The Sun.
London, England, 1868-02-28 00:00:00

The case was resumed this morning.
Mr. Hawkins, Q.C., and Mr. Brickwood ap-
peared for the plaintiff ; and Sergeant Ballantine
and Mr. Garth for the defendant.

The first witness called was Mr. Willing, the
president of the University Boat Club. Having
stated the state of the water and the position of the
men at starting, the witness went ou to say in the
ordinary course of things, Sadler in going towards
the aqueduct, in his opinion, was doing everything
to effect a start.

Lord Chief Justice—Did Kelley go so near the
other man as to challenge Mtn for a start?
11,itness---C.2rtainly not.

Lord Chief Justiec—l don't mean by words ; but
did he ever go so near him as to give him an inti-
mation that he was going to start ?
_

Witucss—No, m y lord ; he never went within
fifty yards of him. 1 was in the boat at Mortlake
after Kelley bad rowed over the course ; but I
heard nothing about any inquiry being made about
the manner in which the match had been rowed.

Cross-examined by Sergeant Ballantine—l did
not see the umpires when Kelley made a communi-
cation to them, but they were not in the same part
of the boat that I was. Sadler was not bound to
remain near the cutter 'at starting. I don't know
what Kelley did when he made a communication to
the umpires. lie did not row round the cutters, to
the best of my recollection. The river was not quite
clear at the time of starting, but there was nothing
to prevent my seeing both Kelley and Sadler at the
time. I don't know the practice of betting, as I do
not bet on boat races myself.

Lord Chief Justice—What was the exact posi-
tion of both men when the alleged start took
place ? _ _

_
Witness—About 50 yards ahead.
Lord Chief Justice—That would have made a
difference with respect to the race ?
Witness—Yes, considerably.

Lord Chief Justice—Was the water at this time
in such a state that Sadler ought to have started
when Kelley invited him to do so.

Witness—Certainly not. I should not have
started myself under such circumstances.
Mr. Herbert Playford—l have rowed in a con-
siderable number of boat races, and was one of the
amateur champions of the river. I was captain of
the London Rowing Club, and have seen all the
races for the championship for the last twenty

years.
Mr. Brickwood—Now, speaking of your know-
ledge, how do watermen start for a match when no
starter is appointed.

Witness—Always by trying to get an advan-
tage over their opponent. (Loud laughter.)
Lord Chief Justice•—That is not the question.
When no starter is appointed do they start them-
selves ?

itness—Yes, they do, my lord. 1 saw the men
on both the 27th and 28th of November. Sadler
made t.vo attempts to start, but I did not see
Kelley do so once. When Sadler attempted to
start the river was unusually clear. I saw Kelley
row up the river, as I thought to warm himself.
He then stopped and went to the umpire's boat,
and then rowed up the river. At this time he
was 150 yards in advance of Sadler. Kelley
never gave Sadler time to come up to him before he
started. It is not usual for men to row in jerseys.
By Mr. Garth, Q.C.—lt is not, however, usual
for them to do so.

Lord Chief Justice—lVhat is the usual mode of
starting ? Is the putting out the hands a challenge
to start ?

Vmy lord. The other man would
understandthaets,movement to be an invitation to
start. When both men did that, Sadler took a
stroke up, which Kelley did not.
James Messenger--I am barge builder to the
Queen, and have held the championship of the
Thames. I have also acted as umpire and referee
for Kelley on former occasions, but on the
one in question I acted as umpire for
Sadler. Watermen's races are always started by
themselves. On the 28th I was on board the um-
pire's boat. It drifted up yearly half a mile from
the starting point, so that they could hardly notice
how the men were. I saw Sadler attempt to start
once when the course was clear, but Kelley at this
time did not attempt to move, although I could see
nothing to have prevented him doing so had he felt
so disposed. About half an hour afterwards the
steamers began to back, and then Kelley
went to the umpire's boat. Bush said, " Kel-
ley, what's the matter with you ? " lie
said, " I can't get Sadler to start. Bush
said " Then you go over the course without him."
Mr. Biffin said
"Kelley, if Sadler won't start,
you start without him, but be sure and tell him."
I said, Mr. Biffin, you have no right to tell Kelley
to start without his telling the other man. Mr.
Biffin said I am referee, and I shall carry out my
intention. I protested for Sadler, but Biffin seemed
to have made up his mind. I don't think the referee
could have seen what the men had been doing before
he gave the direction to start. I was standing along-
side the referee ; I tried to see what they were doing
but could not. After these direction from Mr. Biffin,
Kelley rowed down the river, and I saw his boat
come back. Neither I nor the referee had any
means of seeing whether Kelley ever told Sadler to
start. When Kelly started the water was lumpy, and
the steamers were all higgledy-piggledy, and the
river was then not in a fair state for men to row in.
I never heard that Mr. Biffin made any inquiries
whether Kelley had given the message to Sadler. I
protested at Mortlake against the stakes being
given to Kelly, at which place Mr. Biffin accorded
them to him. Before Kelley started to row, over
the course I suggested to Mr. Biffin to get
into a boat and go and tell Sadler that
he said ho could not do so. I have known men to
row in jerseys, but I have never rowed for the
championship in
one. The cold would interfere
with a man if he was weak in the chest.

Cross-examined by Sergeant Ballantine-1
firmly believe that Sadler intended to row on the
occasion. He never said a word about going to a
doctor. I never heard Foster say a word about his
not rowing.

Lord Chief Justice—ln starting for watermens'
wagers, is it necessary for both men to be alongside
each other ?

George Hammertoe—one of her Majesty's water-
Witness—Yes, my lord ; certainly.
men,said, I was Sadler's "coach"—(laughter)—on
the occasion of the match. He was i n good condition,
to row on both days. I could see everything that
took place at the starting place. Sadler attempted
to start by taking a stroke, but Kelley remained
stationary. He never put the sculls into the water
to make a stroke. Kelley could have started at
that time had he liked to have lost ground. On the
second attempt to start Sadler acted as on the first
occasion. The water was quite smooth. LSadler
was on the Surrey side of the water, on which side
the steamboats were lying. It was not until the
water had become rough by movement of the
tteamers that Kelley wished to start. At that
time Sadler, from his position, would get all the
" wash," and I heard Sadler tell Kelley it was fit
to start, as they were to have the steamers be-
hind them. Sadler proposed to have another start,
but Kelley rowed away to the umpire's boat. Sad-
ler complained to me that he felt chilly at being
kept waiting so long, and I advised him to put his
jersey on. He could have rowed very well in
it, and I intended him to do so. There was no
other reason but to prevent chill in his putting
it on. Druitt was Kelley's " coach." I heard
Kelley tell Druitt to keep the cutter back, as he
was going to row over. Sadler during this time
was within the starting limit ; but Kelley was at
this period 200 yards higher up the river than his
opponent. Sadler, from his position, could not
have known what Kelley was going to do. Kelley
was above the pier when he started, and was
actually going up the river when he spoke to
Druitt. lam sure no communication was made to
Sadler before Kelley started. Sadler came up to