The Sun.
London, England, 1866-12-31 00:00:00

SPORTING NOTES.

Admiral Rous having been requested to give his opinion
respecting the effect upon bets and other contingencies,
consequent upon "Soiled Dove's" disqualification, has for-
warded the following elaborate communication to your
well-known contemporary Bell's Life
Sir, —I have been asked to explain the position of Soiled
Dove with respect to the adjustment of the bets on the
races she won. Secondly, on the legality of the transfers
by claims, and by sales at auction, after coaling in first for
the Selling Stakes. Lastly, to specify the penalties at-
tached to her.

Soiled Dove was sent to Mr. R. Boyce from Mr. Mar-
sou's stable in Belgium. She was entered for the Brockles-
by Stakes, January, 186 G, at Lincoln, byMr. R. L.Arn old, as
" Filly by Rover out of half-bred mare (pedigree un-
known.") For this engagement she did not stmt. Iu the
First Spring Meeting, at Newmarket, she was entered as a
two-yr-old for a 10 Sovs Selling Stakes, by Mr. Shield, of
Northampton, who registered under the' name of "W.
Wallace." As she was very backward iu condition, and
ran second, she was claimed, under the Newmarket rule,
by Mr. Chaplin. She ran four times in Mr. ch:tpii,fB pos-
session, and won one match and two selling stakes, in the
last of which she was claimed by Mr. Ten Broeck. In the
Second October Meeting, Soiled Dove claimed purchase
in a selling stake ; and at Warwick November meeting,
she, as the winner of a selling handicap, was sold to Mr.
Nightingall, when Mr. Golby, the owner of the second
horse, objected to her age.
The stewards of the Jockey Club decided, by rule 17,
that Soiled Dove, being three years old, was disqualified
for all races she had won during the past season. They
ignored the subject of bets in conformity with the 10th
rule and order of the Jockey Club.
On this point it is perfectly clear that the backers of
Soiled Dove must refund not only their winnings, but the
money they staked upon her in every race. Precedents—
Bloodstone, 1844, and Running Rein, 1844.
RULE 2 OF BETTING CODE.—"If a horse starts for a race
for which he is legally disqualified, making himself liable
to the penalties in Rule 17, the bets will go with the
stakes, whether any objection be made either before or
after the race."

Secondly, the sales by auction at Hampton and War-
wick are void, and the money must be refunded. The
claim of Mr. Ten Broeck on Mr. Chaplin, and Mr. Chap-
lin's original claim, are nullified, and Soiled Dove cannot
legally claim the Tribute filly in the Second October
meeting.
The penalties annexed are that Soiled Dove must be re-
burned to Mr. Wallace, alias Shield, who intimates that
the filly was the property of General Shirley. Mr. Weather-
by has written twice to General Shirley for explanations,
and has not received an answer. Soiled Dove is for ever
disqualified for running for a public prize.
REMARKS—There has always been a suspicion that there
was something wrong. It is in evidence that Mr. C. Mar-
son was told by his stable lad that this filly was two years
old in 1865 ; and this fact was verified then by a veteri-
nary surgeon. This secret Mr. Marson kept until it be-
came valuable evidence, and his excuse that owing to liv-
ing in Belgium, he was ignorant of Soiled Dove's perform-
ances, is, to me, incredible. Equally strange, that three
clever trainers, under whose care she was for ten mouths,
who have been looking at horses' mouths for 40 years,
could not detect three year old teeth.
The 15th Rule demands a certificate from the proper
foreign authorities. No person applied for it. Tho Stew-
ards of the Jockey Club aro ready and anxious at all times
to enforce the law. Thus, in this instance, the most com-
mon precautions have been neglected, and the natural
result is a grievous amount of serious disputes which may
not be settled for six months.—l am, sir, yours truly.

H. J. ROus.

Berkeley-square, Dec. 26, 1866.
The Admiral's arguments are, as usual, lucid and clear,
but I think, under the circumstances, the innocent backers
of this filly have good grounds for objecting to one part of
this decision. Having had the evidence of two experienced
veterinary surgeons that the animal had been incorrectly
entered as regards age, the Jockey Club were justified, and
acted in a perfectly consistent manner, in disqualifying
her for all her engagements. The decision of bets, how-
ever, comes before another tribunal, and I contend that
Rule 17, or, at any rate, that portion of it which concerns
the bets, has no right to be applied to this case without
much stronger evidence than has been adduced in the
Admiral's letter. In the first place, it quotes several rules,
amongst others Rule 15, quite applicable to the purpose,
and which cannot be gainsayed ; but on reading Rule 16,
which is not quoted, viz.—" If any horse, dm., shall
be named or entered without being identified as before di-
rected, he shall not be allowed to start in the race, but his
owner shall bo liable to pay the forfeit, or, if a play or pay
race, the whole stake," I think it cannot be denied that
some of the officials of the Jockey Club have been guilty
of negligence, especially where thousands, indeed tens of
thousands of pounds are at stake. The simple question,
therefore, is, as she ran second in the First Spring Meet-
ing at Newmarket, and was then claimed by Mr. Chaplin,
is it not monstrous to inflict such a serious loss upon him
and a host of others when it has been incurred entirely
through the gross negligence of some of the Newmarket
officials of the Jockey Club, who accepted the nomination
or entry in direct opposition to the above rule. The only
excuse to be made on behalf of the stewards is that it is
not part of their duty to enforce it, but in such case it cer-
tainly ought to be, and it is quite clear to my mind, in
any court of justice the Jockey Club and Mr. Chaplin
would join issue on very much pleasanter terms to the
latter gentleman.
Again Admiral R mis says, "it is in evidence that Mr.
C. Marson was told by his stable lad that this filly was two
years old in 1863, and this fact was verified then by a
veterinary surgeon." I presume when the word " veri-
fied" is made use of, it is on the ipse dixit of Mr. Marson,
who, it is patent, had left his late employer, Gin. Shirley,
through some unpleasantness, and who, I believe, had
been in England for some weeks at least, previously to
divulging the secret. The Admiral goes on to say :
" This secret Mr. Marson kept until it became valuable
evidence, and his excuse that, owing to living in Belgium,
he was ignorant of Soiled Dove's performances, is to me
incredible," which clearly proves the necessity of obtain-
ing more satisfactory evidence than is given by the party
in question.
In conclusion, permit me to quote some remarks which
I made in your paper of the 3d inst.:—
'• The Soiled Dove objection, it is generally thought,
will be substantiated, and, if so, there is no doubt all bets
must go to the second horse, according to the present rules,
in all those races of which the filly was declared the win-
ner; and I contend this is a far greater hardship on Mr.
Chaplin and other owners, who are entirely innocent in the
matter, than it would have been to decide the bets against
the owners and backers of Landlord. In fact those rules
ought to have no exception, and be like the lawe of the
Modes and Persians, which do not alter. But one rule
stultifies another, and when au objection is lodged, it is a
common topic of conversation in the best-informed racing
circles that it is quite a toss-up which way the decision
will be given."
The season of 1867 commences as usual at Manchester
on New Year's and the following day. To analyse the
chances of the competitors in the different races is very
much on a par with looking for a needle in a hay stack.
Still, if NUNEATON runs with Walter W bite in the saddle,
his winning the first day's Hurdle race ought to be a cer-
tainty. THE ROGUE and CRUSADE are both well in the
City Steeplechase Handicap, and for the Trial Handicap
BLUE CAP and FAT 808 take my fancy most. The second
day's racing will be entirely dependent upon the previous
running, as the same animals are engaged, and I dare not
thererore make any suggestions.

The " Voightlander" case was heard at Croydon on
Saturday, and resulted in the ignominious defeat of the
Society for Prevention of Cruelty to Animals, whose
summons against Mr. Crawshaw was dismissed with costa.
It will probably be a salutary lesson to the secretary, Mr.
Colam, not to interfere with one of our national sports,
but at least I have no doubt many of the society's former
supporters will tako carp not to find funds to aid him in
such a ridiculous prosecution for the future—verbum sap.
A FRESH MAN.

PLAUDIT FOR THE Two VIM/SA:CD CitlgEA/L—Argus,
in this Morning', Post, say,,, In tho meanwhile I may
tell your readers, with L-
- breakiug any confidence, that 1
met Major Elwon,' the owner of Plaudit, this (Sunday)
afternoon, and he assured me he had backed his horse for
the Two Thousand for a certain sum, and that if ho wad
well and stood a preparation, as he had every reason to be-
lieve ho would, he should certainly start him for that race."
So much for the authority of a weekly contemporary, who,
the week after "A Fresh Mau" had selected PLAUDIT
to win the Two Thousand,, stated the exact reverse of
this.

VENGEANCE OF AN ELEPHANT.—A serious acci-
dent occurred at Jersey on Saturday evening to a man
named Williams, the result of his own imprudence. The
unfortunate man is one of the grooms engaged at a circus,
now stationed in St. Helier's, and of which an elephant
named "Billy" forms a prominent feature in the entertain-
ment. After the evening's performance Williams went
into the stable to the horses, accompanied by a soldier of
the 69th Regiment. Whilst giving water to a horse stilled
near the elephant the latter reached out his trunk to the
pail. Williams hit the animal ou the trunk, and refused
to let him drink. Although not the keeper of the elephant
he resolved to show his companion his mastery over the
animal, and ordered him to lift first one foot and then the
other, and do other portions of his performance. The
beast did so till his patience was exhausted, when he
threw his trunk round Williams and dashed and rubbed
him against the wall of the stable with such force that he
was taken up half dead, bleeding most profusely. He was
conveyed as speedily as possible to the General Hospital.
It is feared that he is fatally injured.
RESPITE OF A MURDERER.—LEEDS, Sunday
Evening.—Henry Gabbiter, aged 16, who was found guilty
at the recent assizes of the wilful murder of his fellow-
apprentice, Arthur Allen, at Sheffield, has had his sentence
respited. The respite, which was received yesterday
morning by Mr. Keene, the Governor of Armley Gaol,
Leeds, was signed by the Right Hon. S. H. Walpole, the
Home Secretary, and was as follows :—" I am commanded
to inform you that the sentence of death passed upon
Henry Gabbiter is respited until further signification of
her Majesty's pleasure." Upon the receipt of this com-
munication Mr. Keene at once informed the convict that
the clemency of the Crown had been extended to him, and
that, should the usual custom be followed in his case, in-
structions would be received in a few days from the clerk
of assize intimating that the sentence of death had been
commuted to that of penal servitude for life. Gabbiter
exhibited great emotion at this grateful intelligence and
wept copiously. He also stated that he did not care so
much for imprisonment for life, because he felt that his
crime fully deserved such_t. punishment.

TATTERSALLS'—This Evening,

TWO THOUSAND.
4to 1 agst Plaudit (taken)
12 io 1 agst Grand Cross (taken)
12 to 1 agst Julius (taken)
DERRY.
8 to 1 agst The Rake (offered)
10 to 1 agst Plaudit (taken)
20 to 1 agst Dragon (taken)
30 to 1 agst Master Butterfly (taken)
100 to 3 agst Marksman (taken)
1000 to 15 agst The Priest (taken)
1000 to 12 agst Avron (taken)
1000 to 12 agst Star of India (taken)

NEW SOU at WALES.

SOUTHAMPTON, Dec. 31.

Advices received here from New South Wales
by the Shannon state that the Legislative Assembly
had passed through all its stages, after a fierce
struggle, a bill making public education more un-
sectarian, and extending the public school system
into thinly populated districts.

Great preparations were making for the ade-
quate representation of the industry of the colony
at Paris.

The Tenterfield Bank robbers had all been eon-

victed.

Large numbers of unemployed men had solicited
the American consul to grant them a free passage to
America.

The Bank of New South Wales had declared a
dividend of 9 per cent.
The 15th Regiment had arrived out.
Her Majesty's ships Curacoa and Eclipse had
sailed for England.