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

Mr. Joseph Pratt, a coach proprietor, driving upon
the road, past Mr. Newman's paddock, also spoke to
seeing the mare and the two foals, but he could not
identify the horse at Guildford, known as Blocdstone, as
one of those colts.

Mr. Davis deposed that he had seen the mare and the
colts, and he expressed his opinion that Bloodstone was
the colt brought to Mr. Newman's in 1842.
Cross-examined—Witness has bought several mares,
and, of course, he always looks in their mouths for fear
he should buy an old one for a young one,—(Laughter.)
Does not know the appearance of the mouth of a three
year old, because he does not buy them. Thinks he
could tell when a horse was under three years old ; but
over three, he would have a full mouth.
By the COURT—A horse has not so many teeth when
he is under three years old, as when be is over that age.
Cross-examination continued—l fe did not touch the
horse that was shown him at Guildford. Did not look
in his mouth, but it was not because Mr. Newman told
him not to do so.
Mr. IV. Coleman—l am a veterinary surgeon, end
have been in business for twenty years. I carry on busi-
ness at Cheam, in Surrey. In my judgment the appear-
ance of the mouth of a two or three-year old is not an
infallible rule to ascertain the age, hut I think you CBll
generally tell the age. It is sufficient to decide between
an early two year-old and a late three year-old colt.' Itf
.
an early two year-old colt was taken care of, and fed with
cow's milk and corn, as well as bring suckled by its den;
it would make a consideral)le difference in its growth and
general appearance. There was an appearance of lace-
ration in the gums where the tushes would be expected.
The training, or the manner in which a horse was bitted,
would make a great difference in the appearance of the
colt's mouth, and ke-ping the bit in the mouth would b°
likely to remove the temporary teeth much earlier. In,
my opinion the horse now in Guildford is thirty months
old, and if I had been called upon to examine him pre-
f,ssionally, I should have given a certificate to thet
*fleet

Cross-examined--I was at the last Epsom races when
Running Rein won the Derby. I don't know whether I
gelded a colt by Saddler out of Mab. but possibly I
might. I am not aware that Running Rain wait jer
cribed as a colt by Saddler out of Mab. It was so des;
cribed, but I know nothing about it ; but I know that
the horse that did run was an entire horse. I (lid not
give any information to the stewards, because. I knew
nothing of the matter. I castrated a bay colt for Mr.
Goodman, or Mr. Levi Goodman.
Mr. Pt.arr—Or Mr. Goodman Levi, for I believe he
goes by all these names.
Witness—He may. for what I know.
Cross-examination continued—l don't think I knew of
a horse named Gladiator, but I may have seen him at
Epsom. If I had to give a certificate of the age of
Bloodstone, I should say he was thirty months old.
Re-examined—l had nothing to do with the races al
Epsom, or with the pedigree of the horse described as by'
the Saddler out of Mab.
Mr. Brown, veterinary surgeon at Warwick,confirmed
the evidence given by the last witness relative to the
effect the biting a young horse would be likely to have
unon the teeth. He said that ha examined the hole
Bloodstone at Rockley, and he considered he was a two'
year old, and according to racing rule he would be con"
sidered a two•year old in January last. I have exa-
mined the mouth of Old England, the second horse
and, although his teeth are not so forward as those 0'
Bloodstone, I have no doubt they were both two-yest
olds. Old England is certainly a two-year old.
Cross-examined—l don't think there is any certal,n
rule to tell the age of such young horses. If a horse Is
entered to run as a two-year old, I consider he is a tw°'
year old—especially if he belongs to a respectable person'
That is not the reason why I say that Bloodstone is!
two-Year old. Bloodstone has got four permanent tsetuo
but I do not think that is a proof that he is a three-yent
old horse.
Mr. Bradshaw deposed that he was a veterinary or'
geon, and carried on business at Stratford-upon•Av°ll.
He saw Bloodstone run the race at Ascot, and 11
examined him on the 21st or 22d June. He did n°,
consider the mouth of a horse a certain criterion of
are, but in his opinion this horse was a two-year olor
The. mouth of a race-horse developes itself much sonnet
than that of another horse, on account of the mode
feeding and sweating them. He had examined I310°ce1:1
stone and Old England at Guildford, and was satisn.,
they were both two years old, but Bloodstone was elf
weeks forwarder than Old England.
Cross-examined—Bloodstone has not got any of §
molar teeth. If a horse is foaled in April or MaY hi
o
racing age is calculated from the January preceding, s 5
that he should consider Bloodstone to be now two year
old and a little more, and he would be considered a twtr
year old until January, 1845.
Baron PARKE—The issue is whether he was foaled i°
1842. Any part of the year will do.
Mr. PLATT—Exactly so, my Lord.
Mr. W. W. Bryan, another veterinary surgeon,
Guild,
posed that he examined Bloodstone yesterday at Gtl"0
ford, and, according to the best of his judgment, he w f
two years old. lie did not consider the appearance:d
the mouth a certain proof of the age of a horse, $3ll
witness had been mistaken on some occasions

regard to the ages of horses he had examined.
Cross-examined—He was of opinion that a her
being well fed would cause his teeth to grow faster.
This was the case for the plaintiff. a he
Mr. PLATT then rose to address the jury, an, the
observed that, having at length got to the end or the
plaintiff's case, it was his duty to lay before then' isy
evidence upon which the defendant relied, to ,rs'ltreat
them that the real facts of the case were very d!l';eatiff.
to those that had been alleged on behalf of the DA— 5..
The jury, no doubt, perfectly understood that the tin'
Lion at issue was whether the horse now called Bloodsr°l
was foaled in 1842, and that his dam was Romaike,
his sire Bubastes, and, although many of the pinintal
witnesses had boldly sworn that he was the same ann".o
he had no doubt that he should be able to
them conclusive evidence that in truth he was not
ea
It would be the duty of the jury to look at all the e'tb
cumstances of the case and see on which side the rrnee
really was. He submitted that the plaintiff's evidell,,
was very unconclusive, and he said it was very Ottro.
ordinary that veterinary surgeons should have been r
duced from distant parts of the country, when a bun pr,
skilful men, who could have no interest in the in't.„`-e.
might have been found in London, or in this irri'e
diate neighbourhood, who could have proved the beige
to be a two year.old horse if he really were s°. ja
would now state the history of the transaction.
1840, the mare Romaike was put to Lord Esetebis
Beiram, end in due time produced a foal, and while t be
foal was at her foot she was sent to Mr. Hicks's tothe
put to Bubastes, and it would then appear that erer
fraudulent proceedings commenced, for the next )s,
the same mare, which was a thorough bred fine rnniha
was sent in a false name to a gentleman named ", to
son, being represented as a half-bred mare, to be po•
a horse called Liverpool, and while in the possessionw
that gentleman, she was delivered of the real ButuBso.
colt. The jury had seen the conduct of Richard Newnie,
with regard to those letters that had been prodtleedbte
ferring to this transaction, and he put it to them were
ther they could doubt that he was not perfectly a"gr,
that some improper transaction was going on. (
Platt then read an extract from a letter written be
Richard Newman in the name of Crook, in whieho
stated that the mare was in foal by Bubastes, and th to
as she was only half-bred, and his object was mereli.ve
breed a steeple-chaser or hunter, he should not PO
more than 101. for putting her to the horse Liverplit,
In March, 1842, the mare Romaike was sent to ''o,l
Gibson's as a half-bred mare, and at this time shed i;
the mange, and was in very bad condition; an the
would be important for the jury to remember, the
evidence given by John Newman that he had ha erf
mange in his stable, which was a catching disordroe
in confirmation of the assertion that this was the 10
mare, although all the witnesses had positively sworn,
naro,
she never was at Mr. Gibson's. On the 17th of lolti
1842, the mare dropped the real Bubastes to
which was a weakly, small, miserable animal, and it'
this one no doubt the story told by the 'via
nesses about the castration affair referred. He Alio
prove those facts beyond the possibility of doubt, 1111(
should also show that Richard Newman applied to ',,
-
flicks to give him a receipt as for a mare covers ;O,
1841, when the occurrence really took place in lorar
which evidently showed that he intended to Inalte,s.Ohe
animal a year younger than it really was. . Mr. nifty
was aware that such a false receipt could only be re'
quired for some dishonest purpose, and he therefore.or
fused to give it. The Beiram colt was at that time e'ciiited
old, and if he had succeeded in getting the falsely oat
receipt it would have been evidence to show that he ces,
two-years-old instead of three at the period of the mend
The whole of the proceedings were very suipicious.o.4
there was strong reason to believe that Bloodstone boa
in reality the Beiram three-year. old colt. It Was 1,4 it
however, fee the defendant to prove that fact, at the
was enough forhina to show that Bloodstone was I°s for
Bubastes colt foaled in 1842. The principal witnesseatter
the plaintiff were all deeply interested in the °oat'
—the horse had been enteral for stakes arnct)ticl#,
jug to between twelve and thirteen thousand ro atit
and they, of course, felt a strong desire to nialt: the
their case, and this would probably account fed the
manner in which they had given their evidence; °letter.
conduct of Richard Newman with regard to the
which it was quite clear had been written by WT.; f
horse haying been entered for certain races 1,1;.e,003
J
would be placed in the Racing Calendar, and it "apaari
necessary that some caution should be used with. ":"Ne
to him; and, accordingly, in his first race for tnao be
Stakes at Ascot, Mr. Newman felt that if heLic,°l.efore
would excite attention and inquiry, and he tu_'-‘,,e, in
gave Bell, his jockey, instructions to lose the rl As .!
order, no doubt, that he might be regularly enter
two year old ; and having been beaten it was wool
no inquiry would be made about his ace, but
.11 ware:
be acknowledged as a two year old horse
_rayon;
Immediately after the race eminent veterinary. s"cS'lt t°
were called in, and they at once pronounced
be a three year old horse, and they would as:h 00Y
day repeat that opinion, not accompanied vic,:;.to.ioll4
evasion or doubt, but positively and coan-, el
as they did at first. The Learned. details
then went on to state other facts, which will
in the evidence, and concluded by
confident that the jury would award the tnci,
expreSgSlankges to t.l1;
defendant, who was the proprietor of Old I'.3l.A_d 8100
second horse, and that they would be sati
stone was not the horse he was represented t0,i.0.
.t
The following witnesses were then examined jive
it''a
Mr. Henry Hicks, examined by Mr. Suro,
Bhui
Atherley, near Cheltenham. In the spring r_.l /0 1:0
a stallion called Bubastes, which I had hiroef.d
thew
.1,0
two mares were sent to Bubastes. One gonio.
Romaike, and she was covered by Bubastes.
_arc.
was a chesnut mare ; the other was a brro
jvcorilarsewniailla
maike came to me in the name of M_-r ,ewraan asa_',lo
She had a colt at her foot, which 31 :if/taco, JTi.c.
was by Beiram. Just before War";le_i_4_. to ask
fa,P'e4
Newman came to me, and requested Im' A
half 1541
Gibson what he would charge for the P.-,
session or Mr. Gibson. i asked .
to be put to Liverpool, a stallion then 111 e o..ariagrY