The Sun.
London, England, 1868-02-27 00:00:00

mormaw
13 HA BIPI ONS HIP UP THE Tiliim
AZES.
TIIE DISPUTED RACE.

COURT OF QUEEN'S BENCH
HLS DAT.
SADLER V. Smut.
This was an action to recover the value of the
stakes of a sculling match, which it was arranged
should be rowed for by the two celebrated scullers
ar,
whichi es were u
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Kelley and Sadler. The date was fixed for the race,'
g 7 11 it
alismcoin,
tion. The referee directed that both
men should
row the wager again, and they attended at Putney
to do so the following day. Here it was as-
serted that Sadler so conducted himself that
Kelley was compelled to row over the course
undisputed, after which the stakes were
paid over to him, Sadler objecting to
such
a pro-
ceeding on the ground that Kelley had started with-
out giving him fair warning.
Mr. Hawkins, Q.C., was counsel for the plainti./,
and Mr. Sergeant Ballantine appeared for the ae-
fendant.
Sadler, the plaiutifi, was then. examined, and
said that—Preliminaries of the match having been
arraegtd.l went to my starting place when Kelley
told me to get over, as I had gut his water. 1 told
him I had not, but I moved away. The steamers
then began to move, and then Kelley made a dastt
cff. The steamers at this time hal by their motion
made it most unlit to start. Kelley then rowed. up
the river, as I .thought to warn himself. The
weather was at this time very cold, and I then put
on my guernsey. I could nut see Kelly at this
time, so I turned my boat round and went in
the direction of the starting-place, to be in readiness
for Kelley when he came back. Kelley came back,
but he did not come within 50 yards of me, and
then he went rowing up the river towards Mort-
lake. He never gave me any warning or intima-
tion that he was going to start.
The Lord Chief Justice—Did he bring his boat
close to yours, and give you any warning of his
starting ?
Witness continued--Before Kelley started neither
the umpire nor any one else gave me the word to
start. 1 rowed over the course after I had heard
that Kelley had done so. When I got to Mortlake
I found Kelley had gone ashore.
Lord Chief Justice—Then the referee gave his
decision without speaking to you.
itness —Yes.
Lord Chief Justice—Were you anxious to start
that day ?
Witness- -Yes.
Lord Chief Justice—You had no intention of
abandoning the race ?
Witness—No, none whatever. I intended to
row in my guernsey, as the weather was cold. I.
was not so well the first day as I was the second,
but that was through eating too much for dinner.
I had a couple of mutton chops or so, but I was all
right the second day.
Lord Chief Justice—Then you were in a fit
state to row on the second day.
Witness—Yes.
Lord Chief Justice--Were you a consenting
party when the stakes (£600) were handed over to
Kelley ?
Witness—l was not.
Lord Chief Justice—What are the rules on start-
ing in watermen's wagers ?
Witness—There is no starter. I wanted to have
one, but Kelley objected, and we started without
one. 'When I met Kelley at the Sportsman I asked
to have a starter appointed, and two boats so
moored as each should have a fair chance. They
were to be moored in the direct course, and when
we were to start they were to let go, but this was
not agreed to, and the articles were signed to start
under the recognised rules. That is, by mutual
consent.
Cross-examined by Sergeant Ballantine—Mr.
Foster never acted fur me in this matter further
than putting down a little money, which I was to
have if I won. I made all the arrangements my-
self, and the matter about a starter was talked about
before the agreement was signed. The referee, Mr.
Biffin, was first selected by me, and Kelley agreed
to him. With the exception of the referee, the
umpire, and the usage of there not being a starter,
you agreed that you were to be governed by the
printed rules of boat-racing, and your point is that
umpire had no power over you until you had
started
The Lord Chief Justice—You had better not put
the question that way.
Mr. Sergeant Ballantine—Very well, my lord.
Do you know of any other recognised rules than
those printed and observed by the Oxford and Cam-
bridge Boat Clubs ?
Witness—Well, no ; but I cannot read. The
guernsey I have produced is the one I actually wore
on the day I was to row. I have never rowed in
one before, but I have seen Drewitt row similarily
attired. I rowed a race with Chambers; there was
a foal there. It was decided against tue. I rowed
a race wiih Percy, a charge of fouling was there ; it
was decided against Percy. I rowed a race in Paris
against Kelley, but I was dislullitied in the race,
not for what I bad done.
Sergeant Ballantine—Ah, that is your opinion.
I take from what you say you would have started
when Kelley did ?
Witness—Yes; had the water been level and no
motion from the steamers I would have started of
course. I went to the starting point with the pur-
pose of going for the wager. I consulted the doctor,
Dr. Willis, the evening o the first race for a tight-
ness in the chest, but I had no cough. I will
swear I did not consult the doctor whether I should
row the race. I intended to do it. I have beaten
Kelley on one occasion, and I think I can do it now.
Sergeant Ballantine—Don't be too certain. You
mean to say you deliberately intended to start ?
Witness—Yes ; I always thought I could win,
and I think so now. I did not tell Kelley I was
unwell. I have not spoken to him for twelve months.
I never saw Kelley speak to the referee. Kelley
never came to me and told me he had been ordered
by the referee to row the distance. He never came
within fifty yards of me, and I don't know Mkt he
said anything to Messenger. I always desired to
row the race ; of course I was not in a position to
create a foul, and I never placed my boat in a posi-
tion to do so. Kelley at first said to me, " Your
boat is not straight," and I put it so.
Sergeant Ballantine—l thought you said you had
never spoken to Kelley for twelve months, but now
you say he had to tell you to put your boat
straight. Is that so ?
Witness—Yes.
Re-examined—The objection raised against me
at Paris was that I had a boat to coach me, which I
found out was not allowed. The boat there was at
my request. I only asked Dr. Willis to give me
something to relieve a tightness at my chest—no-
thing more.
Mr. Egan, of Bell's Life, said, the day on which
the match was to have taken place was clear and
cold. I saw both men at the post to start, and
there seemed to me clearly to be a good opportunity
of a fair start had both been desirous. Twice dur-
ing the period I speak of I saw distinctly a method
on the part of Sadler to start. He dipped his sculls
twice. Our steamboat was then floating up, and of
course it because difficult to see afterwards. It ap-
peared to me that great delay took place after the
first opportunity to start had been lost. I did not
see two attempts to start, but at the time I speak
of there was a good quiet passage open. Of course
there was some confusion caused by the delay of
the start, as the steamers had to back water. I
don't know of any communication being sent from
the umpire's boat.
Lord Chief Justice—Did Kelley go and put his
boat in such a position as to give Sadler a fair
chance at a start?
Witness—No, he did not go near him. Water-
men, in rowing wagers, start by their arrangements.
The race ought to have been rowed according to
the printed rules of the Cambridge and Oxford
Boat Club.
By Sergeant Ballantine—l don't think that
Sadler would have been justified in waiting for two
days before he started. If I was referee, and had
to act, in the event of seeing one rower of a match
shaming for twenty minutes I should assume the
office of starter immediately.
Mr. Garth, Q.v.
read the rules with respect to
starting, and
Sergeant Ballantine said he begged to direct the
attention of the learned gentleman to the next rule,
which stated that where any rower refused to obey
the referee to start, such non-starting shall be taken
as a refusal to row, and upon that rule he should
rely. _ _

The Lord Chief. Justice to Witness—Speaking
froin what you saw on the second day, do you think
there was a fair opportunity offered to both men,
irrespective of the confusion, to start had they felt
so disposed?
Witness—Yes, my lord, I do.
The further hearing of the case at this time was
aijourned until to-morrow.

MADAME TuSSAUD'S. —Among the many models,
life size, to be seen at the exhib;tiou in Baker-street, we
would, under the present circumstances, call special atten-
tion to those of the Earl of Derby and the Right Hon.
The likenesses of these two pro-
mßeinnejanttuiSutpatiesrmaeelni, M.P.
are truly lifelike, and cannot be other-
wise than duly appreciated by all who may have occasion
to visit the Hall of Kings.
TURKEY AND MONTENEGRO.—Fuad. Pacha has at
length given the definitive reply to the Montenegrin de-
putation for which they have waited so long. The answer
is in the negative, as the Ports will not consent to the
cession of an inch of Ottoman territory.