The Sun.
London, England, 1844-08-06 00:00:00

THE SUN, LONDON, TUESDAY EVENING, AUGUST 6, 1844.

HOME CIRCUIT
Guildford, Monday, August .
CIVIL SIDE.
(Before Mr. Baron PARKE and a Special Jury.)
ROBERTS V. DENHAM.
This was an action brought by the plaintiff, Melville
Roberts, against the defendant, Frank Denham, to re-
cover compensation in damages for a breach of his pro-
mise to marry her.
Mr. Sergeant Shee and Mr. Lush were for the plain-
tiff, and Mr. Platt appeared for the defendant.
Mr. Sergeant SHEE addressed the jury, and said that
the plaintiff was a most respectable young lady, and at
the time of her becoming acquainted with the defendant
she filled the situation of governess in the establishment
of a gentleman named Evans. He was instructed by
those who knew her during her period of supposed in-
tended happiness, and who were also acquainted with her
in her misery, that she was a beautiful young woman ;
and it appeared she was only twenty-one years of age at
the time in question. The Learned Counsel proceeded
to say, that the plaintiff filled the situation of gover-
ness in the family of a gentleman named Evans, who
resided at Holyhead, but whose family were staying at
Malta, and- sailed from that place in May, 1843, for
England. The defendant was a pasienger on board the
same vessel. He represented himself to be an officer in
the service of the East India Company, and to be en-
titled to the rank of captain. He was a man about
thirty-five years of age, and evidently occupied a po-
sition of honour and responsibility. He had very agree-
ab!e manners, and it was therefore not surprising, that
he very soon made an acquaintance with the family of
Mrs. Evans, and to Miss Roberts in particular he paid
marked attention ; and there was very little doubt that
before the vessel arrived in England, he had made her
an offer of marriage which was accepted by her. Upon
the arrival of the vessel at Southampton, Mrs. Evans
and her family went to the Castle Hotel, and were ac-
companied by Capt.Denham. After remaining there a few
days the defendant went to London, and from the letters
that he wrote to the plaintiff at this time there could be
no doubt that a very tender and affectionate intimacy
existed between them, and that he intended to make her
his wife. A short time afterwards the defendant re-
turned to Southampton, and he then requested Mrs.
Evans to grant an interview with him, and upon her
doing so, he made a formal offer cf marriage to the
plaintiff, and expressed a hope that she would not offer
any objection to the match. Mrs. Evans, being aware
that the position of the defendant in society was higher
than that of the plaintiff, very properly suggested to him
the propriety of consulting his friends before he took
the step he proposed, but his reply was that he was in-
dependent of his friends, and that he certainly should not
consuls them upon the subject of the choice of a wife, and
he at the same time offered to settle 501 a-year upon the
plaintiff. Mrs. Evans, upon this, offered no objection to
his acquaintance with Miss Roberts, and for several weeks
he was consequently with her as her acknowledged suitor,
and from the correspondence that passed between them at
this time it appeared evident that they were upon the
most affectionate terms. He left Southampton for Lon-
don in the month of August, 1843, and before he did so,
he went so far as to request that the wedding dresses
should be prepared, and every arrangement was made
for the marriage to take place at Holyhead in October.
The plaintiff looked forward to an honourable union with
the man she loved, and remained in that expectation
until the month of October, 1843, when she received the
following letter from the defendant:—
" London, Oct. 9, 1843.
"I am sorry, dear Melville, that circumstances have
occurred which make it out of my power to act as I then
wished ; believe me, I have not so determined without
due thought and mature reflection. I have lost much
money at horse-racing, and the step from that to the mad
excitement of the gaming-table was but short—need I
say more. I must, of course, go out to China as soon
possible, but as economically as possible. I could not
take a wife with me, nor should I like to leave one be-
hind, as I may not be in England for, perhaps, the next
ten years, probably more. Under all these circum-
stances, I think you will agree with me that I am acting
the most prudent part, independently of the certainty of
offending my family, which I should be very loth to do.
Owing to the loss of the Memnon, I have received no
news from abroad, and, of course, I am ignorant whether
anything has come home for me from China—when I
hear I will let Mrs. Evans know. The things you may
either keep or send as you please. You have my most
sincere wishes for your welfare and permanent happiness.
I remain, your sincere well-wisher, " FRANK."
The Learned Counsel proceeded. The jury might
imagine the distress of this unfortunate young lady upon
receiving such a cruel and heartless letter, and to show
the real feeling of the defendant within one short month
of the period when he informed the plaintiff that he
could not take a wife with him to China, and did not

like to leave one behind, he was actually married to
another lady, who he was instructed was possessed of
considerable fortune. Mrs. Evans, the protector of the
plaintiff, upon being informed of what had taken place,
and before the marriage of the defendant was made
public, had remonstrated with him upon his conduct, but
he persisted in his refusal to perform the solemn promise
he had made, and the plaintiff had no alternative but to
make the present appeal to a jury; and he (the Learned
Counsel), called upon them to give such damages as
would show the friends of the plaintiff and the world
that she was not deserted by the defendant for any mis-
conduct, but that her character was pure and virtuous
and without the slightest stain.
The following witnesses were then examined :
Mrs. Mary Theresa Evans examined. I am
the wife of Captain Evans, who now resides at
Holyhead. I know the plaintiff. Sho is twenty-
three years of age, and is engaged as gover-
ness to my younger children, and she accompanied me
and my family to Malta in 1840, and we met the de-
fendant on board the steam-vessel on our return in July,

1842. He appeared to be about thirty-two years of age,
and he informed me that he was a captain in the China

trade, and that he had been abroad for seventeen years.
He paid attention to all my family, but particularly to
Miss Roberts, and they were favourably received. When
we arrived at Southampton we went to the Castle Hotel,
and the Captain went to London the next day,.and did
not return until the 7th of August, at which period I re-
ceived a note from him, requesting an interview. We
had taken private lodgings at this time, and Captain
Denham came to live in the same house. When I had
the interview with the defendant he told me he wished
to make a proposal on behalf of Miss Roberts, expressed
his admiration and affection for her, and asked my con-
sent to address her. I asked him if he had considered
well what he was doing in making an offer to a person
who was dependent, and he replied that he had; and
when I alluded to the opinion of his family, he rephed
he did not think he was bound to consult them, and
added, that he had been independent of his family for
many years, and should not consult them, or any one
else, on the subject of taking a wife. I told him his
situation was superior to that of Miss Roberts, and
pointed out to him that the acquaintance was short, and
asked if he would not take time to consider the matter.
Before this he had offered to settle ha a year upon the
plaintiff. He then told me that his mind was quite made
up, and he was determined to marry her. He asked
permission to visit Miss Roberts as her suitor, and she
appeared very much attached to him. He remained in
Southampton several days, and walked out with Miss
Roberts. At this time the defendant's sister came to
Southampton, but the defendant did not introduce Miss
Roberts to her; and he told me he had originally in-
tended to do so, but had changed his mind, and thought

it had better be deferred. The defendant went away
from Southampton in company with his sister. We
left Malta on the 26th of May, and arrived at South-
ampton in the beginning of July. I know that several
letters passed between the plaintiff and the defendant,
and the latter frequently talked to me about his marriage,
and proposed that it should take place at Holyhead
about the middle of October, and he expressed his wish
that the wedding clothes of Miss Roberts should be
ready; and ho added, that if she was not well provided
he should be happy to place a sum of money in my hands
for that purpose. I told him Miss Roberts had some
money of her own, and if she required more I should
willingly provide it. Wedding clothes to the amount of
20/. were actually purchased. I have not spoken to the
defendant since. I saw him the last time at Southamp-
ton. The letters (produced) are his handwriting. In
October, after I had seen the letter he had just before
Fent to Miss Roberts, I wrote to the defendant and re-
monstrated with him on his conduct.
Sergeant SHEE (to Mr. Platt)—Do you produce the
letter? You have had notice.
Mr. PLATT—No; we produce no letters.
Examination continued—ln the letter referred to I told
the defendant that I considered his conduct ungentle-
manly and cruel, and I received the letter (produced) in
answer. Miss Roberts was very much affected when she
received the defendant's letter, and has been ill ever
since. The plaintiff has lived with me several years,
and her conduct has been unexceptionable in every
respect.
Mr. GREENWOOD—The children under Miss Roberts's
care were four, five, and six years of age. Her salary
was 20/. a year. She was not nursery maid. I had a
nursery-maid besides in my establishment. I had an-
other governess for my eldest daughter, who is fourteen
years old. On the voyage home the defendant made
no secret of his affairs. He said he was captain of a
merchant vessel, that was wrecked on the coast of China,
and the greater part of the crew were murdered, and he
himself was taken up the country and tortured, and con
fined for eight months. He also said that he and six
others were liberated upon the conclusion of the war
with China. He used to relate the history of his sufferings,
and I have no doubt the children and the governesses
listened to him. I knew that his sister was at South-
ampton, but, as Miss Roberts did not appear to desire an
introduction to her, I did not interfere. The defendant
said if the introduction took place his sister would ery,
and there would be a scene which he did not wish to
see. We all lived in the same house at this time. 1 told
the defendant that I thought such unequal marriages
were unwise, and that it might produce unhappiness if
the lady were not received in his family. He told me
that he had been seventeen years absent from England.
Captain Evans examined—l have been for many years
commander of a vessel belonging to the Government. I
did not become acquainted with the defendant until his
arrival at Southampton, when he told me that he ex-
pected to get 6,0001. compensation for opium that had
been seized by the Chinese. He also said he had a few
thousands besides, and consulted me as to the best mode
to employ it ; and he likewise told me that he had
freigi-;ted a ship, which he expected home very shortly.
I did not come home from Malta ; but my wife intro-
duced the Captain to me. I observed that ho paid Miss
Roberts such attentions as are usually paid laymen to a
wpman, witll whom they are on the eve of marriage.
.eoltedunroemrstcoohdins h. e ws
Cross-examine&—llp (lid not tell me lie was in debt
when he went to London, and that he was going to get
wale money.,
Captain Denham
going
to nieet
dined the
..e ~y,,.
s,s Southampton with his sister,
',lsintiff was

VOSSei .....

with me several timb4
but Miss Roberts did not dine with us.
about fourteen years old when she first came into our
eryice ; but she never acted as a nursemaid. lier

father was suddenly killed by an accident, and chiefly
out of charity I took her into my establishment, where she
behaved so well, and her conduct was so excellent in my
establishment, that she was eventually trusted with the
care of everything in the house.
Re-examined—Miss Roberts dined with the children.

By Mr. PLATT—The other governess dined with us.
Mr. Richard Waltben, attorney for the plaintiff, pro-
duced a letter which he had written to the defendant,
requiring him to make some compensation for the injury
he had inflicted upon the plaintiff. He subsequently
saw the defendant at his office, and he admitted he had
done the young lady great wrong and offered her 501.
as compensation, and at the same time said that he was
married.—(The certificate of the marriage of the de-
fendant with Eliza Lacey on the 15th of November,
1843, at Nettleworth, in York, was then put in and read.)
He afterwards saw the defendant at Dover, and told him
that his client refused to receive the sum he had offered,
and he then said he would give 2001. as compensation.
Witness had no opportunity of consulting the plaintiff
respecting this offer, as the defendant immediately em-
ployed a solicitor. At the time witness saw him at
Dover he was occupying a house in Waterloo-crescent in
one of the best situations in Dover.
Cross examined—Witness went down to Dover to
serve the defendant with process, as he was acquainted
with bis person. Defendant did not say he would rather
give 2001. than be prevented from going to China. Did
not tell him that what he said would be used against
him, but he advised him to consult his attorney.
-The letters were then put in and read, and this closed
the plaintiff's case.

Mr. PLATT rose to address the jury for the defendant,
and he observed that he was instructed at the onset to
state that there was no intention to cast the slightest
slur upon the character of the plaintiff, whom he be-
lieved to be, as stated by the witnesses, a virtuous and
honourable young woman; and his only object would be
to put the case in its real light before the jury, in order
that, if they should consider the case made out, they
should only award such reasonable damages as the cir-
cumstances of the case required. The Learned Counsel
then proceeded, at some length, to comment upon the
circumstances under which the intimacy had first taken
place, and he admitted that the defendant had made a
hasty promise, which, upon calm consideration, he felt it
was impossible for him to fulfil. He contended that the

plaintiff was not seriously injured, and said that, if she
had been married to the defendant, it was quite clear
that his family would never have countenanced her, and
the union could only have been productive of misery
and unhappiness. The Learned Counsel then went on to
remark upon the case, his observations chiefly tending to
induce a mitigation of the damages.
Mr. Baron PARKE having summed up, the jury, after
a short deliberation, returned a verdict for the plaintiff—
Damages, 8001.

THE BLOODSTONE CASE.
HERBERT V. DAY.
This was a feigned issue, directed by the Court of
Queen's Bench, to try whether the plaintiff, the owner
of the horse Bloodstone, or the defendant, the owner of
another horse, called Old England, were entitled to
stakes run for at the last Ascot races.
Mr. Sergeant Channell, Mr. Petersdorff, and Mr.
Lush, were for the plaintiff ; Mr. Platt and Mr. Willes
appeared for the defendant.
When the case was called on, Mr. PLATT intimated
that both the horses in dispute were in the neighbour-
hood, and he suggested that the jury should go and see
them.

Baron PARKE thought it would be well that they
should do so, but none of the jury must be allowed to
speak to any person.
Mr. PLATT said the attorney on each side had better
accompany them.
The jury accordingly retired, for the purpose of ex -
amining the horses, and were absent for about half-an-
hour. Upon their return, the cause was proceeded with.
pleadings, and said, this was an
Mr. Lush opened the
issue directed by the Court of Queen's Bench, to try
whether a certain colt, named Bloodstone, which came
in first in a race at the last Ascot races, was foaled in
1842, and whether its sire was a horse called Bubastes,
and its dam a mare called Romaike.
Mr. Sergeant CHANNELL then briefly addressed the
jury, and said that the plaintiff in this action was an at-
torney, and the defendant was a trainer of race-horses,
and the jury would, no doubt, understand from the
pleadings, the nature of the case that would be- laid
before them. It had become a matter of notoriety, that
gross frauds were alleged to have been practised at cer-
tain races, but he was satisfied that this would not in-
fluence the jury, in coming to a decision upon the pre-
sent case ; but that they would decide upon the evidence
that would be adduced, and which he had no doubt would
satisfy them that the plaintiff's horse was really the
horse he was reported to be, and that he was entitled to
the stakes in the race he won. lie did not complain that
any gentleman connected with the turf, who imagined
that fraud had been perpetrated, should take the ne-
cessary steps to have a full inquiry, but surmises and pre-
judices ought not to be allowed to weigh against positive
evidence. It would be his duty to lay before them
all the circumstances connected with the birth, parentage,
and education of the colt in question, and he had no
doubt that he should be enabled, by the most satisfactory
evidence, to make out that he was properly described.
Upon his running the race, however, an objection was
made to him, and the stewards took advantage of the
power given them by the Act of Parliament to raise the
present question for the decision of the jury. The
Learned Counsel then said that in 1839, the mare
Romaike was purchased by Mr. J. Newton, at Don-
caster, and was eventually used by Mr. Weatherby as
his hack, but eventually she was sent to a horse be-
longing to Lord Exeter, called Bekaa], and in due time
brought forth a foal. It would be shown that this foal
had a remarkably handsome head, and from other
circumstances was well known. In 1842 the same
mare was sent to Bubastes, having at the time the
former colt at her foot, and in April or May, the
colt in question was foaled. They were both
chesnuts, but the latter was more of a racing kind of
colt, and it would be shown, besides a white blaze up the
face, had two white hind heels, and as he was instructed
this was the colt that had been entered for the race at
Ascot, and which was entitled to the stakes. He should
show them that the first colt went on very well until the
month of October, 1843, when an operation was per-
formed upon him which brought on inflammation, and
he died very shortly afterwards. He understood an at-
tempt would be made to show that the horse which won
the race at Ascot was not the Bubastes colt foaled
in 1842, but the Beiram colt foaled in 1841, but he
felt satisfied that the evidence be should adduce
would clearly negative such a supposition. The
Learned Counsel went on to say that the colt
Bloodstone, being a likely looking colt, was carefully
attended to, fed with cow's milk night and morning, be-
sides the nourishment it derived from its dam, and grew
up a fine animal, and in 1843 it was sent to a person
named Jones, at Rockley, to be trained, and very soon
afterwards it was purchased by the present plaintiff, and,
while in his possession, won the race in question. He
should prove all these facts by witnesses, and he hoped
that, if the other side attempted, by any theoretical
opinions as to the age of the animal, to show that he
was older than was pretended, the jury would not suffer
such doubtful testimony, at the best, to weigh against
the positive evidence of the persons who had known the
colt all their lives, but that they would give their verdict
upon the evidence alone.
George Warner, examined by Mr. PETERSD )IIFF—I
am a trainer, and live with Mr. Cooke, of Bromsgrove.
I remember a mare being taken to Mr. Crockford's, in
1835, to a horse called Rowton. She had a foal on the
7th April, 1836. It was a chesnut filly, with a small
white spot on the forehead, and another small dark spot
on the near hind quarter. She was afterwards called
Romaike. This filly remained at Mr. Cooke's till 1838,
when she was taken to John- Robinson's at Newmarket
to be trained, and she ran for the Guy Stakes at War-
wick, and was beaten in 1839. She was sent to Doncas-
ter on the 14th or 15th September in the same year, and
she was sold by Mr. Tattersall, and afterwards returned
to Mr. Wetherby. I saw the mare again on the 17th
may, last year, and I have seen her to-day in Guildford.
Mr. Richard Harmer showed her to me in May at Wal-
ton Hill, near Tewkesbury. I am sure she is the same
mare that was sold to Mr. Wetherby.
Cross-examined—Th© mare was advertised for sale at
the time she was shown to me by Mr. R. Harmer. She
was at Walton, I believe, but I do not know whether Mr.
John Newman was there also. I was present when Mr.
Tattersall sold the mare to Mr. Wetherby. I did not
receive any present upon the sale. She was sold by
auction. It is difficult to tell who are bidding on those
occasions.
Re-examined—The mare was sold for 65 guineas.
Mr. John Newman, examined by Mr. Lusu—ln 1839
I became the owner of Romaike. She was purchased
for me by Mr. Wetherby, and he rode her as his hack
at Newmarket, at the October meeting, and he subse-
quently sent her to Lord Exeter's horse Bieram to be
my father's house at
n Tewkesbury, covered. I sent my brother William for her in Novem-
ber, 1840, d h
Walton, near he remained there
till she foaled, on the 29th day of' April, 1841.
The colt was never "christened." That colt
aeewesbu brought
ry, her
in to
foal.s
died last year, while I at Newmarket.
from castration. He had been sent with his dam to
Hicks's at Atherley, and remained there for six weeks,
when he and the mare came back to Walton, and the
thwßeinctha to Mr. Hicks's I had
sold the mare to my brother Richard, and a man named
Handley took him to Hicks's. The Beiram colt died in
Mr. Hicks's I had
r
colt remained there until its death in the October fol-
lsoowldintghe Before
October or November, and the mare was sent to Hicks's
to be covered by Bubastes, and remained there until the
spring of 1843. She foaled at Walton-hill on the 10th
t o
eb mare
eer
•
April, 1842, and I and my brother Richard were present
at the time. The mare was kept at home all the season
in order to give the colt every possible chance,
by allowing her to suckle the colt. He was
fed with corn as soon as he could possibly eat it, and
had also cow's milk night and morning. The mare
suckled the colt till the Ist January, 1843, and cow's
milk was given it after it was weaned. That colt was
called Bloodstone. lie remained at Walton till August,
1843, when I took him to Jones's, at Rockley, to be
trimmed, and he never after that was at 'Walton. I saw
the colt run at Ascot, and am sure it is the same I took
to Jones's. I have seen it to-day, and know it to be
the animal that was at Ascot.
By the COURT—And the same you saw foaled ?
Witness—Yes.
Examination continued—l have lived at Walton ever
since I was a boy. The mare Romaike remained at
Walton till the spring of 1843, when she was sent to
Mr. Sadler's, of Soolibridge. I page seen gip same
Mare tolday at Guircliba The Beiram colt was a bright
ehesntit; had a beautiful head, short ears, and a white
streak dawn his face, and white on his two hind heels.
He had a dark mark, a spot or two about him, but I
don't recollect where. Bloodstone was a chesnut—not
so bright as the other. He has a white star on the fore-
head, and a white mark on the near heel. He has capped
• lc curbs. Bloodstone has a
hocks anu

long, thin head—not near so handsome a one as the
Beiram colt.

Cross-examined=—There are three brothers and a fa-
ther living at Walton. For several years I have fol-
lowed the race-course. In 1840 I laid some bets which
I did not pay. I think it was about 850/. I paid as far
I could. According to the new rules a horse cannot be
entered in my own name. My brother Richard rode a
steeple chase lately when there was a dispute about the
cup. His winning the race was disputed, but we did not
steal the cup. Some wine was put into it and we took
the cup away. Some few sovereigns were laid upon the
race but my brother was not paid. Romaike was sold in
1841, s.nd I afterwards wrote a letter to Mr. Sadler,
when she was sent to his place. This is the letter (pro-
duced). I don't think that I represented that she be-
longed to me after 1841. I won some bets of Mr. We-

therby, but he did not refuse to pay me because I was
a defaulter. There was an inquiry before the Jockey
Club, but they did not say that he was justified in
not paying me because I paid nobody else. I cannot say
whether the letter (produced) is my brother Richard's
handwriting. There is a likeness, but I cannot swear
either way.
Baron PAußE—Don't you know your brother's hand-
writing ? Witness—Yes, my Lord, but I cannot speak
positively to this.
Mr. PLATT here handed several letters to the witness,
and questioned him as to his belief which were written
by himself and which by his brother ?—He said they
were not written by himself, and he could not tell whe-
ther they were written by his brother, but there was a
resemblance.

Cross-examination continued—l know a horse-dealer
named Crook. I never sent Romaike to Mr. Gibson's,
neither do I know of my brother having sent her. I
know a man called Harry Hicks. He never was the
owner of the horse called Bubastes. I never told Hicks
that I had sent Romaike to Mr. Gibson's in Crook's name,
or that I had sent her as a half-bred mare. I may have
called upon Hicks shortly before the Warwick Spring
Races, 1842, but I do not recollect telling him to
ask Mr. Gibson what he would charge for a half-
bred mare called Liverpool. I know he had a
thorough-bred mare called Liverpool. I never
told him that Gibson would take a few half bred mares
at ten guineas, nor did I ask him to tell me the exact
day when Romaike was covered by Bubastes, as I was
afraid she had gone over her time. I never told him
that I had received a letter from Gibson by which I
learned she had not foaled. I did not see Hicks refer to
his book. I never told him that I had been to Gibson's
to see the mare, and that the Bubastes foal was the best
I had ever seen at Gibson's; and I did not say that Mr.
Partridge had driven me over. I walked over with Mr.
Partridge, but I did not see either Romaike or the foal.
I went for the purpose of seeing Liverpool. My fond-
ness for horses led me to do so. I did not in autumn of
1843 ask Hicks for a stamped receipt for the money paid
for covering my two mares in 1841. I have only had one
mare covered at Hicks s. I did not suggest that a re-
ceipt should be given for 1842, and he did not say to
me, " How can I do that when I had no mares there in
that year?" I did not say to him " that does not matter."
I was at Ascot Races this year, and saw Harry Hicks
there. I was not present when Mr. Herbert complained
of having been deceived by the Newmans in buying this
colt as a two year old. I did not go to Gibson's twice to
look at the mare, but after I had dined with him one
day, he pointed out several mares, and, among others,
one which he said belonged to Crook. Upon my oath,
that mare was not Romaike. Bloodstone was a good-look-
ing colt, and had some very good points. He was a very
good breeder. I did not speak to the jockey that rode
Bloodstone at Ascot, and tell him to win, just before the
race. I did tell him if the horse was out-paced in the
last quarter of a mile, to pull him up, as he had pulled
up lame the day before. It was a malicious statement of
Bell, the jockey, to clear his character about Leander at
any sacrifice. I engaged Bell to ride for Mr. Herbert,
but I declare I never told him not to win. The letters
(produced) are in my handwriting, but signed with my
brother's name.

Re-examined—l had nothing to do with the steeple
chase that has been mentioned. Mr. Gibson was at Castle
Bromwich. The mare that was shown to me at Mr. Gibson's
was not Romaike. She looked to be a well-bred mare, but
was in very bad condition, and appeared to have a surfeit
on her. She had a mean, scrubby tail, with very little
hair on it. This was in 1842. Romaike had a very long
tail, nearly, if not quite, dragging upon the ground.
When Wetherby bought her she had a long tail, and
afterwards it was suffered to grow, and was very long
when she came from Lord Exeter's. I engaged Bell,
at Epsom, for Mr. Herbert, to ride his horse Bloodstone,
at Ascot, and I recollect the day of the race. A filly,
called Carissima, ran in the race with Bloodstone, and I
know that her leg was injured. I told him to ride with
his hands and knees all through the race, but if he found
himself out-paced in the first quarter of a mile, he was to
pull up, but if not, he was to ride through. Bell had told
me the horse pulled up lame the day before, and this
was the reason I gave him these instructions. It is im-
possible Romaike could have gone away from Walton
more than a week without my being aware of it. The
shortest time a mare could be left to be covered would
be two months, and I must have known it if she had
been taken away for that purpose.
By the Coura—My brother gave me 501. for the mare
Romaike.

William Newman examined—l keep the Bell Inn at
Monmouth, and I remember going in November, 1840,
to fetch a mare from Lord Exeter's, at my brother's re-
quest. I paid the bill and brought the horse away, and
on my way home I stopped at the Star, at Leamington,
and the mare was shown. She was the mare Romaike.
She subsequently had a foal. It had a remarkably fine
head, a white streak down the face, and white heels.
The colt was only known as the colt by Beiram. I was
present with several other persons when the operation
was performed in October, 1843, and it died about a
week afterwards from inflammation. I first saw Romaike
at Hicks's in 1842, and she then had the Beiram colt at
her foot. She was covered by Bubastes in that year, and
I first saw her foal by that horse in May, 1842. It was a
chesnut colt, with a white heel and a white star on his
forehead. I did not notice any other marks. At the time I
saw him he had rather a coarse head. I saw him in
June and July, 1842, and I continually saw him from
that time until Tewkesbury races, 1843, and I then
heard he was going to be sent to Jones's, to be broke
and trained. The colt suckled till a late period, and had
cows' milk night and morning.
Cross-examined—l live at Monmouth, thirty-three
t
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bwrt. twohdwrey: placeh,doa rtndtbdhne wemoc
aymlne where
animal
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was
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s
anywhere " particular" at this time, but I am sure
I slept at Walton the night before. lam not aware that
the Beiram colt was vicious. I don't know that it is not
customary to castrate a thorough-bred horse, unless
there is some particular reason for it. I do not know
for what cause this colt was castrated. I never bred any
race horses. I should not think it was a good thing to
make a race horse as weak as I could. I lived upon the
bounty of my wife's friends for four years, and --until
about six months ago, when I took the public-house.
Re-examined—The Beiram colt was a rather short
cobby colt, but with a remarkably fine head. From his
appearance, my brother considered he was not fit for the
race course, and I know he never intended to run him.

Mr. Oliver, examined by Mr. LUSH—I remember the
last witness coming to my house at Leamington, in 1840,
with a mare which he told me was Romaike, and that he
had brought her from Lord Exeter's. I have seen the
mare several times since. I first saw her afterwards at
Walton, and at that time she was in foal. I saw the
colt the day after she had foaled, in April or May, 1841,
and I saw the colt running with the mare in the paddock
several times afterwards. It was a chesnut colt with
two white heels and a white face, and the smallest head

I ever saw put on an anima. I saw the same mare with
a second_colt. That was also a chesnut, with a white

star on the forehead and:one white heel. The last timo
I saw the second colt was in July or August, 1843, and I
then noticed that he had capped hocks, which I had never
seen before in a young horse. I saw the same colt twice
at exercise at Jones s at Rockley. The first was a
small colt, but the second was a long racing looking colt
—a very fine colt. I saw the same colt at Ascot, and I
have seen it to-day in Guildford, and I can swear it is
the same.

Cross-examined—l am in the habit of going to races.
I have never been at Doncaster races. I know the
Newmans very well. I am not a business man. I have
now and then had a little touch at dealing in horses.
With a strong colt you may begin to handle some at 18
months old. I am not much in the racing line—mine
is more in the steeple-chasing profession.—
(Laughter.) I did not ride the race when the Newmans
took the Cup away. I have had entire horses run in
my name, and it is very common to ride entire horses
when they are not vicious. I don't know that gelding a
horse renders him more weak, but geldings are always
allowed three pounds. I am sure I have not sold five
hundred horses in my life. I may have sold one hun-
dred, but I will not say two, for fear I should tell a
story.—(Laughter.) I saw the second colt for the first
time in May or June, 1842, anti it looked as much like
racing as ever was seen. It was not quite so well over
the loins.—(Laughter.) He was not exactly weak in
the loins. I never saw the colt taking his milk and
bread with a spoon.--(Roars of laughter.) I never saw
a basin of milk taken out to him.—(Renewed laughter.)
I had heard the Newmans say the mare was a bad mo-
ther, and that they fed the colt on cow's milk and flour.
Richard Newman, examined by Sergeant CHANNELL—•
I remember the mare Romaike being at my father's, at
Walton, and I first saw her in November, 1840, at
which time she was in foal. She had a very full tail,
nearly, or quite down to the ground. The mare foaled
in 1841, and I understood the sire of the colt was the
horse Beiram. He had as nice a head as could be seen,
and I thought he would grow into a nice tight cob. I
bought the mare of my brother for 50L, and I took her
with the colt, to Mr. Hicks's, and she was covered
there by the horse Bubastes ; and I left the mare at
Mr. Hicks's. I sent for her in about three weeks, and
when she was brought back, her tail was in the same
state as I have described. She was very fine in her
coat, and there was nothing whatever the matter with
her. I was present when the mare foaled the second
time, and the first colt was upon our premises at the
time. They were both chestnut colts, but the last
one had a star in the forehead and had
one white heel behind. He had not near such a good
head as the first colt had. I gave the second colt corn
before he was a month old, and he had cows's milk as well
as being suckled by his dam. I thought the colt was
suited for the course, but the colt by Beiram was net;
I:veanpdrohpaedr
ncooursstreidtoe
caasnd4.attheehreitofo,reet,
littlesliwthwoaufllati
about
-Tim. He was very ill after the operation, and
died from the effects of it, and his body was cutup for
the dogs. Ido not know what became of the skin, but
I generally send my skins to Tewkesbury. It was with
was
fellow I o t
be tried. I sold it to Mr. Herbert in May last for 3001.,
my consent that the second colt was sent to Jones's to
and I was to have 5001. more if he won the next Derby,
for which race ho is entered. I had aclver-