The Sun.
London, England, 1844-08-07 00:00:00

HOME CIRCUIT.
Guildford, Tuesday, August 6.
CIVIL SIDE.

(Before Mr. Baron PARKE and a Special Jury.)
THE BLOODSTONE CASE—SECOND DAY.

HERBERT V. D AY.

William Crook examined—l live at Apperley, about
two miles from Walton-hill. In 1848 I went to Mr.

Newman's to perform an operation upon a colt belonging
to him. I had seen the same colt in the summer of that
year. He had a very pretty head, and was rather, thick
set and " cobby." This colt had a white stripe down
the face, and more white about the heels. After I per-
formed the operation the colt was taken ill, and I did not
see him any more.
Cross• examined—No money has been offered me by
Newman. He did not say that he would give me 100/.
if I would swear that I operated upon the colt. I did
not say it was a bad job, and I would have nothing to
do with it. I did say I would have nothing to do with it.
because it might expose my profession.—(Laughter.)
They did not offer me money to prove that the colt died
after the operation. lam not the Mr. Crook of Coal-
house, Apporley—(the person referred to in yesterday's
evidence). He is a relation to me, and. is a licensed
dealer in horses. I don't know that he has bred a colt
within the last ten years. He may have had three or
four brood mares within the last three years. I know a
gentleman named Walker very well. There was a per-
son named Srnellcomb, but I did not say, in the presence
of those persons, that I had been offered 1001. to swear
that I cut the Beiram colt, and that it died under the
operation. And I did not say either, that it was a black
job, and I would have nothing to do with it, as it would
ail come out.
Re-examined—l did not wish it to be known that the
colt I had operated upon had died, as it might have hurt
my business.
Mr. John Noble Partridge—l am a coal-merchant at
Cheltenham, and in 1841 I lived near Mr. Newman, at
Walton, and I remember his chesnut blood-mare having

a foal in 1841. It was a very pretty colt, had a small
head, white mark on the face, and two white heels behind.
I remember the same mare having another foal in 1842.
It was in the spring of the year; April or May, I believe.
The colt Bloodstone is the same colt, if ever I s iw him.

Baron PARKE—What do you mean by that ; it is an
odd expression.
Mr. PLATT—It may be very true, my Lord.
Witness—l swear that Bloodstone is the same colt.
He had a largish head, a white mark on the forehead,
and one white heel behind.

By Mr. PLATT I have seen other colts upon Mr.
Newman's farm. I was not present when the second
foal was dropped.
Robert Shorter-4 am an ostler at the Royal Hotel,
Cheltenham, and am acquainted with Mr. Newman. In
1841 I had a half•bred colt at Walton. It died about
Christmas in that year. I remember the thorough-bred
mare having a colt in 1841. He had a very neat head,
rather small inclined, and cobby. The same mare had
a second colt in 1842, and this one was much larger and
lengthier, and when it was five months old was inclined
to be as big as the other. A colt, very much like him,
stopped at my house on the way to Jones's, to be trained,
but I did not recognise him as the same colt. I observed
that he had capped hocks, and looked at him particu-
larly, and I am sure the horse Bloodstone is the same.
By Mr. PLATT—I cannot swear it is the same colt I
saw in the paddock at Mr. Newman's.
Re-examined—He was very much like him, but I
cannot swear he was the same colt.

Edmund Jones—l live at Rockley-house, near Marl-
borough, and have been a public-trainer of race-horses for
many years. I saw Mr. J. Newman at Tewkesbury
Races in 1843, and he spoke to me about a colt he had
at Walton, and I went to see him the next day and exa-
mined him. He was very plain-headed, and had large
ears, but had length, and some racing qualities. I saw
that he was inclined for curbs, and that his hocks were

capped. He had a small white diamond-shaped mark on
his forehead, and one white heel behind. The same horse
was brought to me to train, and he remained with me
until he went to run at Ascot, but before this I heard
_ _ _

Mr. Herbert had bought him, and on the 19th of May he
was transferred to Mr. Herbert's account. I saw the colt
run at Ascot in the name of Bloodstone for the New
Stakes. A filly named Carissima met with an accident
during the race, and was thrown out, but I do not think
any of the field had a chance to beat Bloodstone, and he
came in several lengths a-head. I did not examine the
colt's mouth until after Ascot Races, but I do not pretend
to be able to tell the age of a horse by examining his
mouth; but he appeared like;all the other two-year-olds
that were under my charge, and there was nothing to in-
duce me to believe that he was other than a two-years-
old. I saw the mare Rornaike, and she was pointed out
to me as the mare that had run against a mare of my
own named Susannah. She ran fur the Guy Stakes. The
mare that run against mine was a large chesnut mare
similar to the one I saw at Mr. Newman's, but I cannot
swear it was the same mare.
Cross-examined—Race-horses are generally handled
when they are yearlings. Whether a race-horse should
be gelded depended a good deal upon the character of the
animal. There were some very good geldings. I have
bought a good many horses, but I know nothing about
their inouths. I don't know when horses lose their
sucking teeth, but I can guess to five years. I know the
difference between five and six years old. The persons
who send horses to me are respectable men, and it is not
my business to look at their teeth. When I first saw the
colt, I told Mr. Newman that he was a horse of power,
and he sent him to me on the 28th August, 1833. 1
looked in the horse's mouth after the race at Ascot, and,
according to the best of my belief, it was not a three
years old mouth. I could tell the age of a horse cer-
tainly better by his mouth than his tail.—(Laughter.)
The colt is now in my keeping. Application was made
to me to show the colt, and I refused to do so.
Re-examined—The horse was examined on the day of
the races, and the day after; he was also examined on
the third. I told Mr. Day the horse should be at his
disposal whenever he wanted to see him.
, William Lovesey—l live near Walton, and occasion-
ally went to Mr. Newman's, and remember seeing a
chesnut mare there that was called Romaike in the
spring of 1841. At that time she had a chesnut colt,
with a remarkably pretty head, but it was too small for
a race-horse. The same mare had a second colt in the
following year. He had a large head, with a white spot
on the forehead, and one white heel, and was much
more like a racer than the other. Bloodstone is the second
colt that I have referred to.
Cross-examined—l am related to the Newmans.
Richard Newman is my cousin. I had no bets on the
race that Bloodstone won. I have kept race-horses, but
I did not run a horse at Hungerford races which was
afterwards disqualified after it had run. I have been in
the army, and am now living on my property. I have
bought several horses, and I generally looked in their
mouths to ascertain their age. I know nothing of a
horse's age until after he is four or five years old, and
before that age I could not form any opinion. I do not
know when a colt sheds his sucking teeth, but I should
say that the permanent teeth present a very different
appearance from the milk teeth.
William Brunsdon—l am a farmer, and live at a
place called Deerhurst, near Walton, and have been
acquainted with the Newman family for several years,
and frequently was at his place. I knew the blood mare
Romaike, and remember her having a colt in 1841.
The witness described the Beiram colt in the same terms
as the former witness.) He also described the second
colt represented to be the horse Bloodstone, and said that
he had that day seen the same colt at Guildford.
Cross-examined—l don't know much about horses,
but I can tell a horse from a handsaw.---(Laughter.) I
have bought and sold horses, and I always look in the
horse's mouth when I buy. I can tell a four. year old
horse, but I know nothing of their mouths before that
age. I have had several colts, but I never looked at
their teeth. I know that they do shed their teeth, but
I cannot tell at what periods.
By the Jury—l don't know what became of the first
colt, but I heard that it died from an operation.
John White proved that he saw the blood mare and
the two colts at Mr. Newman's, and he gave a similar
description of them to that of the last witness,
Cross-examined—Witness saw several colts at Wal-
ton, both in 1842 and 1843. The Newmans breed horses
occasionally. Witness was positive that the white mark
on the forehead of the first colt went down one side of
the face, and I am positive it had one white heel behind,
and I believe it had two. I think the second colt also
had a star on its forehead. I was not at all interested
in these colts, and had no reason for taking particular
notice of them. I don't know much about horses, but I
can tell a horse from a mare.—(Laughter.)

Re-examined.—l am sure the horse I have seen at
Guildford is not the first colt that was with the mare.

Watton, the driver of a fly, deposed that he saw a
chesnut mare and a colt at Mr. Hicks's, and he remarked
that the mare had a very long tail, and that the colt had
a white mark down the face, and two white heels. He
saw a second foal with the mare, in the opening of
1842, and he had seen the same colt and mare at Guild-
ford. He was sure it was not the first colt that that was
shown to him at Guildford.

Cross-examined—Had been among horses all his life,
but could not tell the age of a colt by its mouth, nor
what teeth'it had when it was two years old. My mas-
ter has bought some hundreds of horses, and I havo
looked into the mouths of a good many of them, but I am
no judge. I know nothing about the age from looking,
andonlydalsofrom curiosity.—(Laughter.) I cannot tell
anything about the age of a horse by looking in
its mouth.

William Taylor, a farmer and coal-dealer, residing near
Walton, gave similar testimony to the former witnesses
relative to the two colts being at Newman's farm in
1841 and 1842. He also said that the horse at Guildford
was marked in the same way as the second cult, but he
could not swear positively that it was the same horse,
although, according to the best of his belief it was.
Margaret Hopkins proved that she went to work at Mr.
Newman's, and remembered seeing the colt in 1841, and
remarked that it had a very pretty little head. She
also saw the second foal in 1842, and she gave a similar
description of it to the other witnesses, and expressed
her opinion that Bloodstone was the same colt.
John Hawkins deposed to seeing the mare and the
colts, and also stated that he had frequently heard it
remarked of the first colt that he would make a good one
to drink out of a jug, as he had such a small nose. He
expressed his opinion that the horse now in Guildford
was the colt that he first saw in 1842, with its dam, at
Mr. Newman's.

William Taylor, a butcher in the neighbourhood of
Walton, gave similar testimony.
Patience Kitling was called to speak to the same facts,
but she stated that she saw nothing of the mare and the
second foal in 1843.
Cross-examined—Is sure she did not see the mare
and foal in 1843. The witness was evidently confused,
and she at length explained that she saw the same ani-
mals up to last Christmas. The witness was cross-
examined at some length ; and she several times altered
the dates of the different transactions which she pro-
fes•ed to speak to, but she persisted in saying that the
mare and the horse she had been shown at Guildford,
were the same animals she had seen in the paddock.