The Sun.
London, England, 1844-01-10 00:00:00

HITCHIN.PETTY SESSIONS.

THE TROTTING MATCH AGAINST THE BEDFORD
COACH.—The late case of alleged cruelty in drivine, a
pony from Bedford to London, against, the Times Bed-
ford coach, was yesterday brought before the notice of
the presiding Magistrates, at the Town Hall, Hitchin.
There were present, the Rev. W. Blomfield, Chairman,
the'Rev. W. Hall, .J. Curling, Esq., the Hon. Mr. Ryder,
F. R. D. Radcliffe, Esq., &c.
Mr. May, the Secretary to the National Animals'
Friends Society, and Mr. Thomas, the Secretary•to the
Royal Society for the Prevention of Cruelty to Animals,
attended in support of the informations laid by their re-
spective Societies, against the party accused of the
offence.

The information charged the defendant, Alexander
Burke, with having wantonly and cruelly ill-used and
tortured a certain gelding at the parish of Hitchiu.
The defendant surrendered, and pleaded Not Guilty.
Mr. Wooller appeared on his behalf.
Mr. THOMAS briefly addressed the Bench, and said
he appeared on behalf of the Royal Society for the Pre-
vention of Cruelty to Animals, to prefer a charge against
Mr. Burke, the defendant, of having acted with wanton
barbarity towards a pony. He then proceeded to state
that the pony in question was matched to go from Bed-
ford to London, and return, and to perform the journey
back to London on the second day in the same time as
the Times Bedford coach. The unfortunate animal did
go to London, but on its way back it was evident it
could proceed no further; but notwithstanding_ this was
quite apparent to every one, it was urged on, and
another horse was hooked to it, and it was dragged to
Shefford, where it was taken out, and died shortly after-
wards. The following evidence is then adduced:—
William Hand deposed as follows—l am a police-
constable, stationed at Shefford. I recollect the 18th of
December. On that morning I saw the defendant drive
through Shefford towards London shortly after the
Times coach. He was driving-two ponies. The one at
the wheel was a grey one. The horses were harnessed
to a common gig at that time. I afterwards saw the
defendant returning at night with the same grey pony,
on his return from London, and I observed that the
pony shook its head, and did not seem able to go any
further. It was taken into the stable of the White Hart,
and I went there and observed that it seemed to be very
much distressed. One man led the pony, and another
walked by his side into the stable. At first it stood up,
but almost immediately afterwards it fell down.
Mr. CURLING—Did the animal appear to fall down ex-
hausted ? Witness—lt did.

Examination continued—About an hour after the
pony was taken into the stable it died. A man was hold-
ing its head, and he let it fall, and said it was all over,
for the pony was dead....

Cross--eLmined--I did not see Mr. Burke touch the
grey pony either with a whip, or stick, or anything else.
He struck the leader once or twice.

By the BENCH-11e did not strike him either going or
returning.

Timothy Gommeth, a police-constable of the F Divi-
sion was next examined. He said—l was on duty near
the George and Blue Boar, Holborn, about two o'clock
in the afternoon in question, and I saw the defendant
drive out of the yard immediately after the Times coach.
There was a great crowd of people, and I was obliged to
clear the people away, and there was a talk about Mr.
Burke driving his pony against the coach.
Michael Connor, another policeman, proved that about
a quarter past one o'clock, on the 18th, he saw the de-
fendant driving the pony towards London. He also
proved that he knew the grey pony as belonging to the
defendant.

Mr. Charles Tunes deposed that he was a solicitor,
and on the 18th December he saw some person, whom he
could not identify as the defendant, driving a grey pony
and a galloway near the Town-hall, Hitchin, and
going towards Bedford. He followed him in a gig as far
as the turnpike, and the prisoner, who was driving,
the horses, asked if the Bedford coach was gone through,
and witness replied, " ten minutes." The defendant
then asked him either to ride behind or before him, and
not to keep b)f his side, and this was all that passed.
The pony seemed very much distressed, in fact, " beat."
It did not touch the collar, and the leader seemed to have
had " quite enough."
Cross-examined—Shefford is seven miles from Hitchin.
He did not see him bit the pony in the shafts, but he
did strike the leader.

By the BENCH—Shefford is about forty miles from
London.

George Farrow, a road labourer, proved that he saw
the defendant driving the pony towards London. Wit-
ness was putting down gravel on the road, and the de-
fendant held up his whip and said that ho was the worst
enemy he had. He saw the defendant again on the
afternoon of the same day—the grey pony seemed
dreadfully distressed, and appeared to be dragged along
by the leader, and to hang on the breeching.
Cross-examined—Did not see any breeching to the
harness.

Richard Oliver, an inspector of police, proved that he
saw the pony passing through Cadicate apparently
dreadfully distressed, and the leader dragging it along.
The coach had gone through five minutes before. The
pony travelled as though it could hardly get one leg
before another.

By Mr. RYDER—The, pony was going at the rate of
eight or nine miles an hour when he saw it.
Mr. THOMAS said he had summoned a person named
May, a toll-collecwr, but he was not present.
Mr. WOOLLER. then addressed the bench and pro-
ceeded to contend that the specific charge contained in
the information had not been made out, and that there
was not the least evidence of the defendant having acted
with any cruelty towards the animal; but on the contrary,
all the witnesses had positively negatived the supposi-
tion. He admitted the animal had been set to a task
above its powers, and the failure was in a great measure
to be attributed to the bad state of the roads, for he was
instructed that upon other occasions the animal had per-
formed even greater feats than the one in question. The
animal was a great favourite of the defendant, and was a
source of considerable profit to him ; it therefore was
not likely that he should wilfully cause its destruction.
After some further observations Mr. Wooller called the
following witnesses on behalf of the defendant.
Mr. 11. Milburne deposed that he resided at Holloway,
where he carried on the business of a licensed victualler.
He knew the defendant, and was present when a wager
was made for two amounts, 30/. to 101., and 21/. to 71.
The effect of the wager was that he should stand to will
81/, to lose 271. The wager was that he was to drive
his pony from Bedford to London and return, against
the time of the Bedford coach, and come again to London
on the next day. The condition of the match was that
he was not to use either stick or whip to the pony, or he
would lose his wager; and he said at the time that those
who backed him must not be angry, for he should pull
up if he found his pony the least distressed. Witness
did not consider the match beyond the powers of the
pony to perform. He saw the pony in London, and it
appeared so fresh that, but for his knowledge of the
fact, he should not have thought it had come further than
from Barnet. He saw the pony after this, and it seemed
so fresh that gentlemen were laying even bets in its
favour. Witness was aware that this pony had before
performed some extraordinary feats.
The BENCH thought this had nothing to do with the
case.

Cross-examined—lrad known the defendant four years.
Mr. TIIOMAB —Are you not aware that he has killed
three horses in matches, against time ?—After some dis-
cussion as to the admissibility of the question, the wit-
ness said he was not aware of the fact. The witness,
after being pressed, said he had heard that Burke had
ridden a horse twenty miles in an hour, and undertook
to jump over twenty hurdles, and the horse died at the
eighteenth hurdle.
Cross-examination continued—Witness did not ac-
company the defendant in this match, but a number of
people did so. Mr. Spring accompanied him the whole
of the distance. ])id not know that the pony was taken
out at Welwyn because it was ill. lie had no conversa-
tion with him about the match—in point of fact, he was
oppmed to him,- so far as the match was concerned, as he
had laid his money against the undertaking being com-
pleted. Mr. Spring, and Burke certainly came to his
house after the match, and said how much they regretted
what had happened.
Mr. RADCLIFFE—You have told us that you laid
against the pony, and yet you have said you were cer-
tain the pony could win. Witness—l put down the
money, in order that the match might be got off.
Mr. RADCLIFFE —And you expected to lose your
money ? Witness—Yes.
Cross-examination continued—ilad never beard it
stated that Burke was a considerable gainer by losing
this match.

Thomas Winter, better known as " Tom Spring," de-
posed that he had nothing to do with the making of the
match, but saw it while it was being proceeded with.
The pony was very fresh in his opinion when it started
on the second journey from the George and Blue Boar,
and in his opinion it was able to perform the match.
Witness accomPanied the. pony to Shefford, and on
Burke coming up to him about two miles from that
town, Burke said to him, "I am beat." Witness told
him he did not think he was, for the pony seemed lively,
to which .Burke replied that he found him falter in the
last two or three hundred yards, and he at the same time
" You know you have heard me say that' the
moment I found 'the pony was beat, I would pull up at
the first house I came to, and I mean to do it." They
did not know, it being dark, where they were, and on
being informed they were about two miles froth Shefford,
they resolved to proCeed thither, and gave up the match,
and only went on at a very slow pace, in fact, a jog-trot.
At Shellbra every attention was paid to the animal.
The CHAIRMAN—BIit; notwithstanding that, it died ?
Witness—Yes.

• Cross-examined—Witness followed the pony down to
Welwyn. It was taken out there for refreshment, and
gruel given to it, was rubbed down, and appeared quite
fresh. The pace up to town was about eleven miles an
hour. They had leaders. The first was taken at the
Bald-headed Stag, Finchley, the next at Barnet, and a
third at Welwyn. The pony seemed very fresh. Wit-
ness was in a post-chaise, a few yards a-head of the
pony, but he had opportunities of seeing the pony when
they changed. They had no leader between Welwyn
and Sheilbrd. If the lender had dragged the pony along
he must have fallen down. lle did not see much of the
condition of the pony after he left Welwyn. Witness
gave the pony some old ale near Shefford. It was cer-
tainly distressed when it arrived there.
The 13ENcH remarked that, according to the testimony
of Mr. Spring, the defendant had at this point said he
was beat, and he should go no further.
Cross-examination continued—A veterinary surgeon
was called in to examine the pony. It was a beautiful
little pony, and he wished he had its fellow. On the
18th of December the road was very bad. It was a most
unfavowable day in every respect. -
By the CHAIRMAN—When the pony was in London,
gruel, with sherry in it, was given to him. It had no-
thing but gruel at Welwyn.
Mr. Joseph Thoraas Powell deposed that he was a
veterinary surgeon, and remembered being called in to
Ito the pony, but unrcuituuttely not bare it was too

late. He was directed to pay every attention to the
pony, and he did so. He examined the body, and in Ills_
opinion its death was occasioned by congestion of the,
lungs, arising from the state of the atmosphere, but 01
course its death would not have taken place but for, the
exertion, although he had no doubt, under favourable
circumstances, it might have accomplished the (ask.
The CHAIRMAN asked for some explanation.
Witness—The atmosphere was most peculiar. It Iva:
such a day that if you had galloped a horse ten miles, It
would very likely have died. ln his opinion the death
was occasioned by congestion of the lungs, partly necy
sioned by fatigue, but as much from the state of the
atmosphere.
Cross-examined—,-He was not at all interested in the
match, and in fact he knew nothing about it until he n'ag
sent for to attend the pony. He gave a certificate that
the pony had died from congestion of the lungs, OCCS
sioned by the fog. The air cells of the lungs IV,e_r.
;
gorged with blood. The stomach was very healthy, but
it was of course nearly empty, and merely contained "
small quantity of oats and beans. He did not observ.e
any appearance of the pony having sustained great Pill
or torture before it died. He did not observe any Whip
marks on the horse's body.
By the BENCH—Had seen many cases where boiled
had died from over-exertion, but it was in a great nletii
sure to be attributed to the atmosphere. He did no
think the match ought to have been attempted on such •
day as this was:
John Miles stated that he was servant to the defendant
and by his orders he took charge of the pony at Bedfor?
It had been under his charge for some time and was '-
i,
excellent condition.

Mr. WOOLLER intimated that he had other witnesses
in attendance, but he did not think they would carry Pitt
defendant's case any further.
• Mr. THOMAS briefly replied, and submitted that the
charge had been clearly made out, and called upon PI
Bench to convict. In the course of his remarks he 9°l,
he had no hesitation in expressing his opinion that t"
animal had been sacrificed for the purpose of putting
money in the pockets of the parties who made the notcl'i
(The defendant declared with warmth that this was ne
true.)
The Bench having retired for a short time to delibel
upon their return into Court, the CHAIRMAN said ft...
magistrates were of the unanimous opinion that Lt)
offence had been proved. There could be no doubt 94,.#
the defendant must hav(a been aware of the impossibiktla
of the pony performing the task in such weather, and th
Magistrates regretted that the Act of Parliament utio
not give them power to inflict a sufficient penaltik,;
mark their disgust of the defendant's conduct. T"'",,,
would, however, inflict the full penalty, which was for''
shillings and the costs.

The defendant at first said he should appeal, bat even'
tually he consented to pay the penalty and costs.
The information laid by Mr. May was withdrawn.
The proceedings appeared to create a good deal of in ,
terest, and the Town-hall was crowded by the inbawl
tants of Ilitchin and the neighbourhood.

IRELAND.'
THE STATE TRIALS—ROMAN CATHOLIC AGG°'
GATE MEETING. • •
DuniArr, JAN. B.—ln three hours after the announce
that every Roman Catholic on the jury list had been struck;
by the Crown, the requisition convening an.aggregate ineetirn,
of the Catholics in Ireland, was signed by sixty:.five barriste;
only three of whom are Repealers. The requisition list
filling very rapidly, and the deepest excitement prevails, %ot
eially amongst the Roman Catholic population. The three PA
names appended to the requisition are Richard Lalor Shiel,
Thos. Wyse, M.P., and N. Ball, son of the Right Hon. .111"'
Ball.
'Ol
" The Crown solicitor having, on Friday, the sth day a
January, struck off the jury panel of forty-eight which had
ballotted for the pending State trials, all the Roman Cello,
upon it—namely, eleven—we, the undersigned Roman 010
lies, considering that pr3ceeding on the part of the Crowe
an insult and a wrong to the emancipated Catholics of Irell",
perpetrated by a Government of which the leading 'BlOO
bers have repeatedly expressed their determination
administer justice without reference to religious ;1')0,
tinctions, request an aggregate meeting of the
of
lies of Ireland, in Dublin, on Saturday, the 13t`'
January, 1841, to petition our beloved Sovereign, that
or
may be graciously pleased to direct her attention to the
duct pursued towards her loyal and devoted Catholic saltlae
by her Majesty's Government." It is intended that the
,7be
man Catholic Primate, 1)r. Crolly, should take the chair 0..,,df
aggregate meeting. Several offers of co-operation have alrireei
been received from distinguished Protestant Liberals, rho;
and others • bet the Catholics, under the circumstances, 1-00,
determined that the movement should originate with the 04.
hers of that body. It has been determined to make this $ "
versal Catholic movement all through the British empire-
THE SPECIAL JURY.
It has been ascertained that one of the persons on theJoie
list returned by the Crown, and who is set down ass. whPi„esie,
trader, is employed as a porter or messenger in an exteoo
Conservative trading establishment in this city! The ,4000
was objected to by the traversers, but defended by the I r
and ordered to be retained en the list.

RE PEAL ASSOCIATION. pat
A very numerous meeting of the Repeal Associatioe tl
held this day, at the Conciliation Hall, in consequence °f oti
anticipated presence of Mr. O'Connell. The' Honottrablesgl!.
Learned Gentleman, who appeared
.to enjoy excellent he
jee
and was certainly in the highest spirits, arrived at a fee'
.
flutes after one o'clock. Shortly after which— ty °
C. LYNCH, Esq., of Ballyeaher Castle, in, the coon
Mayo, was called to the chair. be i"'
Mr. O'CoNNEr.r. moved that the following sentence
scribed on a banner, to be hung up in the Conciliation ilejet;
" The time is come when no Irishman, having the sinii-oul'
claim to the regard or respect of his county 010
longer hold back from expressing his sentiments. T'let ie'
(continued Mr. O'Connell) was a recreant of• the vier!, nal
scription, who did not come forward and declare for t'aceo
tionality of Ireland at that moment.—( Cheers.) It was 'nf tlO
a glorious prospect for the repeal cause, when the name °k4
illustrious. Charlemont was found once more in the On
his country. ifot,
Mr. M'TERNAN, a most respectable gentteman from Be
next came forward and avowed himself a Federalist. 00
Several remittances were then handed in, and among j
1291. 9s. Bd. from Rio de la Plata, South America. .3he
Mr. O'CONNELL then presented himself and said, he
that there should be no thronging or crowding the,r.seoce,
during the trials which were coming on ; and what diaLeeP
would it make, if he were found guilty or not, to the
cause in which they were all engaged ?—(Cheers.) "foe
tainly was not guilty of any offence but that of loving Ire'ostsl
(Cheers)—and he therefore implored them by that love '„etti
at home and read the proceedings the next day in the :nod
papers.—(Hear, hear.) In speaking of Mr. Montg;geir
Martin, ?dr. O'Connell alluded to the period when that eO,l
t'eman sought his patronage in London, in support or ,a
paper called the Repealer. He came to him (Mr. 0 C°o-tby
and said he was going to set up a repeal newspaPerle
plas
city by shares, and although he totally disapproved of tb
he (Mr. O'Connell) took two shares. The consequeaee;,llo'.
ever, was, that the speculation failed in a few months, asier.
Montgomery Martin then became a furious anti-RePteheso.,
(Cheers.) There was Mr. Montgomery Martin for
eso;i
(Hear, hear.) It gave him (Mr. O'Connell) great gi Lord
to find l
that the Association had taken up the subject 0017
Devon's Commission, which was as great a humbug
existed.—(Hear, hear.)
The rent for the week is likely to exceed 5001. f.
L
ATTEMPT AT MURDER IN NORTH TIPPER.-- thro
JAN. 7.—This town yesterday morning was pap 0110
into great excitement by a most daring and fearful agree car t If
rage, which took place in the immediate suburbs,
cell 00, ;
bridge of Tyrone, not one quarter of a mile from the 00,4
the town. It appears as a man named Gleeson weer by t",
from the first mass to his house, at Lisatomy, he was oleo%
men at the above place, and, on his passing thekis ig
turned quickly round and discharged two pistols at flood
which took effect, the balls entering the hack anebi'ol to;
out to the chest. On his falttng, they leaped uP°°o,l itrfe
kicked him, and deliberately walked off. The poor fei`che
yet dead, but there is no hope of his recovery. the rliit
Messrs. Power and Bowles energetically denounced diiferc
petrators of the atrocious attempt on Gleeson's life, at
masses in the chapel this day.

gs .. $
A COMPLIMENT.---“FRENCH SHo FRENCH WOODENII:4
ENGLISH WOODEN HEADS."—A curious statist annouee.oo
fact, that more than half the population of France wear„ ,%fw
shoes. This' is not so very remaXable when We v
Lord John Russell's authority, that considerably o'4 r
the half of the population of England, the agriculter" ,
Lion, wear wooden heads."—Post (Agricultural parer)% fre
THE Cuck-00.--Last week the cuckoo 11111' ar 0./
(pointy hoard in the neighbourhood of Vaco Lancaster Guardian.

B TETE S. - -(is fil
of
On the 4th inst., at Kensington, Mrs. W. Bueklet ifor.,"
On the 7th inst., at Surbiton-hill, Mrs. henry ru or
a daughter. ill' 0
On the 7th. inst., at Temple House, Cheethanl'h the
Manchester, the lady of P. Lucas, Esq., of a son- sz,ges'
On the 7th inst., at Great Bardfield Vicarage, ''' ar,
lady
Oof the Rev. B. E of a daughter. aor r,
On the 7th iust. at. tick's House, near Colne, I•ll,,eghteir,
the lady of Captain Atherton, late 6th Regiment, of tfa-rer
On the 7th inst., at Epsom, the lady of John " di°
Esq., of a son.
~f
ifr '
On the Bth inst., at Dalton, near Ulverstone, the
A
Rev. John Baldwin, of a daughter.
the tfifr
.
.1
On the Bth inst., at Plumstead.common, Kent, - 0'
Captain Payne, Royal Artillery, of a son. - $544
On the Bth inst., the lady of Alfred B. Bloxarlb oh'
Cambridge-street, Hyde-park, of a son.• r $°
On the Bth inst., the lady of Isaac Walker, Eel' ° ,fi,,'",
gate, Middlesex, of a son. tl''
On the 9th inst., at Princes.street, Hanover-On.. eb'orti. flit
of the Rev. Dr. Lord, of Tooting, of a daughter, still
On the 9th inst., at Montagu-street, Portman-7' 014'
lady of W. Archer, Esq., surgeon, of a daughter- nark, z
On the 9th inst., at St. George's-terrace, Hyd::_(
George Arbuthnot, of a son. JO:
MARRIED.• .:
Beffe op
On the 341 inst., at St. James's Church, Bath, th,edot a
'Chandler, of Witley, Surrey, to Caroline Mary. IT tb• oeeret
ter of the Rev. John Brownlow, of Green-nark, 'iley. ester'
On the 6th inst., at St. John's, Hackney, the die, stet'
Christopher Hodgkinson, M. A., to Isabella l'Yoloore
(laughter of the late W. Spence, Esq., of UPPer
place, Dorset-square. lle
• 58 rebeci
DIED. te r eife J
- At Zante, on December 11, universally lame') and
.1,
Maria, eldest daughter of Pry se L. Gordon, Efq'acoefr. 0
F. L. Ch'aranda,• Esq., Assistant Commissar,' do"
late Collector of the Customs of that island. , gr. '- it,
On the 7th inst., at Hillingdon, near Uxbridge cote
Rumaey, aged tore,
On the 7th inst., at Gower-street, Bedford's 414
William Compton. t, ill.se r, 7tAt
On the Bth inst., in Upper Mentague-strert. 010- je .
square, Ann Martha, only (laughter of the late._si!rtioece. 41
On the Bth inst., at Upper Seymour-street, r!', serfl per
Charles John Middleton, Esq., late Bengal Ci"f gr.
.„
o ow,
On the Bth inst., Elizabeth Penelope, wile
d tilbedge
Granger, of Elliot-place, Blackheath. ,on boar.
OT'
On the 24th of August last, at Bagdad",
:tocrilll 0
East India Company's steam-vessel the 11:;euteo$ rot
Augustus Frederick Danvers, Esq., late First ' Fe,
Portsmouth division of Royal Marines. concis,ll4te 441
On the 2d of September, at Hong-KOPg, "f the 'IL ~0
Esq., Deputy Commissary-General, only son .icilli
Admiral Sir Edward J. Foote, K.O B. singe, frO
On the sth-of November last, at 'Sukkue, it,'
_ia.
0' the 011
Ellice Pollard, Esq., of the Bengal Aledical Se!,ter, etor
On the 6th inst. at Beech-hill, near Manch', proptl ,
year of his age, John Edward Taylor, Esq' 0
principal editor of the Manchester Guardian. _,,6:01, iti
---61ift lt°"1:
London : Printed and Published by Al —..,- la, le.-
Ne. 112, Strand, at The Sun Office, rio. jO,
-the County of Middlesex, Wednesday, Jaw'