Star.
London, England, 1823-08-05 00:00:00

SFORTING LvTELLIC:ENCE.

RECORD COURT.—MULLINGAR, JULY 21. •
IkeiVOY V. KELLY.
Mr. DARCY stated the case.—William H. Kagan,
Esq. had, three years ago, given a cup to the County
of Westmeath, to be run for under certain articles, to
become the pfoperty of the winner of it three suc-
cessive years,- or until challenged. Mr. Kelly, the
defendant, had won it twice. It was run for again
last March, when the plaintiff ran two horses, the
defendant two, and Mr. Dennis 'one. Both the de-
fendant's horses came in first, but ran to the left in-
stead of the right of a certain post; that, in con-
sequence, Mr. M'Evoy claimed the cup on the
ground. The stewards, who were made by the
articles final judges of all disputes, exam:ned into
the affair on the spot, and signed an award of
the cup to the plaintiff. Notwithstanding this award,
the defendant kept possession of the cup, and drove
the plaintiff to the necessity of this action. Mr. Darcy
then submitted, that the award being final, entitled
him, without going into the case,
.to a verdict; but
that he was ready to go into evidence, and prove
the whole case.
Mr. FARRELL, for the defendant, objected that the
plaintiff had not such a possessory right as to main-
tain an action of trover ; however, if the Court was
not with him, he had no objection to enter into the
merits; his client had offered to run the race again,
or leave the matter to the Turf Club. The award,
even if good, was not conclusive; he referred to
15th East, to spew that where there was good award, '
which the learned Gentleman contended this was not,
it did not conclude for the defendant.

The CHIRP BArtom said it was the practice to send
all disputes from the country races to the Turf Club.
Mr.-Daacy said, that the Turf Club never exa-
mined evidence as to facts, but if both parties agreed
in a case, an opinion was given. Here the parties
did not agree.
The CHIEF BARON said, the rule of the Club
shewed its good sense, and as they bad now started,
he did not choose to disappoint the parties of a lace.
Mr. Wilton was the first witness examined. He
proved the printed copy of the original articles—that
he was the proper person with whom horses should
be entered.

Question.—Were the horses for the last race entered according
to the articles?—Not one of them.

How so?—There was not one entered three clear days before
the race: the witness added, that Mr. Magan had overruled the
objection arising from this informality.
Csttar BARON.—Vie plaintiff is knocked up.
Mr. DARCY.—My Lord, Mr. Mogan, who gave the cup, and
the parties, consented that the races should be run, tbough no
horses were entered in time. •

Came BARON.—That won't do. The cup, after having been
once given by Mr. blagan, was not his property, and he bad no
controul over it. It was the property of the County. The
owners of horses might make an arrangement about stakes,
which they could divide ; but as they could not divide the cup,
they had no right to make any private agreement.
Mr. DARCY examined Mr. NVilton as to whether or
no he had any document at home which could bring
the exact day on whiar the horses were entered to
his recollection, for be was instructed that Mr.
M'Evoy's horse was entered in time. Mr. Wilton re-
collected no document, but said he might have one.
Mr. Darcy suggested that he should go home and look.
Curs, BARON.—You will be distanced before he
comes back.

Mr. FARR4LL.--it is now evident that the plaintiff
has gone to the tvrong side of die post.
Plaintiff nonsuiteJ.—Cup to he run for again.

BETTING AT TATTERSALL'S, AUGUST 4.
In a former Report we anticipated great alterations in the
odds on the St. Leger at Doncaster, for the nearer the approach
of these great Stakes, the more vigorous the speculating syFtern
is curried on. We are well aware also, that when certain Gen-
tlemen high on the turf, and always well backed, take it in their
heads, they can raise or fall any horse ad libitum, and bring such
into whatever focus they think most advantageous to their inte-
rests; and this is done by bringing a few hundreds unexpectedly
into market. Our anticipations have this day been realised.
There has been an arrival of several Yorkshire speculating cha-
racters of great respectability, who attended the Room, as well
as numerous others of every class, and the changes which in
consequence took place on several favourite horses were not only
considerable, but created a great sensation. linker now stands
higher than he did last week by two points, and the first favourite
by four points; but he was once sent into the back ground, as
Miss Fanny and Sherwood were 3t Newmarket July Meeting,
since which the latter two have crept up again, but now are a
second time doomed to gallop behind, and at a long distance too.
This, we do not hesitate to say, is but for a short time, or at
least until individual purposes are answered. It will also be
seen that Palais Royal and Claude Lorraine are not forgotten by
their backers, and that the other Doncaster St. Leger horses
silnd at high odds against them.

DONCASTER ST. LEGER.
14 to 1 apt Claude Lorraine
16 to I apt bliss Fanny
25 to 1 apt any other

21 to 1 agst Tinker
81 to 1 agst Tancred
8 to 1 agst Sherwood
13 to 1 agst Park. Royal (tak)

84 to 1 apt Reformer
14 to 1 apt Corinne

18 to 1 apt Cressida
18 to 1 apt any ocher

6 to 1 agst Lyrnessa

6i to 1 apt Prudence