The Sun.
London, England, 1844-07-02 00:00:00

surgeon named; Gurling attended him. The horse when I
saw him at Epsom had the scar. He has it now. I have
frequently seen Higgins about the horse. He was christened
at my house. He was got by Gladiator, and Higgins looked
into a book and found the word Spartacus, and he was so
christened.—(Laughter.) Afterwards his name was changed
to Macctibeus.
Cross-examined by Mr. CocKnurtx—l have not one shilling
upon the race, nor one shilling upon the horse in any way.
Re-examined by Mr WORTLEY—fIow came you to get off
your horse on purpose to examine him at Epsom ? Witness
—Why, I thought I should like to see him again.—(A laugh.)
Mr Odell frequently saw the colt in my paddock.
George Odell, examined by Mr. MARTIN—I am a horse-
dealer at Northampton. I know Henry Higgins, living at
Vigo Cottage, near Northampton. Know Mr. Worley. In
October or November, 1841, I saw a bay colt at his house.
Mr. Worley himself showed me the horse.. He was a bay
colt, well made, good looking, black legs, 15 hands and a
little more, good head, strong in his quarters. I went several
times afterwards to Mr. Worley. Almost every time I went
there I saw the colt. I saw the injury. It was a cut above
the near knee. I afterwards saw the colt in -Northampton.
That was in February. It was at Mr. Higgins's, the Vigo
Stables. I saw him once there, but several times out at exer-
cise. I saw him as late as April: The man who led him
' about was named Jacques, but he is now dead. I know a
paddock at Northamptom, of which Mr. Markham had the
letting. I saw the colt there. This was the spring of 1842.
Ile continued there to the end of the summer. He had a fresh
accident. The same leg—a little lower down on the aide of the
knee. I was at Epsom at the last Derby. I went there with
Mr. Worley. I saw the horse there called Running Rein. I
got off the horse and went close to him with Mr. Worley. I
will swear that was the same colt I saw at Northampton. I
saw both the injuries• on his leg. I will swear most distinctly
to the cult being the same.
Baron ALDERSON—Who is it keeps this horse away—who
is it ? On the Thursday I make an order for the horse to be
seen, and on the Wednesday it has vanished from the face of
the earth 1
Mr. Cocanwsx—lndeed, my Lord, we know not. I think
I may be allowed to tell your Lordship that before ever this
action came into Court Mr. Wood told Col. Peel he was
afraid he had been deceived in the representations made to
him 'about the horse. I assure your Lordship Mr. Wood's
character stands high.
Baron ALnunsox—l don't doubt it.
Mr. COCKBURN—IIe bought the horse fairly and honour-.
ably—took it with all its engagements. lie now sees the ne-
cessity he is under of withdrawing from this case. He feels
lie ought not to attempt to carry it further, and he will not
do so.
Baron ALDEnsorr—Well--
Mr. COCKBURN—Permit me, my Lord, one moment. May
I venture to say a few words upon a subject which has
immediate reference to this case and which has been the
cause of giving offence to an individual now in this Court.
My Lord, I have received a communitatiow. from Lord
George Bentinck, couched in terms
Baron AmEnsoN—What—couched in terms
Mr. CocKnunx—ln terms, illy Lord, of perfect courtesy.

Baron ALDERSON—GO on, 111 f:. Cockburn.
Mr. Cocummtx—Couchedin terms of perfect courtesy, and
m a tone perfectly unexceptionable. In that communication
his Lordship complains that I have made a charge with
respect to his conduct, and that I have not put him in the
witness box, where the opportunity would be best afforded,of
substantiating that charge or of proving its utter injustice. My
Lord, my instructions were clear, specific, positive ; my instruc-
tions declared that he had'pursued no middle course even,
but one of an extreme and an astonishing character. That
he had tampered with the wituesses it was proposed to call
before the Court. That to some he had held out threats—to
others promises. That throughout the whole of these pro-
ceedings, from the very moment of their commencement to
the period of their opening in this Court, he had made the
greatest personal exertions, and bad used his personal in-
fluence amongst the witnesses and other parties in a way and
to degree which would naturally subject him, if true, to
the severest reprehension. Nay, my instructions asserted as
fact, that even his Lordship's own residence, llarcourt House,
had been made subservient to the purposes of tampering
with my client's witnesses. That therein some of the
witnesses had been lodged and fed, and that therefrom one of
them had been taken by his Lordship's own valet, and by his
Lordship's own directions, to a tailor, in order to be clothed.
Pecuniary promises, I was also instructed, had been directly
made by his Lordship. Not merely were these my instruc-
tions, but I was directed to call as a witness a person from
whom, I was advised, every one of these facts it would be my
duty to extract and elicit. And I was instructed specially, if
these things were denied, or failed in proof, to call such a body
of witnesses as would place them beyond the chance even of
a doubt in the minds of the jury. These, my Lord,
were my instructions. Under these circumstances, and
his Lordship, in fact !being the prime mover in
the case—and this neither his Lordship, nor m y
Learned Friend's counsel on the opposite Side wish to deny,
I thought it better, fairer, more proper, that these matters
should be introduced by me at once, in order that my Learned
Friend, the Solicitor-General, should know them at once,
rather than that I should introduce them at an after period,
when they could not have the same notice, or their justice
and application be so thoroughly sifted. Lord George Ben-
tinck was subpoenaed by us, because it was said that Mr.
Carter would be called on the other side; therefore we have
had no opportunity of doing that of which his Lordship com-
plains—of putting him in the box—or it certainly would
have been done. I must state that Lord George
Bentinck makes no complaint whatever of the privilege
allowed to counsel ; on the contrary, he states that
he honours and respects it, and holds it essential to the in-
dependence and utility of the bar. His Lordship complains
not of the charges made—he complains that by not having
been put into the witness-box, he has had no opportunity af-
forded him of rebutting them. I have made this statement be-
cause I think it my duty to set myself right with Lord G. Ben-
thick by telling him clearly and explicitly what were the in-
structions I received, and to give to his Lordship this opportu-
nity—or any other he may. think a better or more appro-
priate one—of giving a denial to them.
Baron ALDEasole—But I don't think anything is required.
You, Mr. Cockburn, acted upon your instructions ; and
counsel must, without hesitation and without scruple, state
to the Court and jury that which it appears to them proper
for the interest of their clients, however high in station may
be the parties of whom they are speaking. I have not seen
anything which trangressed the proper rules, according to the
instructions you received.
Mr. CocunurtN—l am bound to say, my Lord, that Lord
George Bentinck, does not complain of that. On the con-
trary, his Lordship states his high sense of the value to
society of the thorough independence of the Bar.
Baron ALDERSON—I am quite sure nothing has been said
by you that could give ground for a charge of impropriety in
the conduct of your case.
Mr. WORTLEY (second counsel for Col. Peel, the Solicitor-
General having left the Court)—There is no complaint of the
kind made by us, my Lord.
Baron ALDERSON—Oh, no ; no ground for it. Lord George
Bentinck was most anxious to work out the truth. Nothing
more can be said.
Mr. Wontuw—No person feels more than Lord George
Bentinck, the value of the liberty of the English bar. I
may add, however, that the fullest refutation would have
been given to the instructions of my Learned Friend Mr.
Cockburn, and to every insinuation that has gone forth to
the prejudice of my Noble Friend,. but for the abrupt termi-
nation of this trial. But for this circumstance, every charge,
or supposed charge even, against Lord George Bentinck,
would have been fully and clearly contradicted.
Baran ALDERSON—It's not necessary. (Turning to the
jury)—Gentlemen of the Jury—This is a case which I have
listened to with ugreat degree of sorrow and disgust, for to
my mind it is clear that a most atrocious fraud has been prac-
tised. I have seen, with great regret, that some gentlemen
of high standing in society have gone and associated them-
selves with fellows infinitely below them in rank and cha-
racter;. and can any one wonder at the result? If gentlemen
would race with gentlemen then such practices as have been
exposed would not exist ; but if they will condescend to race
with persons so much beow them then must they condescend
also to be cheated. You will find a verdict for the defendant.
Mr. WORTLEY—The verdict, my Lord, according to the
agreed terms of the action, is to carry the stakes.
Baron ALnEnsoN—Well, I believe the conditions were so.
Still you had better mention that matter before me at
Chambers.
The judge then retired; and the sporting world (as usual)
very soon left the Exchequer empty.