The Sun.
London, England, 1844-07-01 00:00:00

THIS DAYS NEWS

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HOUSE OF LORDS.-(THIS DAY.)
The House sat to-day to hear writs of error. The Peers
present were the Lord Chancellor, Lord Brougham, Lord
Campbell, and the Earl of Redesdale. The Judges were also
in attendance, and among them we noticed the Lord Chief
Justice of the Common Pleas, the Lord Chief Baron of the
Exchequer, Mr. Baron Parke, Mr. Baron Gurney, Mr. Justice
Coltman, Mr. Justice Williams, and Mr. Justice Patteson.

GRAY V. THE QUEEN.

This case came before their Lo;dships upon a writ of error
from a judgment of the Court of Queen's Bench in Ireland,
by which the petitioner, Samuel Gray, was sentenced to
transportation for life for firing at and killing a person named
Owen Murphy. The principal, and indeed the only question
in the case, was whether a party indicted for an offence
not punishable with death, has the right of peremptorily
challenging any of the jury :—Samuel Gray, the petitioner in
error, was indicted at the. Lent Assizes 1842, for the
county of Monaghan, for having committed a felony in firing
at and killing Owen Murphy. The charge was founded, and
the indictment framed, upon the stature Ist Victoria, cap. 85,
section 3. Gray having pleaded not guilty, the trial pro-
ceeded at the Assizes until, in consequence of the illness of one
of the jurors, they were obliged to be discharged without
giving a verdict. At the Summer Assizes, in the same year,
the trial was again brought on; but the jury not agreeing in
their verdict, were discharged. A similar occurrence took
place at the Lent Assizes in 1843. The proceedings were then
removed by the Crown to the Court of Queen's Bench, and
in Easter Term, 1843, Gray was required to plead to the
indictment in that Court. -Upon this Gray pleaded that he
had been tried for feloniously shooting at Owen Murphy and
acquitted. To this plea the Attorney-General [demurred,
and Gray having joined in the demurrer, it was argued, and
the demurrer was allowed, and Gray was ordered to answer
over to the felony charged in the indictment. Gray pleaded
again " Not guilty" and the case was ordered to be tried at
the Summer Assizes for Monaghan. On the case being
called on, and during the empanelling of the jury, Gray
peremptorily challenged two of them, but that
challenge was disallowed, on the ground that it had been the
practice in Ireland not to allow a peremptory challenge in
any case of felony not punishable with death. The trial
then proceeded, and the petitioner Gray was found guilty
and sentenced to transportation for life. Mr. Justice Perrin
declared his opinion, and gave his judgment that the chal-
lenge ought to have been allowed, and that the judgment on
the verdict ought to have been arrested, and a venire de novo
awarded; but the Lord Chief Justice, Mr. Justice Burton,
and Mr. Justice Crampton were of a different opinion. Under
these circumstances Gray brought the writ of error that now
came on for argument.
Mr. NAPIER and Mr. DAWSON appeared for the petitioner
in error, and contended that the sentence ought to be set
aside, on the ground of the challenge of the jury by the pe-
titioner being refused, and because the incidents of the de-
fence and trial of all felonies were the same, and the right of
peremptory challenge appertained to the trial of felony, as a
specific class of crime, and had, therefore, been uniformly
allowed in England on the trial of felonies not punishable
with death, as well as capital felonies.
The Attorney-General for Ireland and Mr. Waddington
appeared on behalf of the Crown.
The arguments were proceeding when we went to press.

Mr. Cocktunx—And did not shrink from it. The proper
qualification of the horse—its actual identity should be fully
proved, not by one witness or by several witnesses—
but by a whole host. In the month of June 1842,
Mr. Cobb sent the mare Mab to The Saddler where she re-
mained for eight days. She was taken thence to Newmar-
ket, and there remained till the 11th of May, when she foaled
Running Rein. They were taken to a paddock at Sutton for
a certain time, and then both were taken back to Newmarket.
The colt was constantly attended by Kitchen. In November
he was seen by a person of the name of Stebbing, who was
employed by Mr. Goodman to buy up some colts fur him. Mr.
Stebbing soon afterwards, late in November, commissioned a
person named King to go and try the foal. This was done,
and he was taken to Mr. King's at Malton. He there
remained from 7th September till 17th January, attended to
by the same man. On that day Stebbing sent a man
to bring him to York, in order to send him
by railway to Mr. Goodman's stables, near London. He did
so, and delivered him to a servant of Mr. Goodman's. This
was the first stage in the matter, and numerous witnesses
would fully sustain the identity to this point. The descrip-
tion of bins was this :—a bay colt with a few white hairs only,
and had this peculiarity, cracked heels, which the horse had
now, and had when foaled. He was also wider between the
ears than thorough-bred horses generally are. Ile was re-
ceived at Euston-square by Mr. Goodman and servants, and
thence went for two nights to stables in Foley-place, and
thence he was taken to the stables of Mr. Pearl, who would
give most satisfactory testimony to them. He remained there
ten days, and was thence taken to a Mr. Bean, at Finchley,
to be turned out. Whilst at Bean's, he was seen by Mr. Pearl,
who would corroborate the testimony, that it was the same
as that which had been at his stables. Many persons saw
him, all of whom would corroborate the evidence as to the
identity of the horse that won, and the colt that was foaled
by Mab. Whilst at Finchley, Running Rein slightly injured
himself on the near fore leg, which, however, left a scar, but
a very slight one indeed—enough still to assist in its identity.
On the 24th September' 1842, the colt was taken from Bean's
and taken to Haines's livery stables, where it remained till
the 27th, and the ostler attending it would be brought before
them. On that day, William Drewett, of Letherhead,
fetched it away. It was then just becoming a two-year old.
A trainer of the name of Smith, of Epsom, was selected by
Mr. Goodman to train the horse, and Drewett was the man
that took him to that person's stables. There was the
clearest evidence of the transfer of the horse on
the 27th of September. Ile was then unbacked, unbroken.
On his arrival at Smith's, he was put under the care of a man
of the name of Hitchcock; of course Smith himself having
his eye constantly upon him. He was seen by many persons
—amongst others by the Baron de Tessier. He continued at
Smith's, until February, 1843. Whilst there he was seen
both by Pearl and Bean, both of whom would distinctly
identify the colt. In February some disagreement took place
between Goodman and Smith, and the colt was taken away
by Goodman to Sutton, where he remained in training until
the autumn of the year, when certain engagements for which
he was entered, caused him to be taken to Newmarket. He
(Mr. Cockburn) came now to a most important epoch—that
of October, 1843. The colt was there entered for the Clear-
well Stakes, and for a race at the Houghton Meet-
ing. Before he ran for either he was entered
for a two-year-old fifty pound plate, which he won,
beating eleven or twelve others. After he won, the
Duke of Rutland, on the instigation of Lord George
Bentinck, objected to his having the stakes, on the ground
that he was a three year, and not a two year old. An inquiry
took place before the three stewards, Lord Stradbroke, Mr.
Greville, and Hon. George Byng. Between the race and the
inquiry a fortnight took place, and Lord George Bentinck, as
usual, not losing a chance where anything was to be gained,
sent down into Yorkshire for evidence. The matter was
thoroughly gone into by the stewards of the races, and they
unanimously decided in favour of Running Rein, and against
the objection raised by the Duke of Rutland at the instigation
of Lord George Bentinck, who, he begged to tell the jury,
was the real defendant in this matter, that high-minded and
upright man, Col. Peel, having nothing whatever to do with
it. Pending this decision he had run in the Clearwell
Stakes, and he was beaten by Zenobia, a colt of Colonel Peel's.
In consequence of this, he did not run at the Houghton Meet-
ing, and Colonel Peel's Zenobia, walked over the course.
After this, the colt was brought back to Epsom, and Mr.
Goodman had fallen into very considerable embarrassments,
owing, amongst other persons, a large sum to Mr. Wood.
Goodman could not pay, and wanted more money, and there-
fore proposed to Wood to take the horse for the debt, giving
him (Goodman) two hundred pounds more in cash.
(At this part of the proceedings two notes were sent by
individuals on the bench to counsel, and the Judge indig-
nantly said—" I am already in a very delicate position, and
1 trust no one will again attempt to make that position more
delicate still.")
Mr. COCKBURN said he quite agreed with his Lordship in
the necessity and propriety of his observations. He then
proceeded to say what then was Mr. Wood's position, having
fairly bought the horse, which had undergone a fair and full
examination as to his identity, and being burthened with his
engagements as all horses were bought. Surely the transac-
tion was straightforward enough ; and yet, because some
suspicion attached to certain transactions of Goodman with
regard to other horses—and because certain noblemen and
gentlemen (as they called themselves) had bet to an enor-
mous amount against the horse, Mr. Wood was now at-
tempted to be robbed of his gains. He spoke not of Colonel
Peel—not he ; no, there was an honest man ; but let other
gentlemen, and one or two certain noblemen, get into the wit-
ness-box—let them dare to do it, and he would turn them in-
side out.—(Laughter.) Why, many of these people—mem-
bers, aye, and high members, too, of the Jockey Club—he
could prove, laid heavily, enormously against Running Rein
at the very time they were preparing a case to dispute his
qualification. To proceed, however. A day or two
before he ran, Lord George Bentinck, Mr. Bowes, and Mr.
John Scott, signed a protest against Running Rein. The
stewards adopted the usual rule of the Jockey Club, and ap-
pointed a time for receiving evidence as to the identity of the
horse; and they determined that he was, prima fade, quali-
fied to run. He did run, and he won the race. It was ob-
jected that the stakes should not be given up, and a further
inquiry was to be instituted. Mr. Wood again prepared for
it ; but Colonel Peel refused to go into it, but offered to abide
by the arbitration of a barrister. This Mr. Wood declined, in
his (Mr. Cockburn's) opinion, most properly. After indulging
in some surmises as to the case which was to be brought for
the defence, and making a bitter and most acrimonious
attack upon Lord George Bentinck, who sat close behind
him, the Learned Counsel concluded by saying, that even if
it could be proved that Mr. Goodman had been guilty of im-
proprieties, he defied proof of impropriety as regarded this
horse, Running Rein, and that his own client in this case
(Mr. Wood) was as high-minded and as honest a man as ever
lived, and one who would be the very first to scout anything
like improper or unworthy conduct, whether in connexion
with the turf, or with any other business or transaction in life.
The following witnesses were then called and examined :
Thomas Lofthouse examined by Mr. JAMES—I live at
Norton, just across the bridge from Malton, in Yorkshire.
I know Mr. Copp, who had a mare called Mab. I took her
to Mr. Osbaldestone's to' be covered by The Saddler. This
was on the sth June, 1840. I saw her covered by The Sad-
dler. In May, 1841, she dropped her foal. I saw her with
the foal in a loose box at Mr. Cobb's. The foal was a bay
colour, with black legs and feet clear of white ; a few white
hairs on the forehead, but no star.- I saw the foal regularly,
two or three times a day. I know Mr. King's, at Norton,
near Malton, and there I afterwards saw the colt. I saw it
remaining there till the back part of the year. It left there
either in November or December.
Cross-examined by the SOLICITOR-GENERAL-4 men-
tioned a star because I thought you might think there was
a star.—(Loud laughter.) Never heard anybody say any-
thing about a star. I can't say why I added the words
" but no star." I thought you might think it was a star.—
(Loud laughter.) I have no other reason for saying" but no
star." The colt was a smart little foal, not a very big one. I
believe The Saddler has got a star upon his forehead, but I
really don't know positively. I never observed anything
about the colt's feet but that he was clear of white. his legs
were black two or three days after birth. I did not notice
whether the foal turned out the off fore-foot, but I did re

mark his four black legs,
John Kitching examined by Mr. Cocxsuux—ln the year
1840 I went to live with Mr. Cobb, at Melton. I remember
his mare blab. I remember her having a foal. I was pre-
sent. The foal was born in the stable, and there remained
for about a week, and then with the dam went to Sutton-
house paddock till the autumn. I constantly looked after
them in the paddock, and also when the foal was brought
back to the hay-house. The foal was a bay one, black legs
all the way up, a very few white hairs on the forehead ; ears
did not ail much—nothing much the matter with them, I
_ _

mean.—(Laughter.) In November Mr. Stebbing came to
look at the foal, and he bought it. Robert Spawnton, in the
employment of Mr. King, fetched it. I went with him. We
took the foal to Mr. King's, and I left it there. In October,
1843, I was applied to by Mr. Allen to go to Newmarket.
He gave me money, and told me to go to Lord George Ben-
. Una's lodgings. I went there direct on arriving at New-
market. His Lordship was not at home, and his valet
directed me to remain till his return: I did so. I stayed till
nine o'clock, and had some bread and cheese. I was then
taken to Mr. Kent's, Lord George's trainer. There I slept.
In the morning I did not go out till hip Lordship came, when
he and iiiiother gentleman took me to the Jockey Club. I
made a statement there, and I was then taken by Lord
Stradbroke to the stables, where I saw a colt. I knew
the colt. It was the one bred by The Saddler out of the mare.
I afterwards saw the colt again at Epsom, at the last Derby
race. I was before the Stewards before the race was run.

That was the fame colt I had seen at Newmarket, and the
same colt that was foaled from Mr. Cobb's mare.
Cross-examined by the SOLICITOR-GEXERAL.—I had bad
the care of horses with a farmer before I went to Mr. Cobb's.

I have been in no employment since the Derby. I have been
living at Mr. Glen's, the biscuit maker, in Regent- street.
Mr. Gill sent me there. I have not given up my situation at
York. I drive a lady out in a carriage when I am down
there. Mr. Gill has not promised to get me a place. He
never promised me anything. I am not to have anything for
my trouble if we win the trial—not that I know of. I have
never been promised 1004 and have no expectation of get-
ting any such sum.—(A letter was here banded to the wit-
ness, and the Solicitor-General desired him to read it care-
fully before he answered any more questions.)—That is my
handwriting. Mr. Gill did not promise to get me a place in
London, or that he would try and get me one. I don't know
that I am to be well paid for my trouble if we win the trial.
I merely wrote that letter to pacify my father. The letter is
all false—there is no truth in it.
The Jun(lE—Then you pacify your father by writing lies.
That's the Yorkshire way of pacifying parents.—(Loud
laughter.) Young man, you ought never to write lies nor to
speak them.
Witness—Well, Sir, I did not mean any ill. I don't re-
member Lord Stradbroke asking Goodman at Newmarket to
let Barrow, the person with his Lordship, look at the horse's
mouth. I can't say I was more than ten minutes after seeing
the colt that I made up my mind it was the colt foaled by
blab. I said it was the same. I swear I said it was the same
to the best of my knowledge. When a foal, it was a poor
shabby-looking thing. The dam was rather a bad nurse. I
was with the person (Stebbing) who
led the foal to King's.
Stebbing is here—so also is Mr. Cobb. I don't know Mr.
Watson, of Northampton. I never saw such a person. Glen,
the baker, has a house at a Queen-elms,: Brompton, and it
was there that I was. There was no other stranger there
whilst I was.

Re-examined—l remained in town with the consent of my
master at York. My father was sent to London to get
me away. Mr. Walker, the lawyer at Malton, sent him to
get me away. My father took me to Hicks and Morris, Mr.
Walker's town agents.
My father also saw Mr. Gill, and he
wanted to get from him a promise to get me a place, and Mr.
Gill refused.

Henry Stebbing examined by Mr. JA3fEs—l am a train-
ing groom at Hambledon in Yorkshire. In 1841 I knew of
Mr. Cobb's Mab having a foal ; I first saw it in Mr. Cobb's pad-
dock ; John King bought the foal upon my orders. He was
brought to Norton, where I sent a person named Watson for
him. I sent 281. by William Wise, my man,
to pay for him.
Mr. Watson took the colt to York, where I saw him. The
colour was bay, the four legs black, and he bad a few white
hairs on his forehead. This was in January, 1842. My brother
James was at York when the colt came there ; he was going
to Newmarket, on his way to London. I saw the colt put in '
the railway-box. I was at Newmarket in 1843, when an ob-
jection was made to a horse. I cannot say whether it was
the same that I had seen at York, as I had not seen that one
since he was a foal, but the colour was the same. I expected
that the colt would grow into such a horse as Running Rein.
I saw the horse which goes by that name both on the course
and in the stable. I had bought him for Ur. Goodman.