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

HITCHIN

,ESSIC)NS.

THE TROTTING MATCH AGAINST THE BEDFORD
COACII.—The late case of alleged cruelty in driving a
pony from Bedfo-d 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. 1). Radcliffe, Esq., &c.
Mr. May, the Secretary to the National Animals'
Friends Society, and Mr. Thomas, the Secretary to the
Royal Society fur the Prevention of Cruelty to Animals,
attended in support cf 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 Hitchin.
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, th 9 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 was 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 (lid 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-examined—l 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—He 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 by 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 hit the pony in the shafts, but he
I 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 he 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-collector, but he was not present.
Mr. Wooteraa 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 nicely that he should wilfully cause its destruction.
After some further observations Mr. Wooller called the
following witnesses on behalf of the defendant.
Air. H. 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, 301. to 101., and 21/. to 71.
The effect of the wager was that he should stand to win
811, 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 Lomb n
on the next day. The condition of the match was tlihate
he was not to use either stick or whip to the pony, ohr e
would lose his wager; and he said at the time thatdt os
who backed him must not be angry, for he shoul pull
up if he found his pony the least distressed.
ow W
hitnese
s
did not consider the match beyond the pers of t
pony to perform. He saw the pony in London, and
it
appeared so fresh that, but for his knowledge of the
i
fact, he should not have thought it had come
ferther 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 than this pony had before
performed some extraordinary feats.
The BENCU thought this had nothing to do with the
case.
Cross-examined—Had known the defendant four years.
Mr. Tnomas—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.. Alr. Spring accompanied him the whole
of the distance. Did not know that the pony was taken
out at Welwyn because it was ill. He had no conversa-
tion with him about the match—in point of fact, he was
opposed 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 Tony, 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—Had never heard 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 She&rd, 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 limpet him falter in the
last two or three hundred yards, and he at the same time
said, " You know you have heard me say that the
moment I found the pony was beat, I w ould 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 from 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 Shefford every attention was paid to the animal.
The CHAIRMAN—But, 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-brad of the
pony, but he had opportunities of seeing the pony when
they changed. They had no leader between Welwyn
and Shefford. If the leader had dragged the pony along
he must have fallen down. He did not see much of the
condition of the pony after he left Welwyn. Witness
gave the pony some old ale rear Shefford. It was cer-
tainly distressed when it arrived there.
The BENCH 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 yony, and he wished he bed its fellow. On the
18th of December the roast was very bad. It was a most
unfavourable day in every respect.
By tile CHAlR:wale—When the penS, was in London,
gruel, with sherry in it, was given to him. It heed no-
thing but gruel at Welwyn.
Mr. Joseph Thoraas Powell deposed that he was a
veterinary surgeon, and remembered being called in to
see the pony, but unfortunately not before it was too