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

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

HOME CIRCUIT father was suddenly killed by an accident, and chiefly • long, thin head—not near so handsome a one as the
Guildford, Monday, August
out of charity I took her into my establishment, where she Beiram colt.
.
CIVIL S
and a Special Jury.) SIDE. behaved so well, and her conduct was so excellent in my Cross-examined—There are three brothers and a f',-
(Before fir. Baron
establishment, that she was eventually trusted with the ther living at Walton. For several years I have fol-
ROBERTS V. DENHAM. care of everything in the house. lowed. the race-course. In 1840 I laid some bets which
PARKE
Re-examined—Miss Roberts dined with the children. I did not pay. I think it was about 8501. I paid as far
This was ea action brought by the plaintiff, Melville
Roberts, against the defendant,a for a breach of his pro-
By Mr. PLATT—The other governess dined with us. I could. According to the new rules a horse cannot be
cover compensation in
Mr. Richard Walthen, attorney for the plaintiff, pro- entered in my own name. My brother Richard rode a
mice to marry her. s Frank Denham, to re-
duced a letter which he had written to the defendant, steeple chase lately when there was a dispute about the
Mr. Sergeant Shee and Mr. Lush were for the lain- requiring him to make some compensationfor the injury cup. His winning the race was disputed, but we did not
pl
tiff, and Mr. Platt appeared for the defendant. he had inflicte I upon the plaintiff. He subsequently steal the cup. Some wine was put into it and we took
saw the defendant at his office, and he admitted he had the cup away. Some few sovereigns were laid upon the
Mr. Sergeant SHEE addressed the jury, and said that
the plaintiff was a most respectable young lady,the young lady great wrong andoffered her 50/. race but my brother was not paid.° Romaike was sold in
as compensation, and at the same time said that he was 1841, end I afterwards wrote a letter to Mr. Sadler,
the time of her becoming acquainted with the defendant
married.--(The certificate of the marriage of the de- when she was sent to his place. This is the letter (pro-
done .
she filled the situation of goveeness in the establishment
a and at
, fondant with Elias Lacey on the 15th of November, . duced). I don't think that .1 represents it that she be-
of a gentleman named Evans- He was instructedl . e
1843, at Nettleworth, in York, was then put in and read.) longed to me after 1841. I won some bsts of Mr. We-
those who knew her during her period of supposet in.' '
lie afterwards saw the defendant at Dover, and told him therby, but he did not refuse to pay 111i2 beeause I was
tended happiness, and who were also acquainted withher
in her misery, that she was a beautiful young woman ;
I that his client refused to receive the sum he had °flared, : a defaulter. There was an inquiry before the Jockey
and he then said he would give 2001. as compensation. ' Club, but they did not say that be was justified in
the time in question. The Learned Counsel proceeded
and it appeared she was only twenty-one years of age
a t
Witness had no opportunity of consulting the plaintiff not paying me because I paid nobody else. I cannot say
to say, that the plaintiff filled the situation of gover-
respecting this offer, as the defendant immediately ens- whether the letter (produced) is my brother Richard's
ness in the family of a gentlemen named Evans, who
ployed a solicitor. At the time -witness saw him at handwriting. There is a likeness, but I cannot swear
Dover he was occupying a house in Waterloo-crescent in either way.
resided at Holyhead, but whose family were staying at
Malta, and sailed from that place in May, 1843, for
one of the best situations in Dover. Baron PARKS—Don't you know your brother's hand-
Cross-examined—Witness went down to Dover to writing ? Witness—Yes, my Lord, but I cannot speak
England. The defendant was a passenger on board the
same vessel. He represented himself to be an officer in serve the defendant with process, as he was acquainted positively to this.
the service of the East India Ctimpany, and to be en-
with his person. Defendant did not say he would rather Mr. PLATT here handed several letters to the witness,
titled to the rank of captain. He was a man about
give 2001. than be prevented from going to China. Did and questioned him as to his belief which were written
thirty-five years of age, and evidently occupied a put not tell him that what he said would be used against by himself and which by his brother ?—He said they
sition of honour and responsibility. He had very agree-
o-
him, but lie advised him to consult his attorne, . were not written by himself, and he could not tell whe-
able manners, and it was therefore not surprising, that The letters were then put in and read, and this closed ther they were written by his brother, but there was a
he very soon made an acquaintance with the family of the plaintiff's case. resemblance.
Mrs. Evans, and to Miss Itober in particular he paid
Mr. PLATT rose to address the jury for the defendant, Cross-examination continued—l know a horse-dealer
marked attention ; and there was very little doubt that and lie observed that he was instructed at the onset to named Crook. I never sent Romaike to Mr. Gibson's,
before the vessel arrived in England, he had made her
state that there was no intention to cast the slightest neither do I know of my brother having sent her. I
an offer of marriage which was accepted by her. Upon
slur upon the character of the plaintiff, whom he be- know a man called Harry Hicks. He never was the
the arrival of the vessel at Southampton, Mrs. Evans loved to be, as stated by the witnesses, a virtuous and owner of the horse called Bubastes. I never told Hicks
and her family went to the Castle Hotel, and were ac-
honourable young woman; and his only object would be that I had sentßomaike to Mr. Gibson 'e in Crook's name,
companied by Capt.Denham. After remaining there a few
to put the case in its real light before the jury, in order or that I had sent her as a half-bred mare. I may have
that, if they should consider the case made out, they called upon Hicks shortly before the Warwick Spring
that he wrote to the plaintiff at this time there could
days the defendant went to London, and from the lettersbe
should only award such reasonable damages as the cir- Races, 1842, but I do not recollect telling him to
no doubt that a very tender and affectionate intimacy
c.umstances of the case required. The Learned Counsel ask Mr. Gibson what he would charge for a half-
existed between them, and that he intended to make her
then proceeded, at some length, to comment upon the bred mare called Liverpool. I know he had a
his wife. A short time afterwards the defendant re-
circumstances under which the intimacy
had first taken thorough-bred mare called Liverpool. I never
turned to Southampton, and he then requested Mrs. place,
and he admitted that the defendant had made a told him that Gibson would take a few half bred mares
Evans to grant an interview with him, and upon her hasty promise, which, upon calm consideration, ho felt it at ten guineas, nor did I ask him to tell me the exact
was impossible for him to fulfil. He contended that the day when Romaike was covered by Bubastes, as I was
doing so, he made a formal offer of marriage to the
plaintiff, and expressed a hope that she would not offer plaintiff was not seriously injured, and said that, if she afraid she had gone over her time. I never told him
any objection to the match. Mrs. Evans, being aware had been married to the defendant, it was quite clear that I had received a letter from Gibson by which I
that the position of the defendant in society was higher that his family would never have countenanced her, and learned she had not foaled. I did not see Hicks refer to
the union could only have been productive of misery his book. I never told him that I had been to Gibson's
than that of the plaintiff, very prope!basuggested to him
and unhappiness. The Learned Counsel then went on to to see the mare, and that the Bubastes foal was the best
the propriety of consulting his friends, before he took
remark upon the case, his observations chiefly tending to I had ever seen at Gibson's; and I did not say that Mr.
the step he proposed, but his reply was that he was in-
induce a mitigation of the damages. Partridge had driven me over. I walked over with Mr.
dependent of his friends, and that he certainly should not
consult them upon the subject of the choice of a wife, and Mr. Baron PARKE having summed up, the jury, after Partridge, but I did not see either Romaike or the foal.
he at the same time offered to settle 50/. a-year upon the
a short deliberation, returned a verdict for the plaintiff— I went for the purpose of seeing Liverpool. My fond-
plaintiff. Mrs. Evans, upon this, offered no objection to Damages, 8001. ness for horses led me to do so. I did not in autumn of
his acquaintance with Miss Roberts, and for several weeks 1843 ask Hicks for a stamped receipt for the money paid
he was consequently with her as her acknowledged suitor, THE BLOODSTONE CASE. for covering my two mares in 1841. I have only had one
and from the correspondence that passed between them at HERBERT V. DAY. mare covered at Hicks's. I did not suggest that a re-
ceipt should be given for 1842, and he did not say to
this time it appeared evident that they were upon the This was a feigned issue, directed by the Court of me, a How can Ido that when I had no mares there in
most affectionate terms. He left Southampton for Lon-
don in the month of August, 1843, and before he did so, Queen's Bench, to try whether the plaintiff, the owner that year?" I did not say to him "that does not matter."
of the horse Bloodstone, or the defendant, the owner of
I was at Ascot Races this year, and saw Harry Hicks
he went so far as to request that the wedding dresses
another horse, called Old England, were entitled to
stakes run for at the last Ascot races. there. I was not present when Mr. Herbert complained
should be prepared, and every arrangement was made
of having been deceived by the Newmans in buying this
for the marriage to take place at Holyhead in October.
colt as a two year old. I did not go to Gibson's twice toe
The plaintiff looked forward to an honourable union with Mr. Sergeant Channel!, Mr. Petersdorff, ' and Mr.
look at the mare, but after I had dined with him on
the man she loved, and remained in that expectation Lush, were for the plaintiff ; Mr. Platt and Mr. Willes
until the month of October, 1843, when she received the appeared for the defendant. day, he pointed out several mares, and, among others,
one which he said belonged to Crook. Upon my oath,
following letter from the defendant:— When the case was called on, Mr. Pawn intimated
that both the horses in dispute were in the neighbour- that mare was not Romaike. Bloodstone was a good-look-
hood, and he suggested that the jury should go and see ing colt, and had some very good points. He was a very
" London, Oct. 9, 1843.
"I am sorry, dear Melville, that circumstances have them. good breeder. I did not speak to the jockey that rode
occurred which make it out of my power to act as I then
Y Bloodstone at Ascot, and tell him to win, just before the
Baron PARKE thought it would be well that the
wished ; believe me, I have not so determined without should do so, but none of the jury must be allowed to race. I did tell him if the horse was out-paced in the
due thought and mature reflection. I have lost much speak to any person. last quarter of a mile, to pull him up, as he had pulled
money at horse -racing, and the step from that to the mad Mr. PLATT said the attorney on each side had better up lame the day before. It was a malicious statement of
accompany them.
excitement of the gaming-table was but short—need I
Bell, the jockey, to clear his character about Leander at
say more. I must, of course, go out to China as soon The jury accordingly retired, for the purpose of ex- any sacrifice. I engaged Bell to ride for Mr. Herbert,
possible, but as economically as possible. I could not amining the horses, and were absent for about half-an- but I declare I never told him not to win. The letters
take a wife with me, nor should I like to leave one be- hour. Upon their return, the cause was proceeded with. (produced) are in my handwriting, but signed with my
hind, as I may not be in England for, perhaps, the next Mr. Lush opened the pleadings, and said, this was an brother's name.
ten years, probably more. Under all these circum- issue directed by the Court of Queen's Bench, to try Re-examined—l had nothing to do with the steeple
stances, I think you will agree with me that lam acting whether a certain colt, named Bloodstone, which came chase that has been mentioned. Mr. Gibson was at Castle
the most prudent part, independently of the certainty of in first in a race at the last Ascot races, was foaled in Bromwich. The mare that was shown to me at Mr. Gibson's
offending my family, which I should be very loth to do. 1842, and whether its sire was a horse called Bubastes, was not Romaike. She looked to be a well-bred mare but
Owing to the loss of the Memnon, I have received no and its dama mare called Romaike. ,was in very bad condition, and appeared to have a surfeit
news from abroad, and, of course, lam ignorant whether Mr. Sergeant CHANNELL then briefly addressed the on her. She had a mean, scrubby tail, with very little
anything has come home for me from China—when I
hair on it. This was in 1842. Romaike had a very long
hear I will let Mrs. Evans know. The things you may jury, and said that the plaintiff in this action was an at-
torney, and the defendant was a trainer of race-horses, tail, nearly, if not quite, dragging upon the ground.
either keep or send as you please. You have my most and the jury would, no doubt, understand from the When Wetherby bought her she had a long tail, and
sincere wishes for your welfare and permanent happiness. pleadings, the nature of the case that would be laid afterwards it was suffered to grow, and was very long
I remain, your sincere well-wisher, " FRANK." before them. It had become a matter of notoriety, that when she came from Lord Exeter's. I engaged Bell,
The Learned Counsel proceeded. The jury might gross frauds were alleged to have been practised at cer- at Epsom, for Mr. Herbert, to ride his horse Bloodstone,
imagine the distress of this unfortunate young lady upon tarn races, but he was satisfied that this would not in- at Ascot, and I recollect the dayeof the race. A filly,
receiving such a cruel and heartless letter, and to show fluence the jury, in coming to a decision upon the pre- called Carissima, ran in the race with Bloodstone, and I
the real feeling of the defendant within one short month sent case ; but that they would decide upon the evidence know that her leg was injured. I told him to ride with
of the period when he informed the plaintiff that he that would be adduced, and which he ha no doubt would his hands and knees all through the race, but if he found
could not take a wife with him to China, and did not satisfy them that the plaintiff's horse was really the himself out-paced in the first quarter of a mile, he was to
like to leave one behind, he was actually married to horse he was reported to be, and that he was entitled to pull up, but if not, he was to ride through. Bell had told
another lady, who he was instructed was possessed of the stakes in the race be won. He did not complain that me the horse pulled up lame the day before, and this
considerable fortune. Mrs. Evans, the protector of the any gentleman connected with the turf, who imagined was the reason I gave him these instructions. It is im-
plaintiff, upon being informed of what had taken place, that fraud had been perpetrated, should take the ne- possible Romaike could have gone away from Walton
and before the marriage of the defendant was made cessary steps to have a full inquiry, but surmises and pre-
more than a weak without my being aware of it. The
public, had remonstrated with him upon his conduct, but judices ought not to be allowed to weigh against positive shortest time a mare could be left to be covered would
he persisted in his refusal to perform the solemn promise evidence. It would be his duty to lay before them be two months, and I must have known it if she had
he had made, and the plaintiff had no alternative but to all the circumstances connected with the birth, parentage, been taken away for that purpose.
make the present appeal to a jury; and he (the Learned and education of the colt in question, and he had no By the COURT—My brother gave me 50/. for the mare
Counsel), called upon them to give such damages as doubt that he should be enabled, by the most satisfactory Romaike.
would show the friends of the plaintiff and the world evidence, to make out that he was properly describe William Newman examined—l keep the Bell Inn at '
that she was not deserted by the defendant for any mis- Upon his running the race, however, an objection was Monmouth, and I remember going in November, 1840,
conduct, but that her character was pure and virtuous made to him, and the stewards took advantage of the to fetch a mare from Lord Exeter's, at my brother's re-
and without the slightest stain. power given them by the Act of Parliament to raise the quest. I paid the bill and brought the horse away, and
The following witnesses were then examined : present question for the decision of the jury. The on my way home I stopped at the Star, at Leamington,
Mrs. Mary Theresa Evans examined. I am Learned Counsel then said that in 1839, the mare and the mare was shown. She was the mare Romaike.
the wife of Captain Evans, who now resides at Romaike was purchased by Mr. J. Newton, at Don- She subsequently had a foal It had a remarkably fine
Holyhead. I know the plaintiff. She is twenty- caster, and was eventually used by Mr. Weatherby as head, a white streak down the face, and white heels.
three years of age, and is engaged as gover- his hack, but eventually she was sent to a horse be- The colt was only known as the colt by Beiram. I was
ness to my younger children, and she accompanied me longing to Lord Exeter, called Beiram, and in due time present with several other persons when the operation
and my family to Malta in 1840, and we met the de- brought forth a foal. It would be shown that this foal was performed in October, 1843, and it died about a
fendant on board the steam-vessel on our return in July, had a remarkably handsome head, and from other week afterwards from inflammation. I first saw Romaike
1842. He appeared to be about thirty-two years of age, circumstances was well known. In 1842 the same at Hicks's in 1842, and she then had the Beiram colt at
and he informed me that he was a captain in the China mare was sent to Bubastes, having at the time the her foot. She was covered by Bubastes in that year, and
trade, and that lie had been abroad for seventeen years. former colt at her foot, and in April or May, the I first saw her foal by that horse in May, 1842. It was a
He paid attention to all my family,' but particularly to colt in question was foaled. They were both chesnut colt, with a white heel and a white star on his
Miss Roberts, and they were favourably received. When chesnuts, but the latter was more of a racing kind of forehead. I did not notice any other marks. At the time I
we arrived at Southampton we went to the Castle Hotel, colt, and it would be shown, besides a white blaze up the saw him he had rather a coarse head. I saw him in
and the Captain went to London the next day, and did face, had two white hind heels, and as he was instructed June and July, 1842, and I continually saw him from
not return until the 7th of August, at -which period I re- this was the colt that had been entered for the race at that time until Tewkesbury races, 1843, and I then
ceived a note from him, requesting an interview. We Ascot, and which was entitled to the stakes. He should heard he was going to be sent to Jones's, to be broke
had taken private lodgings at this time, and Captain show them that the first colt went on very well until the and trained. The colt suckled till a late period, and had
Denham came to live in the same house. When I had month of October, 1843, when an operation was per- cows' milk night and morning.
the interview with the defendant he told me he wished formed upon him which brought on inflammation, and Cross-examined—l live at' Monmouth, thirty-three
to make a proposal on behalf of Miss Roberts, expressed he died very shortly afterwards. He understood an at- miles from the place where the operation was performed
his admiration and affection for her, and asked my con- tempt would be made to show that the horse which won on the colt. I did not live at Monmouth at that time.
sent to address her. I asked him if he had considered the race at Ascot was not the Bubastes colt foaled The dead body of the animal was hung 1113 in a tree. I
well what he was doing in making an offer to a person in 1842, but the Beiram colt foaled in 1841, but he don't know what became of the skin. The body was
who was dependent, and he replied that he had; and felt satisfied that the evidence be should adduce cut in quarters, and my dogs ate part of it. I did not live
when I alluded to the opinion of his family, he replied would clearly negative such a supposition. The anywhere " particular" at this time, but I am sure
he did not think lie was bound to consult them, and Learned Counsel went on to say that the colt I slept at Walton the night before. lam not aware that
added, that he had been independent of his family for Bloodstone, being a likely looking colt, was carefully the Beiram colt was vicious. I don't know that it is not
many years, and should not consult them, or any one attended to, fed with cow's milk night and morning, be- customary to castrate a thorough-bred horse, unless
else, on the subject of taking a wife. I told him his sides the nourishment it derived from its dam, and grew there is some particular reason for it. I do not know
situation was superior to that of Miss Roberts, and up a fine animal, and in 1843 it was sent to a person for what cause this colt was castrated. I never bred any
pointed out to him that the acquaintance was short, and named Jones, at Rockley, to be trained, and very soon race horses. I should not think it was a good thing to
asked if he would not take time to consider the matter. afterwards it was purchased by the present plaintiff and, make a race horse as weak as I could. I lived upon the
Before this he had offered to settle 50/. a year upon the while in his possession, won the race in question. He bounty of my wife's friends for four years, and until
plaintiff. He then told me that his mind was quite made should prove all these facts by witnesses, and he hoped about six months ago, when I took the public-house.
up, and he was 'determined to marry her. He asked that, if the other side attempted. by any theoretical Re-examined—The Beiram colt was a rather short
permission to visit Miss Roberts as her suitor, and she opinions as to the age of the animal, to show that he cobby colt, but with a remarkably fine head. From his
appeared very much attached to him. He remained in was older than was Pretended, the jury would not suffer appearance, my brother considered he was not fit for the
Southampton several days, and walked out with Miss such doubtful testimony, at the best, to weigh against race course, and I know he never intended to run him.
Roberts. At this tiase the defendant's sister came to the positive evidence of the persons who had known the Mr. Oliver, examined by Mr. LUSH—I remember the
Southampton, but the defendant did not introduce Miss colt all their lives, but that they would give their verdict last witness coming to my house at Leamington, in 1840,
Roberts to her; and he told me he had originally in- upon the evidence alone. with a mare which he told me was Romaike, and that he
tended to do so. but had changed his mind, and thought George Warner, examined by Mr. PETEnsn UtrF—l had brought her from Lord Exeter's. I have seen the
it had better be deferred. The defendant went away am a trainer, and live with Mr. Cooke, of Bromsgrove. mare several times since. I first saw her afterwards at
from Southampton in company with his sister. We I remember a mare being taken to Mr. Crockford's, in Walton, and at that time she was in foal. I saw the
left Malta on the 26th of May, and arrived at South- 1835, to a horse called Rowton. She had a foal on the colt the day after she had foaled, in April or May, 1841,
ampton in the beginning of July. I know that several 7th April, 1836. It was a chesnut filly, with a small and I saw the colt running with the mare in the paddock
letters passed between the plaintiff and the defendant, white spot on the forehead, and another small dark spot several times afterwards. It was a chesnut colt with
and the latter frequently talked to me about his marriage, on the near hind quarter. She was afterwards called two white heels and a white face, and the smallest head
and proposed that it should take place at Holyhead Romaike. This filly remained at Mr. Cooke's till 1838, I ever saw put on an animal. I saw the same mare with
about the middle of October, and he expressed his wish when she was taken to John Robinson's at Newmarket a second CA That was also a chesnut, with a white
that the wedding clothes of Miss Roberts should be to be traine4, and she ran for the Guy Stakes at War- star on the forehead and one white heel. The last time
ready; and he added, that if she was not well provided wick, and was beaten in 1839. She was sent to Doncas- I saw the second colt was in July- or August, 1843, and I
he should be happy to place a sum of money in my hands ter on the 14th or 15th September in the same year, and then noticed that he had capped hocks, which I had never
for that purpose. I told him Miss Roberts had some she was sold by Mr. Tattersall, and afterwards returned seen before in a young horse. I saw the same colt twice
money of her own, and if she required more I should to Mr. Wetherby. I saw the mare again on the 17th at exercise at Jones's at Rockley. The first was a
willingly provide it. Wedding clothes to the amount of May, last year, and I have seen her to-day in Guildford. small colt, but the second was a long racing looking colt
00/, were actually purchased. I have not spoken to the ar. Richard Harmera. — showed her to me in May at Wal- —a very fine colt. I saw the same colt at Ascot, and I
defendant since. I saw him the last time at Southamp- ton Hill, near Tewkesbury. lam sure she is the same have seen it to-day in Guildford, and I can swear it is
ton. The letters (produced) are his handwriting. In mare that was sold to Mr. Wetherby. the same.
October, after I had seen the letter he had just before Cross-examined—The mare was advertised for sale at Cross-examined—l am in the habit of going to races.
sent to Miss Roberts, I wrote to the defendant and re- the time sho was shown to me by Mr. R. Harmer. She I have never been at Doncaster races. I know the
monstrated with him on hiduct. was at Walton, I believe, but Ido not know whether Mr. Newmans very well. I am not a business man. I have
Sergeant SHEE (to Mr. Plott)—Do you produce the John Newman was there also. I was present when Mr. now and then had a little touch at dealing in horses.
letter? You have had notice. Tattersall sold the mare to Mr. Wetherby. I did not With a strong colt you may begin to handle some at 18
Mr. PLATT—; we produce no letters. receive any isresent upon the sale. She was sold by months old. I am not much in the racing line—mine
Examination No
continued—dln the letter referred to I told auction. It is difficult to tell who are bidding on those is more in the steeple-chasing profession.—
the defendant that I considered his conduct ungentle- occasions.
(Laughter.) I did not ride the race when the Newmans
manly and cruel, and I received time letter (produced) in Re-examined—The mare was sold for 65 guineas. took the Cup away. I have had entire horses run in
answer. Miss Roberts was very much affected when she Mr. John Newman, examined by Mr. Lusu—ln 1839 my name, and it is very common to ride entire horses
received the defendant's letter, and has been ill ever I became the owner of Romaike. She was purchased when they are not vicious. I don't know that gelding a
since. The plaintiff has lived with me several years, for me by Mr. Wetherby, and he rode her as his hack horse renders him more weak, but geldings are always
and her conduct has been unexceptionable in every at Newmarket, at the October meeting, and he subse- allowed three pounds. I am sure I have not sold five
respect. quently sent her to Lord Exeter 8 horse Bieram to.be hundred horses in my life. I may have sold one hun-
Mr. GREENWOOD—The children under Miss Roberts's covered. I sent my brother William for her in Novem- dred, but I will not say two, for fear I should tell a
care were four, five, and six years of age. Her salary ber, 1840, and he brought her to my father's house at story.—(Laughter.) I saw the second colt for the first
was 20/. a year. She was not nursery maid. I had a Walton, near 'Tewkesbury, in foal. She remained there time in May or June, 1842, and it looked as much like
nursery-maid besides in my establishment. I had an- till she foaled, on the 29th day of April, 1841. racing as ever was seen. It was not quite so well over
other governess for my eldest daughter, who is fourteen The colt was never " christened." That colt the loins.—(Laughter.) He was not exactly weak in
years old. On the voyage home the defendant made died last year, while I was at Newmarket. the loins. I never saw the colt taking his milk and
no secret of his affairs. He said he was captain of a from castration. He had been sent with his dam to bread with a spoon.(Roars of laughter.) I never saw
merchant vessel, that was wrecked on the coast of China, Hicks's at Atherley, and remained there for six weeks, a basin of milk taken out to him.—(Renewed laughter.)
and the greater part of the crew were murdered, and he when he and the mare came back to Walton, and the I had heard the Newmans say the mare was a bad mo-
himself was taken up the country and tortured, and con colt remained there until its death in the October fol- ther, and that they fed the colt on cow's milk and flour.
fined for eight months. He also said that he and six lowing. Before the mare went to Mr. Hicks's I had Richard Newman, examined by Sergeant CHANNELL—
others were liberated upon the conclusion of the war sold the mare to my brother Richard, and a man named I remember the mare Romaike being at my father's, at
with China. Reused to relate the history of his sufferings, Handley took him to Hicks's. The Beiram colt died in Walton, and I first saw her in November, 1840, at
and I have no doubt the children and the governesses October or November, and the mare was sent to Hicks's which time she was in foal. She had a very full tail,
listened to him. I knew that his sister was at South- to be covered by Bubastes, and remained there until the nearly, or quite down to the ground. The mare foaled
ampton, but, as Miss Roberts did not appear to desire an
spring of 1843. she foaled at Walton-hill on the 10th in 1841, and I understood the sire of the colt was the
introduction to her, I did not interfere. The defendant April, 1842, and I and my brother Richisrd were present horse Beiram. He had as nice a head as could be seen,
said if the introduction took place his sister would cry, at the time. The mare was kept at home all the season and I thought he would grow into a nice tight cob. I
and there would be a scene which ho did not wish to in order to give the colt every possible chance, bought the mare of my brother for 50L, and I took her
see. We all lived in the same house at this time. I told by allowing her to suckle the colt. He was with the colt, to Mr. Hicks's, and she was covered
the defendant that I thought such unequal marriages fed with corn as soon as he could possibly eat it, and there by the -horse Bubastes ; and I left the mare at
were unwise, and that it might produce unhappiness if had also cow's milk night and morning. The mare Mr. Hicks's. I sent for her in about three weeks, and
the lady were not received in his family. He told me suckled the colt till the Ist January, 1843, and cow's when she was brought back, her tail was in the same
that he had been seventeen years absent from England. milk was given it after it was weaned. That colt was state as I have described. She was very fine in her
Captain Evans examined—l have been for many years called Bloodstone. He remained at Walton till August, coat, and there was nothing whatever the matter with
commander of a vessel belonging to the Government. I 1843, when I took him to Jones's, at Roekley, to be her. I was present when the mare foaled the second
did not become acquainted with the defendant until his trimmed, and he never after that was at Walton. I saw time, and the first colt was upon our premises at the
arrival at Southampton, when he told me that he ex- the colt run at Ascot, and am sure it is the same I took time. They were both chestnut colts, but the last
pected to get 6,000 L compensation for opium that had to Jones's. I have seen it 'to-day, and know it to be one' had a star in the forehead and hal
been seized by the Chinese. He also said he had a few • cot. one white heel behind. He had not near such a good
to animal that was at As
thousands besides, and consulted me as to the best mode By the COURT—And the same you saw foaled ? head as the first colt had. I gave the second colt corn
employ it ; and he likewise told me that he had • - 's milk as well
Witness—Yes. before he was a month old, and he had cows
freighted a ship, which he expected home very thought the colt was
shortly. Examination continued—l have lived at Walton ever as being suckled by his dam. I .
I did not come home from Malta ; but my wife intro- • I by Beiram was not;
ducedsthe Captain to me. I observed that he paid Miss was a boy. The mare Romaike remained at suited for the course, but the colt
since
till .
of 1843, when the proper course to
Roberts such attentions as are usually paid by men to a Walton the spring
little fellow and had no stride
Mr. Sadler's, of Stockbridge. I have seen the same castrate him, as he was a
woman, with whom they are on the eve of marriage. • f the o eration, and
Cross-examined—He did not tell me he was in debt mare to-day at Guildford. The Beira colt was a bright about him. He was very ill a tcr p
he sit had a beautiful head, short ears, and a white died from the effects of it, and his body was cut up for
when he went to London, and that he was going to get estresank down; his face, and white on his two' hind heels. the dogs. Ido not know what became of the skin, but
some money. I understood he was going to meet theTewkesbury. It was with
He had a dark mark, a spot or two about him,
but I I generally send my skins to
vessel he expected from China. Captain Denham dined Jones's to
don't recollect where. Bloodstone was a chesnut not my consent. that the second colt was sent to
with me several times at Southampton with his sister, so. the other. He has a white star on the fore- be tried. I sold it to Mr. Herbert in May last for 3001.,
but Miss several did not dine with us. The plaintiff was bright a .
mark the near heel. He has cappedand Ito have 500/. more if he won the next Derby,
head, and a white on was
about
fourteen years old when she first came into our hocks, and inclination to curbs. Bloodstone has a for which
ervicei but she never acted as a nursemaid. Her

tised the horse fur sale. I have understood
that it is a very common thing ..for sellers
to receive an additional sum if a horse wins a
particular race. I have not seen the colt from the time
I sent him to Jones's until this morning in Guildford,
aid lam sure he is the same colt. I farm the estate at
Walton on my own account. If the mare had gone away
to be covered by Liverpool, I must have known it.
Cross-examined—l have bought a few horses in my
time fur the purposes of the farm, and for hunting a bit.
I have had a good many horses killed, sometimes two in
a week. I don't know who had the skin of this parti-
cular colt.

Mr. PLATT—No, nor nobody else, I believe.
Cross-examination continued—l ;,,old the horse as a
two year 41 with all ctiga7enwuts. lie was in the
St. Leger, at Donea;ter, I 4f. lie tool. to all his en-
gJgemeia,, which might be tive or six races Or mute.
race-horse is Lumen in the Calendar by the descrip-
tion of its age. 1 don't know why I did not have Blood-
stone gelded. I never saw Beiram, the sire of the first colt.
Romaike is a very well bred mare, thorough bred, well
made, and like a race-horse, and fit to breed either a
race-horse or a hunter. I don't know whether Beiram,
the sire, was a thorough-bred horse, as I never saw him.
I won't swear that the letter (produced) is my writing.
Baron PARKS—What ! Not know your own hand-
writing ?
Mr. PUTT—([landing several letters) here are
plenty mor,.. Now, upon your oath, are they not all
written by you ? Witness--I don't know. I cannot
swear whether they are Rot.

Mr. PLATT—Wi3II, now, what mare did you send with
thole letters ? Witness—l sent no mare with them.
Mr. PLATT—You sent no mare to Mr. Gibson's in the
name of Mr. Crook—no thorough-bred mare as a half-
bred mare, to cheat the man whose horse was to cover
her ? Witness—No.

The witness, being pressed by Mr. Platt, said he bad
no doubt a good many of the letters were written by
him, and at length said, perhaps they were all his.
Cross-examination continued—ln 1841, I had the riff
or mange in my stable. It is a catching complaint. I
had got rid of the disorder in 1842. I wrote the letters
in the name of Crook by his direction. The mare
Romaike never had the riff or mange since I have
known her. I never sent a mare to Mr. Gibson, the
horse called Liverpool.
Mr. PLITT then read a portion of one of the letters
written by the witness, in which he referred to a mare
having the surfeit, and being in foal, and also represented
that she was savage to her first foal and required care,
and he asked the witness what mare it referred to ?

The witness said he did not. know. He supposed it
must be Crook's mare.
Cross-examination continued—Crook's mare was a
chesnut mare. Romaike had a white spot on her fore-
head, and some white marks about her legs. I don't re-
collect whether Crook's mare had the same marks
exactly.
Re-examined—l used frequently to write letters for
Crook, and if I wrote these letters at all, they did not
refer to my own business. No other mare went with
Romaike to Hicks's, but I had another mare there that
same season. She was a fairish bred mare, but was not
thorough bred.
By the Couivr—l have got the other mare's foal at
this time. I have not named it.

William Hierons —I am stud groom to Mr. Hicks at
Atherley, and I remember a mare with a foal by her
side being brought on the 4th of May, 1841, to Bu-
bastes. The colt she had with her was a very neat colt,
and I observed that it had a white spot on the face, and
I understood that it was a colt by Beiram. I saw the
Beiram colt again in November, at which time he was
not more than sixteen months old. I saw a second foal
at Walton sucking the mare. This was a large fine foal,
and looked like a racer. The first colt looked more
cobbified.

Cross-examined--It was not a bright chesnut-co-
loured foal that was at the mare's foot when she came. It
had a star on the forehead, but I did not observe that
he had any white on his hind feet. Ido not recollect
saying, at Ascot Races, " Here is a devil of a job—the
Bubastes colt has come in first, but they have proved
him to be a three-year old." I saw a gentlnman named
Horace, but I did not say to him that it was the Beiram
colt that had come with the mare to Hicks's, when she
was brought to Bubastes. I did not say that the Beiram
colt had a star, and a white heel behind, and that the
Bubastes colt had no white behind at all. I swear I
did not say that it was no more Bubastes's colt
Then it was old Defence's. Defence had covered the
mare Romaike. I did not say that John Newman owed
me for his mares, and if he did not come forward and
pay me I should toss him over the bridge.—(Laughter.)
I will swear I said nothing of the sort. I had some
conversation with the lawyer on this case, but I did not
tell him that the colt by Beiram had a star on his fore-
head and one white heel behind. I told him that I knew
the Bubastes colt, and that he had a star, but I did not
say he had no white about him. I did not tell the gen-
tleman that I did say, after the race, that Bloodstone
was a three yrs old. After I had been talking with the
lawyer, I had some conversation with Mr. John New-
man, but I did not walk away to a private place with
him upon hearing a rustling noise in the stable close by
as though some one was listening. We were talking
about the chesnut mare, and I said they might make
, some objection about the chesnut mare going to Liver-
pool. The lawyer took down what I said in writing,
but he did not read it over to me afterwards. I have
never said that I should not have said a word about
Bloodstone being three years old if John Newman had
paid me. I heard that Romaike was rather unkind to
her first colt, and I was sent for to reconcile her to the
colt, and I did so.
Re-examined—l did not go to Ascot races, but I
heard about them on the following Sunday, and that
there was a dispute about the stake. There is gene-
rally some little trouble with mares with their first colt.
I am sure the colt that won the race at Ascot, was not
the Beiram colt.

It being now seven o'clock, the further proceedings in
the Court were adjourned until this morning at nine
o'clock.

BRITISH and FOREIGN INSTITUTE
The first session of the British and Foreign Institute
was closed on Thursday evening by a very brilliant and
numerously-attended soiree.
As early as nine o'clock the drawing-rooms were filled
with elegantly-dressed company, including about
three hundred ladies and gentlemen, members and
visitors, who continued to increase in numbers till ten.
Among the company present on this occasion were
many foreign gentlemen, some in costume, particu-
larly a young Syrian Greek, from the mountains of
Lebanon, and a very handsome New Zealand 3 outh, re-
cently brought over to England by a gentleman returning
from thence, and now educating at the British and Fo-
reign School for the purpose of being sent back to his
own country as a Christian missionary. The details of
the history of this young man, now about twenty-two
years of age, were given to the company, and interested
them very deeply, from its romantic character, while his
fine figure, handsome features, and picturesque costume,
increased that interest to a high degree. Mr. Catlin, who
has done so much to illustrate the caracter of the Ame-
rican Indians, and who was present on this occasion, en-
tered into conversation with him ; and was followed by
others, to all of whom he replied in very intelligible
English, though he has been only six months under
tuition at the British and Foreign School.
What gave more than usual interest to the visit of the
young New Zealander, was the fact of his being accom-
panied by such an exact representation of himself, in
a model purposely prepared for the occasion, that as he
stood motionless beside it, in the same attitude, wearing
the same kind of robe, and holding the same descrip-
tion of spear in his hand, it was very difficult to dis-
tinguish the living figure from its faithful transcript,
and many were deceived in this respect. It
appears that some gentlemen in London, at-
tached to ethnological investigations, have con-
ceived the idea of forming an Ethnographical
Society, which shall give form and body, " a local
habitation and a name," to the facts collected by travellers
respecting the different races of the human family. They
propose, in short, to do for all nations what Mr. Catlin
has done for the American Indians and Mr. Dunn
for the Chinese—namely, to prepare models from
the life of the inhabitants of different quarters of the
globe, array them in the actual robes of their own
country, surround them with the accessories of their
own weapons, utensils, and other appendages, and
form a museum that shall give to those whose pursuits
prevent their travelling an opportunity of seeing at
least faithful representations of the different races of
mankind. Their first example of the perfection to which
such modelling could be brought was in the production
of a figure of this New Zealand youth, which was so
faithful a copy of the original that for a few minutes it
was difficult to say, as they stood side by side, which
was the original and which the copy, or which the life-
less and which the living figure. As a triumph of art
it was admitted to be most successful.
Among the distinguished visitors to the Institute the
name of the Countess Morska was mentioned as having
examined the whole establishment with great interest,
and manifested her approbation of its plan, object, and
design, by a very unequivocal proof of her desire to con-
tribute to its attractions. The Countess, who is now in
her S4th year, with the possession of excellent health,
and the enjoyment of all her faculties, is on avis,itresof
pleasure to England, staying with her suite at i‘ lisa
Hotel, and making daily visits to the palaces, mansions,
gardens, and galleries of the Royal Family and prin-
cipal nobility of England. Her before the
estates and domain
formed part of the fated Poland, country, but are now
included in Austrian Gal 1.
icia. The Countess pre-
sented to the library of the Institute, as a
souvenir of her visit, and a testimony of her approbation
and good-will, a splendid volume filled with views of her
palace, its gardens, grounds, and subordinate establish-
ments ; all from drawings made by her own hand, and
terminated by a series of floral groups of the principal
flowers of the country, tastefully arranged and coloured
after nature, accompanied by a " Treatise on Rural Archi-
i tecture," from her own pen, and a catalogue in Polish
and Latin of the chief botanical productions of the region.
The volume was placed on the drawing room table, and
was greatly admired.
In the course of the evening there were some admirable
musical performances. M. Muhlenfeldt on the piano,
and M. Selberberg, a pupil of Ernst, on the violin, played
a charming duet of De Beriot's, with great skill. Mr.
Moscheles gave one of his brilliant solos in the early part
of the evening ; and M. Leopold do Meyer another
towards its close, and each :was perfect in its kind—
while the vocal music with which the intervals were
filled up was varied and agreeable.
The proceedings of the evening were terminated by an
address, in which a brief retrospect of the past session
was followed by a sketch of the proceedings contemplated
for the future ones, and from the enthusiasm with which
this was received, it was very evident that there was no
want of zeal or cordial co-operation on the part of the
members, to sustain the Institute in the full vigour with
which it has hitherto been carried on, and to make its
future sessions as agreeable and instructive as the past.