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

THIS DAY S NEWS.

Her Majesty and Prince Albert, accompanied by
the Royal Family, arrived at Buckingham Palace
shortly before twelve o'clock this clay, from Claremont.
The royal party occupied three carriages and four.

RUNNING REIN CASE.

SECOND DAY.

EXCHEQUER.-(THIS DAY.)

WOOD V. PEEL.

There was again, this morning, a considerable rush of per-
sons into this Court the moment the (lee% were opened. Still
the crowd was not se great as on the first day—at all events,
in the earlier part of the morning. Doubtless the weather
had somewhat damped the curiosity even of the members of
the sporting community. Colonel Peel, who was not in Court
yesterday, was to-day upon the bench, as were many others
of the elite of the sporting and fashionable world. At ten
o'clock Baron Alderson took his seat upon the bench, and the
names of the jury being called over, the case proceeded. The
following is the evidence offered on behalf of the defendant,
Colonel Peel, the owner of Orlando, the horse placed second
in the race. As the first portion of it was not published in
our Afternoon Edition of yesterday, we think it best to re-
peat it here :
I Lord Stradbroke, examined by Mr. J. S. WORTLEY—Was
one of the stewards of the Jockey Club last }•ear. He re-
membered the race on the 4th of June, when Running Rein
beat Crenoline at the Newmarket meeting. Crenoline was the
property of the Duke of Rutland. The race was for two-
year-olds. The Duke made an objection after the race that
the winner was three years old. The stewards were Mr.
Byng and Mr. Greville. An arrangement win made that the
case should be heard at the Houghton Meeting. An applica-
tion was made to examine the horse's mouth. The stewards
met and heard the case, and Mr. Goodman examined two or

three witnesses to prove Running Rein was on!), two years
old; the Duke of Rutland produced only one—the boy
Kitchen. It was arranged that the boy and a veterinary
surgeon, named Barrow, of Newmarket, and Mr. Wetherby,
the Secretary, should be taken to Goodman's stables. The
horse was in a loose box ; Kitchen looked at the horse, and
said at first he thought it was the horse, and then that he
believed it was. It was then proposed that Mr. Barrow
should examine the horse's mouth—he is a person of high
character—but Goodman objected positively to it, and gave
them to understand he would resist by force. He said
his legal adviser had advised him not to permit the
horse's mouth to be examined. They then returned to the
rooms where the stewards met, and he (Lord Stradbroko) re-
ported the result to the meeting. The stewards were of
opinion that though the. Duke of Rutland,had not proved his
case, the case was one of suspicion. Goodman was told by
him (Lord Stradbroke) on the part of the stewards, that the
horse should never be allowed to run again at Newmarket
unless he permitted the examination of his mouth. The horse
had not since run at Newmarket.
By Baron Au ERSON—In forty-nine cases out of fifty the
mark of the mouth had been stated to be an erroneous test ;
but lately he had understood it to be reduced to a certainty.
George Hayward, examined by Mr. Martin—He was land-
agent to Sir Charles Ibbotson in 1840. Sir Charles had a
mare by Capsicum at that tithe. In 1840, that mare had a
foal by Gladiator, which was sent to Doncaster, to be sold by
Mr. Tattersall, in September, 1841. Had seen the colt sold.
Heard Mr. Goodman bid for him, but did not knowof his own
knowledge that it was he who bought him.
By Baron ALDERSON—The colt was a bright bay, with legs
all black. He was a yearling.
Isaac Grey, examined by Mr. J. S. WORTLEY—Was a
groom. In the spring of 1840 took a brown mare, by Capsi-
cum, to York, to a physician ; and while she was there she
dropped a foal on the 14th April, which, together with the
dam, was taken back to Sir G. Ibbotson's, the owner.
Edward Messenger, examined by Mr. MARTIN—Was in the
service of Sir Charles Ibbotson as stud-groom, from June,
1840, to September, 1843. Recollected the colt which the
Capsicum mare had; he was a bright bay colt, with black
tail and mane ; he had no white on him ; he stood short on
the legs with a lengthy top. He had a wide forehead and
good eyes; but was rather a little thick in the jowl. He had
no white on his forehead. That colt was entered for the
Derby of 1843 by him. Was present when the colt was sold
at Doncaster, and delivered him to Goodman and Henry
Higgins on Thursday, September 16,1841.
Cross-examined by Mr. CocKutTusr—The colt was a fine
colt for its age. It did not stand high.
Re-examined by Mr.' MARTIN--He was a short-legged
colt. Witness had never seen him since, but he had no
doubt he should know him if he saw him again.
George Wharton, groom to Sir Charles Ibbotson, examined
by Mr. J. S. WonmEr—Proved that he took the colt in
question to the Masborough station, on the North Midland
Railway, on the 17th of September, and delivered him to
Mr. Goodman, who went off the London way.
Cross-examined by Mr. COCKBURN— Knew Mr. Goodman
by sight very well. It was the day after one of the Don-
caster races he took the colt to the station.
Charles Weatherby, examined by Mr. MARTIN—Was Se-
cretary to the Jockey Club, and kept, with his clerks, the
books for Epsom and Newmarket nominations. There was
an entry in his books of the entry of Gladiator, in the name
of Watson, for the Derby of 1843. That horse was after-
wards entered as Maccabeus for the Liverpool Cup in 1843 ;
the entries closed on or before the 2d January, 1843. Both
entries were in the handwriting of the witnes's clerk. There
was forfeit of 5/. paid for the Liverpool Cup, which was paid
in Goodman's name by a Mr. Moffam, in the presence of
Goodman. It formed a portion of 45/. over-due stakes paid
on Goodman's account, to permit his horse Dr. Phillimore to
run, in accordance with the rules of the club.
Joseph Farrell, examined by Mr. MARTIN—Was clerk to
the stewards of the Epsom races. Goodman entered his bay
colt Maccabeus for a sweepstake of Si. with fifty sovereigns
added, in April, 1843. The colt ran in that race, carrying
7st. as a three-year-old.
Cross-examined by Mr. C,ocKnontr—Captain Flathooker
was a bay horse. -
Mr. Weatherby, re-examined by Mr. MARTlN—Running
Rein was first entered for a sweepstakes of 50 sovereigns to
run at Newmarket First Spring Meeting, 1844. The next
entry was for the Derby ; it was made at Newmarket on or
before the last day of the July Meeting, 1842. The third
entry was for the Second October Meeting at Newmarket,
1843, for the 2,000 guineas Clearwell Stakes, to be run for in
the spring of 1844. He was also entered for a5O guineas
stake at the Abingdon Mile, in October, 1843. The horse
did not run at the Houghton Meeting. The meeting took
place on the Thursday after the decision of the stewards
alluded to by Lord Stradbroke.
The evidence for the defence thus far, was given last
evening. Whilst the first witness Was being sworn this
morning,
Mr. COCKBURN, addressing the Court, said—My Lord,
after what passed yesterday with respect to the production of
the horse, 1 feel bound to place myself at once in the hands of
your Lordship.
Baron ALDERSON--I am quite sure, Mr. Cockburn, it must
be your wish to produce the horse.
Mr. COCKBURN—Certainly, my Lord ; and, if I could do
so, it should be done in a moment. I have felt it was the
bounden duty of the plaintiff, after the view which your
Lordship took of the case, to have produced the horse. In
that view, permit me to say, my Lord, that my client, Mr.
Wood, completely concurs. Most completely does he partici-
pate in my feelings.
Baron ALDERSON—No doubt he does, if he's an honest man.
Mr. COCKBURN—I will only state this, and I feel it my
duty to Mr. Wood to do so. The horse has been taken away
—(Great sensation in the Court)--taken away, my Lord. I
have Mr. Wood's most solemn assurance that the horse has
been taken away without his sanction, approbation, or know-
ledge. He never gave his approbation of this step—he never
knew anything whatever about it until after it was done.
Baron AL.nzusoN—Gone away, and without his know-
ledge ?
Mr. CocKnum—The horse was taken away, and it was
followed to a place where we were informed it had been
taken ; but since it was brought hack it has again been
removed.
Baron ALDERsO:4--And pray,- why did you not send for
the police ?—(A laugh in the body of the Court.) Why, who-
ever has taken the horse away is guilty of horse stealing.
horse away, let me tell you I would transport them for life
to a dead certainty.
Mr. Comstrull—The question at present is a very painful
Yes—and if I had the trying of the persons who took the
one. I suppose Mr. Wood, under the circumstances and the
disadvantage of his position—„
Baron ALDERSON—Why, if Goodman is against Wood, and
if he has been a party to what has been going on about the
taking away of this horse, then, no doubt, there is a case of
horse stealing for the Central Criminal Court, and to that
Court you ought to go.
Mr. Cocxnums—l hardly know what course to pursue
under the present very..—
Baron ALDERsos—Of course you don't, Mr. Cockburn.
You are desired to produce the horse—you can't produce the
horse.
Mr. Com:sum—Certainly, I feel, my Lord, as if it were
vain to struggle against the view taken-by the Court. I can
only say on the part of Mr. Wood, that he perfectly agrees
in the propriety of the course laid down by the Court, and I
have his solemn assurance that he would produce the horse
if he could. The horse however has been twice removed, and
he is not in a situation therefore to produce it,
Damn ManiusoN—Well, and what is to be the result of all

this,
Mrr. COCKrititor—it is my own conviction and the convic-
tion of my Learned Brothers that without Mr. Wood's con-
sent the hOrse has been taken away, and that in such a state
td things we call hardly hope to struggle against the impres-
sion upon the Court, which such an act must necessarily
produce.
Baron Atalunsci—Well; it's not for me to say
what you
itre td do, There was an ancient case, Mr. Cockburn, in
WhiCli a Door boy found a diamond supposed to be of great
taltfe, tarried that diamond to a jeweller, who kept it.
An indictment Was fbitnd against that jeweller for detention
of the diamond; it came to a trial—and the jury in their ver-
dict found that the diamond was of the first water because,
Mr. Cockburn, the jeweller declined to produce it to the
Court,
Mr. Cotkntirtiv—l see the effect of what you state, niy
Lord, and I saw the effect that must follow when the pro-
duction of the horse was required, unless the order were corn-
plied with.
Baron ALDERF3OX—
truth is out already up to a cer-
tain point. But the pinch of the case is this—what horse
was delivered to Haines. The question is, did Cobb's colt
go from Bean's to Haines's, and become Running Rein.
Mr. COCKBURN—I am in the hands of the Court, my
Lord.

Baron ALDERSON—Oh, do just what you please. You say
it is impossible to produce the horse.
The Souciron-GENERAL—We are quite prepared to go
on, my Lord, with the case, and to show who and what the
t only
horse really was that won the Derby.
Baron AmEttsos—l saw from the beginning that was the
apsoiittt
if
you sh it proceed(ad
(addressing
gbieifionrle
theh juryole,
eclf to Mr, cOCktrn) ;
p point—the
evidenceth
and I am ready to go on and hear
more, just as you ilk
w
Mr, Cockpitrn, " ioch ofideketli, after it moment's hesi-
tation, sat clown, and tbk "let ittditt Galled into the box
George Worley, examined by Mr. Wonmt;l7-1 farm my
chin property at Siwell, near Northampton. In 1841 I was
Dopester tikt: (ittiedtuart was pointed out to me. I
mete. saw Higgins mete.
,J dies peat Northampton. At Don-
caster something was said by Higgins about sending a colt
to me. I came home on the Tuesday in the Doncaster week.
That was the 14th of September, 1843. A few days after-
wards I received a colt from Mr. Higgins. I received a pe-
digree with him. It was a bay foal ;no star in hie forehead ;
no white at all,
except a small grey hair or so ; this was
between his eyes. A servant of mine, named Pinney, went
with me to Northampton to fetch him. I was at Epsom the
last Derby. I saw the horse called Running Rein. Before
the horse started I got off my own horse and examined him.
I have not the least shadow of a doubt that the horse
called Running Rein was the same horse I had under my
care. I said so at the time. I saw Mr. Goodman at Epsom.
During the time the horie was at my place, at Siwell, he was
kept in a paddock. lie was a very cheerful horse. Jurnpini
over a wall or hedge he hurt himself between the knee an,
the arm, on the near fore-leg. He had a scar, A veterinary