), and although the case was compromised, the
proceedings were, it will be seen, of an extraordinary
description.

The magistrates cm the bench wore J. Dobode, Esq. (in
the chair), Major Fryer, the Rev. W. Godfrey, and Doctor
Bennett. The court was crow Jed, the auditory including
nearly the whole of the Newmarket trainers and jockeys,
who evinced considerable interest in the proceedings.
Mr. M Tcwather, barrister, of London, instructed by Mr.
Salmon, of Bury St. Edmunds, appeared for the prosecu-
tion ; and Mr. Sleigh, barrister, of London, for the defen-
dants, being advised on the part of Pauy by Messrs.
Ki chancre and Fenn, of Newmarket, and ou behalf of
Cannon by Mr. Leech, of Dc•by.
The magistrates' clerk having stated the charge, ex-
plained that when the case was first gone into on October
29, soon uftar the assault complained of was committed, a
mass of evidence was taken, but he was not aware whether
the counsel desired it to be read.

Mr. Merewether said such a proceeding would not be
necessary. He explained that he had been instructed by
Mr. Salmon to prosecute, which accounted for his presence
there, and he thought himself bound to acquaint the Bench
with certain proceedings which had taken place since the
last examination. He intended frankly and candidly to
put the magistrates in possession of the facts of what had
happened, and would rely upon their good sense and judg-
ment for their approval that what had been done was right
and proper. The prosecutor. Mr. Templar, acting under
the advice of his relatives and friends, the case becoming
more and more troublesome, had consented to refer the facts
to two gentlemen of undeniable integrity, for them to de-
cide whether or not the affair was one to be brought before
the court, and the defendants to be dealt with according
to law. The young men both bore high characters iu
their profession, and several of the masters of ono of
thorn wore personally known to him (Mr. Merewether).
The defendants had always been held in high respect by
their employers, and their characters ha.l done thorn good
service in this case. The result had not boon, as was at
one time feared, of a serious nature to Mr. Templar,.aud
both that gentleman and his friends, considering that the
defendants had been induced in a moment of wild excite-
ment to do an act quite inconsistent with their daily walk
in life and in entire opposition to their previous good cha-
racter, had decided upon the course he had mentioned, and
had taken the case before gentlemen who were in a posi-
tion to command respect. Those gentlemen had been
asked, first, whether or not the case was one to be taken
before the court, and, secondly, what ought to be
done. la taking this course, Mr. Templar stood upon
his undoubted right to do so, and Lord Ailesbury and
Mr. Thomas Hughes, the member of Parliament for
Lambeth, the well-known author, who had clone perhaps as
much good to the world as any other man living, were asked
to decide. He (Mr. Merawether) and his learned friend,
Mr. Sleigh, attended before those gentlemen, and the whole
of the evidence was taken as a fact. He trusted that the
magistrates would allow him to read the decision, because
it was of the utmost importance that the greatest publicity
should be given to it. The learned counsel the read as
follows :

" At the request of all parties we have consented to
arbitrate in the matter of the assault on Mr. Templar by
mounted jockeys, among whom were Cannon and Parry,
at Newmarket, in October, 1867. Wo have considered the
question whether it was a case in which Mr. Templar might
with propriety forego further legal proceedings, and being
clearly of opinion that it was such a case, and Mr. Templar
having consented to forego all further legal redress, we
order, firstly, that the accused p•ty all law costs and ex-
penses which have been incurred by Mr. Templar; se-
condly, that they pay a sum of - for the assault; thirdly,
that they sign an apology, to be dictated by us.

" AILESIILTRY.
" TROMAS HITGIiZS."

Mr. Merewether explained that the blank wit,' left in the
decision because the arbitrators could not agree on the
sum to be awarded to Mr. Templar for tho assault, and
which was to bo devoted to some charitable institution or
otherwise, as Mr. Templar might deem proper. Mr.
Merewethor then read as under :--

"Lincoln's Inn, Dacombor 6, 1867.

" Tho arbitrators, before proceeding to consider the
amount to be awarded for the assault, named Lord Gran-
ville as umpire in case they should disagree; and being
ultimately unable to agree the question of amount was re-
ferred to him. Lord Granville's decision was in the words
following :

" am of opinion that, in addition to the legal ex-
penses, the jockeys should pay the medical expense up to
the end of 1867, and £lOO each fur the assault.
" '(Signed) GRANVILLE.'
" We therefore award accordingly.

" AILESIWRY.
" T. lIUGUES."

Mr. Merewether, in continuation, said the magistrates
would not regret the time ho had expended, having regard
to the prospects of the young men, if such a course as had
been suggested should be come to. He might toll the
magistrates what ho had not disclosed to his learned friend,
namely, that Mr. Templar was a fine, frank young man,
distinguished for great nerve and judgment, and directly
he had had time to reflect ho had set his face as much as
possible against anything the ulterior proceedings of which
would bring any degradation to the defendants. He was
desirous of tempering justice with met cy, and himself had
stated that it went hard against him to take the bread
out of their mouths, as he deemed it was in au unguarded
moment that they had been the cause of injuries to him-
self. There was now a general exhibition of the hand of
mercy to the defendants, and ho (Mr. Merewether) trusted
they felt thankful that the prosecutor's injuries had not
turned out more serious, and that they would retain their
characters, which had stood them in much good stead that
day. Therefore, with the permission of the Bench, he
would withdraw the prosecution.
Mr. Sleigh said he ha l very little to say in addition to
what his friend, Mr. Morewether, had stated. The two
young men who had that day surrendered to their bail had
hitherto borne the most exemplary characters, but in the
excitement they had become mixed up with a disturbance,
for which they were now exceedingly sorry. Mr. Templar
had undoubtedly adopted a wise course. It had been pub-
lished that the Bench had characterised the case as of a
most disgraceful nature. He was not surprised at such an
expression of opinion ; indeed he would have been surprised
had any other been given, but the defendants regretted
very much that in a moment of excitement they had become
mixed up in the affair, the result of which had been per-
sonal injuries to Mr. Templar. Ile (Mr. Sleigh) had no hesi-
tation in saying, however, that had the case gone on, the
number of witnesses who would have been called would
have put a different complexion on the case. He did not
wish to say one single word in extenuation, but it was a
genuine mistake, and the defendants did most deeply de-
plore it. They were fully prepared to accept the decision
come to by Lord Ailesbury and Mr. Hughes, having
suf-
fered agony of mind and torture of suspense which they
would not cease to fool for many a day.
The magistrates thou retired, and after a short consulta-
tion returned. Mr. Dobede remarking that as the prose-
cution was withdrawn there was nothing for the Bench to
consider. They neither expressed their concurrence nor
dissent.

Major Fryer stated that he believed it was himself who
had characterised the assault as a most disgraceful ono.
Soon after the affair his opinion was asked in the matter,
and ho thought it should be brought before the Jockey
Club, who had the control of the Heath during the races.
He regretted that the advice was not acted upon. When
Mr. Salmon stated the case at the first hearing he did so
in the strongest language. He (Major Fryer) was an eye-
witness of the affair, and considered it most outrageous,
and regretted that it had not been taken to a civil court.
Mr. Merewother remarked that he also was an eye-wit-
ness of the affair, and thought it a most extraordinary
scene. As no serious results were now apprehended, the
prosecution would be withdrawn.
The proceedings then terminated.

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