The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-08-23 00:00:00

tilt led.
Not Cotopa
lolof 1836., 113', as well as to various houses. In the
t/r heththel„ had,btheee..tesas Were decidedly bad—much inferior
ur the-7,,ghteut,ii in preceding years.
°Pesi, East "e was for two years • inspector of teas
18, h„lndia Co
InPanY• After the trade was thrown
brs`le 404 six 7 received another a_ppointment. He had been
140,),(irs and a half. His late father was a tea-
te of his"' and had been with his father ten years.
"'eight I_,!eting teas was by taking from the " mus-
-41 hued from a silver 6d. and putting it in water. He
oual•e taken seven to ten millions' worth of tea, and
oehundred n during
eed the time he had been inspector,
,)'at ,l alit,thousand cups of tea. The season corn-
'.°eginning of September and terminated
•to urin
'tre,iB collie do_ g that period the tea and tea-men con-
Nflpatily atm "1.1 from the interior to Canton. Contracts
1-I;,°' the s: in the April and May preceding the be-
nereheas°ll in September. To secure purchases,
uase ino_nto. were obliged to send up a portion of
I:ittryiadti e keerutly into the interior. beforehand. Contracts.
izesf! to the desire of the parties, without
:ebe„Rke,. That was settled in Canton, at the
•rtl:l` The earlier that the contracts were made,
''Cizikits and the great competition between the Hong
f. !1.
ti 11tiVe Ens great
merchants. The agency houseS
ie9 es .r:. at difficulties to contend with. There are
The , but they bore no proportion to the
nng merchants (of whom there were only
Plaintiffs.
CO ,-...:11,,401Y. He knew the firm of Messrs.
().,toiquitiffe canton, and saw the orders sent to them
441)01481)kt .a `-`e was employed by Messrs. Daniel and
sh.., roll& It
value the teas purchased by them for the
'41.7011, ireal.t Was the custom of merchants to employ
The een,cewere rather inferior in 1836-7 to preceding
la,,ltosi'stia shipped were as good as could have been
4; tie should asans. They was not one chop of low
'lskiPPed was say say that the quality of the whole of the
at the ',goon. He remembered having made a
- ';good.
"i'y had t that the cargo was exceedingly well
be been shri. as the agents would have chosen if
st'' in thPinng for themselves. Using the term
ty ti,4Ve been e sense usually understood, the plaintiffs
,",N7 ,ltbsatisfied with the teas shipped.
,pe,_ion in .----Did the congous shipped answer this
ttifire flavour, order " black, wiry, strong, and
'41,1 betel leaves",;, and free from any admixture of brown
EOe sone th I have not " small" dOwn ; but they
e Worse for being a. little large. They were
tre,!_lavolit, „rather strong," I have it—and they had a
tzt free fr...°llgh not perhaps a full pekoe flavour. They
eikt to°rP any. admixture of brown leaves, but there
4q airy lear_ldniure them. *You 'could hot meet with
teas without, some admixture of brown
:at --qtlat.
:bt ton
eNea liter ;Tntinued.—The order for congous could not
Per,
hest enallY fulfilled, neither could the amount ordered
44k;tteti as far
have been obtained in the market. It
Sot ItiS the h sr as it was possible to execute it. With
wter, cha,..,)s°o, the order had not been executed, corn-
hae,
,aFters with those of the order. It was not
ktClaidt.nght, wiry, blackish leaf." To correspond
slid liotT°4l(l have 'been of a higher-character. Such
;')eas_ot whlTtetbheen Purchased at the price mentioned,
ssw, ey thought would snit.
tie N. M. replied, and submitted a minute calcu-
li 't4in rectness of which was admitted, estimating the
1141 b tl
e plaintiffs at X,6676.
agreed
having summed up, the jury retired to
ligreeh 'von erdict. In twenty minutes they returned,
a verdict for the plaintiffs—damages,

Vtri,
The let for 41_ btirr.--nAwroN v. UPTON.
ealtrt
rose at a few minutes past six o'clock.

... _ --------,-
blelaL-Cl4-13WN COURT.-THURSDAY. , -'' took his seat at Nine o'clock.
wiatel
__
RAPE.
Hof
for 4 ivatte, 62, a bald-headed, toothless man, was. in.
11°113 rape
page
the body of Mary Ann Smith, a little
it . zritati rs of
f. age, at Heaton Norris.
itt IPPear ' Prosecuted ; the prisoner was without counsel.
*eat 'tit fro it. to lire ra the statement of the prosecutrix, that
ttettodiet e with prisoner on the Friday
!'. ~l 111"; to belt' as servant; tbatthe prisoner insisted upon
evereing stated
',,rltoslch hee° with him, where he perpetrated tli cripe
410 left I.:was charcred On the followmg morning h
rieirialicl breu..l's, eellar,bfirsi making it secure,leaving some
t.retNtach bread and butter, for the prosecutrix. The prin-
'lloe,t2 a eltn°rning left hi 11 under similar cup' -
4'a ti- the •s ce kept i custody until the
hzolr 4 NtiaadayP.ro!e_ceut x
The eividwenasceet thne surgeon went to
hZ,kl44 ,I,lie eaPital offence had been perpetrated. The
kel'ed, ~,the case are of too disgusting a nature to be
retarii the .case .
raper ed with rY retired from court for about an hour,
f';er to ate,. a verdict of guilty-but recommended the
,lecil'le lisi`eY on account of his age. Sentence deferred.
''ote arged I.'er 23, a Young man of respectable exterior,
beta aiic with h.
M Having feloniously, unlawfully, and carnally
1' -aqua Lunt, on the 28th of April, at West
Cllr rilit
,6aerkl '8 Prosecuted, and Mr. MURPHY defended
,i,i-lirosee'
:"I:::'lstrbt:on
.11k I, It a i:inaa female of weak intellect, about 22
La '9iie • PPeared that the prisoner met her the
6., Nts -paay hial t place. called Dirtwyh-learneeh,
eanedommomd
tk,t. Dersaii rosecutrix cried ‘etki ee. 13_ o a private place,
out for assistance, Illtactneeddd
,ll'e, 1 The : earne up at the time, who were called in evit-
Naste.r eCenseccutrix several times went into fits whits
`ktty _ et, in e. The jury being of opinion• that the
sex,
the first instance, had been a consenting
J the Prisoner.
f°h4.l
'N'i Phell°Bl 20 4ALICIOUS STABBING.
41' 'I, Witt ! Was indicted for feloniously cutting Barnard
fi',4l,. Vs.!i n intent to do him grievous bodily harm..
It:l• ol.ss prosecuted ; the prisoner was without
,Ithilitll,,ea,sred that
( 1141' ritirst. on the 18th of July, the prosecutor was
ttrts . e pri, street ; there was a disturbance. ther.e.,
an
4)1) ti?atajltier was engaged ; prosecutor interfered ,
t;Tlied la th K Place between them, and the prosecutor was
r bei e scum,.
tikrierlitthl3ectue doubt with respect to the intent of
trlta,i "e Jury acquitted him.
t'ltlteled4 4114
BIGAMY.
,VJitia, 480 a, (out on bail) was indicted for. having
, s turns, her former husband being alive at the
N. tit,
Illieer• nl' Prosecuted ; Mr. MURPHY defended the
4lt It tala of
kl)p 411,- . this ea
t 11.544 -‘ll4, eni, se are simply these :-The prisoner's
1 ~114,tai, 4 wed 10 years and 9 months ago, and went
'tr, oft% Years she heard nothing at all of him, but at
el I a,.. at titne
tip k lop duieb, , , heard from -a man who had
there
etts, 'Ater. Some Land that her husband was serving _ .
returned
It 44; "'eine 18 Months after this, hearing nothing
1 Brea 1,
ey .iitaterdislursband, and being left in:ith two children in
Al, • aras ess, she married again with a person named
i,""l tab, •,. After being 'married for 6 years, the first
lll4l.ti'e "rne, and instituted the present prosecution.
te,t:itiry found Merely went for a light punishment. _
4 te). Quorl the prisoner guilty, but recommended her
41,1' Lob
,ed CHIP
If be '? said he thought the ends of justice wouldent. be
~iBt passed a sentence of 113 days' imprisonment.
r„.'llt4 °Ph& r EMBEZZLEMENT.
\l,'/0,,,, t.lle ,;ern.!B Todd, 27, was indicted for having ern-
iltzti,liollailetoehetehi,htiliare,di £3OO, and
sums of £l5O, £3o,e,tlu4n,t
arnerirveed
tfor,danodffioenera , of Edward
of certain parties
tetors- r,h,usiness under theel. name of the Company of
,;11i; Priso,7 the 13ank of Liverpool, to whom he was clerk.
L.4rit)e°„"ps-entadlleon a former occasion pleaded not guilty.
lile° 'as "tr. MURPHY, said, that after maturely. con-
Ili a' iludesei he had advised the prisoner to withdraw
,totiis Loll Plead °nut
_atiattloOtaslim,lP said, r.
111 .of ••••e ale Ihe
• " with respect to the
;oh- .It 4 Punish east difference
hoped it was understood that this
t, ,er. I t b,, nient.
're 'ad r s'l- said he was aware of this ; but as the pri-
-4N,lth'lvltli wettei7es_ in the bank, it would. but rake up mat-
e'he- o tile painful to think upon, without being of any
1, A Drisoh I)nsonr
gi arab -er the •
1/44chs, er of n Pleaded guilty.
known to
hil" otketer. ,tespectable witnesses were called te.)
4-, aaa stu of time, and that they
`ll, th ' leit.„l he whole of them deposed to havings._
,4, eO, olirable
tOth t `lBoter ~ honest, young an.
had always considered
'let 4)1114 t when placed at the bar, appeared to be in
Ile waq had and kept his face covered' with his handker-
, Ile o,d_ula head upon the dock.
gielciu e the
',.1e,(1 to stand down
a,'tlletyt:l4ll3aVti guilt of the court,. William Watts, the old
, a rape was placed to the bar. .
tit,ll,ect,,.
:_rtiatt
apasilaeld:leat the' jury had recommended him to
'ev ' esc en a ground he did not agree in. He must not.
'serer,
ue shoo , Punishment fo.r the capital offence ,
rihai.eteants.invell, a
4)1,, rd 4 1,,(1 take time to consider of his case. .
, 4 lahe' was sentercegd to two years' imprisonment,
Yong man who had pleaded guilty
lir.
ttitto,.
,ilt 1,,1t0a,
P;)44l,..`l"iseetrt" FOR REPORTERS.-We havebeen. saosmsi:e-
N, ttertzve ,10, hat the parties having authoriYlnti2
A,at ati,`, e:ercised that authority on behalf of the assize
re-
;ril-`'` satiation ,t,r te, have not provided them with that ac-
r,kze:lect , 'eY have been wont to receive. They have
. fleet Lo th
A),,,rith r\A ant e greatest inconvenience throughout_ the
tip 61,,,;„0f accommodation, whilst parties, 'tlei et: ZR on hand than to gratify idle curiosity,
sharvoe.
who have,
Peciaii„ ,!.!lf importance, monopolised the seat P
' tor the gentlemen of the press.
1,4
ills, _
• t cln PLIUS COURT.-YESTERDAY.
(~ -'4't AT BLOOMSBURY CASE.
thellk.ketr, BID SHALE is ~ -re vh, , SHALE V. CRAVEN. . 1 kr,;,=‘e, .iv,,' 35 aron MAULE and a Special Jury.)
I,;tlitittftst anilleh has long been looked forward to with
e
0 'rigda Ilety by the sporting world throughout h Ntrest,oar „:I'l, i and scarcely less so by thosevast num
fore ci,,,14 triatterl.
.and other towns who take an "amateur"
Gelder
,:,,.trkireo_h_ relating to the turf, came off yesterday.
tfA, hay, 711:, was one of an unusual character. All
PaZred fei with,,„`"at had arisen out of transactions in the
11171 rs° the A`'",.,' any exception that we are aware of, bee
tbia.tits,; i'llorti-„°eKeY Club, or to some other tribunal corn-
( 'tie - •-• g •-•g gentlemen• It appears, however, that in
til,ioleaill Lord Lichfield, a p'art intereste, saw some diffi-
k%iteil:‘ his ioe,:aY of an adjustment by the usual course,
, 're si(l [48.14 was in error on one point in coming to
"Nue
wolekii it was resolved to submit the matter to the k,ttieh as laid °illsideration of a special uof assize. The
\tell Wastbet this COIIIIty.
j ry
0 08 by theerest excited, by the novelty of the case,
aillet',, 4 large amount which it involved,. in stakes
Pot) be '''t the
one Ive olved , Problem in the laws of sporting which
?t,i °litai_re be)?
,the result, . that the doors of the craouardte-
q.lietlieal,ardvai%e_cl_ at an. early hour, andrsa rush was
from Londen,
tti?lt'lreth4 ;,ayorni;
epdisacezßeporte
Newcastle, and other towns,
pj9trit)°"•ersY t° the few 'seats appropriated fr the US 2 of
i(irt4f.hed; rid (the accommodation hem' goexceedingly
thltle. tx.he elt4 t° the almostexclusion, for a great
tpr .nati 'oi the - entire
also rt'teed•Y of th ebelonging to the newspapers' of the
4N.t'lifi lags e gentlemen of the bar, not engaged in
to 44 to ' 'were, owing to the smallness of the court,
ry t arid stand , g
wit-
'ttoll,ls,°thers intermu the crushing of attorneys,
___
~,,,,,t.b,r_ demo_ested, as well as of the general audi
hallg kenastrated the crying necessi
newt immediate tri-ir, e Use. for the erection of a and adequate
1-4,,tile lare.aswell As
14,2tial', -latifist' ~..----r. Knowles, and Mr. Martin, appeared
•I'll,,at Q.' aed 4 'lr. Sergeant Wilde, Mr. Alexander, Mr.
Viliell, tleniehr• Worthing, for the defendant. The fol-
k); G, geieteher't,e°ruPosed the Special Jury i-
\ViliSea e\',l,, tsn' ''Sq' . James Fairfield, Esq.
\‘'iti,N4 0 i)oa : Wm. Mothersill, Esq.
Jktatara ?thlyeii, s.
Wm. Alex. Brown, Esq.
A„, )3a44„tes, ta,„ Esq' Samuel Lees, Esq.
k -it. k Land, 4.
Isaac Hudson, Esq.
11;14e., itic°,lvt.tsatll' Esq. Simpson Smith, Esq.
iltt''-r°PeZtiieh th°Yelled the pleadings, stating that this was kreil CiN of the' qu.estion to be tried was, whether a colt,
tq„,r. (.: a tithe Plaintiff w 1 discribed on being
„•,1111,, 114 oe at A.,_ . proper y
"(' th-tleed P,wte,t, Statedsaying, the particulars of the case. H. e
iqt ' sal,. Rhoold, that had he been told twelve months
Nvaa,iirJeet, he
sflave been called upon to address a jury on
ItV i4d that shove been
have been truly incredulous ; but he
1))e t teligeat, since it had been so decided, the
NI( ease e (mew gentlemen he saw before him would
,4kl, :s lad
41%4 l°ll at issue impartially and justly.
Nillistere'tt
,ye`al. cut of a race for the Ascot Derby
ii"ktii7,e he, ills h4suct,which his client, Mr. Ridsdale,
4 u; aril: was 404.-°lornsbury. There was no dispute
le ,l,rato, lu first ',fairly weighted, or fairly ridden, and
spit .C'erl ' 'the question was merely as to whether
Y .1,,Y described. lie was stated in the entry to
‘44to
' Qin of Seroggines dam, The entry

was made, in behalf of the owner, by Mr. Weatherby, and
the stakes were placed in the hands of that gentleman. After
thel race, Lord Lichfield, who was interested, claimed the
stakes, as did Mr. Ridsdale, who required that they should
not be given up. (The learned Counsel here read the letter
of Lord Lichfield to Mr. Weatherby.) The question at issue
did not involve any :nice distinction relating to racing that
required much judgment in sporting, but the decision upon
evidence of a simple fact. Lord Lichfield had protested against
the matter being described by the Jockey Club, being
under the erroneous impression that he could not com-
pel the attendance of witnesses on the inquiry ; which,
however, under a recent act of parliament, regulating
arbitrations, he could have done; and Mr. Weatherby
beset by two quarters, was compelled to apply to the
court for relief. The result was, that the money was ordered
to be paid into court, to be given to the successful party, on
the tnal of the issue-" Whether the horse called Blooms-
bury was properly described ;" and it was required in the
order that no question should be made as to the nomination
of the horse, and the evidence of R. Ridsdale, the brother of
the plaintiff, inight be made available, if required, for Lord
Lichfield, the learned judge giving his lordship this advantage.
The question they had to try, under the order, was, whether
the horse was properly described as a colt by Mulatto, out of
Scroggins's dam. Scroggins was a celebrated horse, as was
Sir Giles, both out of the same mare,-the latter winning
the Derby in 1832. Mr. Ridsdale, who was a breeder of race
horses, and had a celebrated stallion named " Tramp." In
the summer of 1834, this horse, 26 years of age, being debi-
litated, was given away by his cient, who procured another'
stallion in his place, named Mulatto. The dam of Scroggins
and Bloomsbury, " Arcot Lass," was at Mr. Ridsdale's,
and the plea of the defendant was, that Mulatto was not the
sire of Bloomsbury, but Tramp ; or at least, that the
mare had been covered by Tramp, as well as Mulatto,
and that the entry was, therefore wrong. The learned
counsel then went on to state the facts of the case,
which, he should prove in evidence, showing that there
was no foundation for the assumption that Tramp had ever
covered the mare in question ; that he had been sent away in
January, 1835 ; did not cover that season at Mr. Rids-
dale's, and that Bloomsbury was the veritable progeny of
Mulatto, as described. He also detailed the collateral cir-
cumstances, which appear in the subsequent evidence, and
concluded by stating, that he felt assured that he could prove
the facts stated, by respectable witnesses, and would, there-
fore, be entitled to the verdict of the jury in behalf of his
client.
Thomas Taylor,-I live at Park, as stud groom
to Lord Chesterfield. I was with Mr. Ridsdale, as groom
at Martinmas York Races. I went in 1826 and remained
till 1836. He had a large stud. It was the practice to have
a stallion for the use of his own and other mares. Mr.
Ridsdale had a stallion called " Tramp." I must say he
was there in 1835. In 1834 I saw him. He was 24 then.
He failed in serving the mares, in 1834, the last day of May.
Figaro was put to him, cannot tell if any produce. I know
Don John's dam. Tramp would not cover her ; she was put
to another stallion. Two other mares (not named) were co-
vered by Tramp, and had to be again covered by other stal-
lions. Tramp failed in May, 18341 Mr. Ridsdale got ano-
ther stallion next year-Mulatto. He came last week in
December, 1834. After 1834 Tramp covered no mares at
Merton. .1 knew Arcot Lass. She used to be sent to be
covered at Merton. She was not charged for, in consequence
of arrangemente between the owner and Ridsdale. She came
in 1834, and was covered by Tramp and then Velocipede.
She had no foal. Mr. Cattle intended to send her to Li-
verpool after that. I conversed with Win, and he sent her
to Merton to be covered by Mulatto. She had foaled on
31st Dec. 1834. This was unlucky in time. We talked of
this. I left Merton on the 24th of February. I think Arcot
Lass had not then come. This book was kept by me up to
24th February. I had it when in the service of Nowell. I
cut out the leaves while with him, and burnt them. In Ist
age a list of barren mares, written by my son. When I left
I left the book with Colthurst. I told him to put down
when the mares were covered, and when they foaled. I got
the book again in 1836, after Ridsdale's failure. I had
staid at Newmarket from 1835 till then. The book has since
been in my possession. It is in the same state now as when
given up to me in 1836, except the initials of the Epsom
stewards. Arcot Lass came to Lord Chesterfield's. I do
not know who entered Bloomsbury for the Ascot races.
Bloomsbury was a colt got by Mulatto, out of Scroggins's
dam.
Cross-examined by Mr. Sergeant WILD-Bloomsbury was
nominated so ; but I did not see her covered by Mulatto. I
received that book in 1836. I parted with it after the Epsom
Races in London, after 15th May. I had mislaid it. I
found it in October, 1838. I found in a cupboard bottom,
amongst some children's books. There is no entry of Arcot
Lass being covered on 2nd February, but one on the 28th
February. Tramp was there in 1834. I cannot tell you
when he was last there. I cannot say if he was there in 1835.
I had been longer in the service of Mr. Ridsdale than the
other grooms. It was not my duty particularly to attend to
him, but I was always present when he covered mares. 1 am not
aware it was iu 1834 Columbia was covered. He covered Don
John's dam in 1834. She produced Don John. He covered Flo-
renten and two others, who produced. He covered Miss Arm-
strong-a filly. He covered Sevilla and another. I don't think
Sevilla produced. Redotto was Mr. Robert Ridsdale's mare.
It appears by the book that Sevilla foaled 13th February.
We had no other stallion but Tramp in 1834. Charity be-
longed to Mr. Ridsdale. The brood mares were all covered
in 1834. Charity produced a foal 31st December. Neva was
put to Tramp and St. Nicholas, and produced "a colt. Miss
Letty's dam was covered and another. Wharker was covered
by Tramp ; but I don't know the produce. The mares he
covered in 1834, and that missed, I can't think of them. I
can give no information on it. I cannot bring it to mind.
Flora missed to Tramp. She was not covered by any other
stallion that I know of. Lunacy missed to Tramp. She was
a mare of Mr. Ridsdale's. 1 can't swear it was not to Wa-
verley she missed. I can't speak to what mares missed.
That book contains a list of Mr. Ridsdale's mares to be co-
vered in 1835. During the season it is usual to keep a stal-
lion book. I never saw a stallion-book of Mr. Ridsdale's.
He never kept a book that I know of. There was a book for
his own mares from season to season. There was a book to
enter the stallions. In it mares covered not belonging to
Mr. Ridsdale. The book contained the names of mares
covered by Tramp in 1834. It was destroyed the latter end
of 1834, or beginning of 1836. I cut them out and burnt.
them. I was then at Merton. It was in August. I had
not kept that book above a year or two, but I can't tell the
number of years.. The stallion-book related to other people's
mares. I had more than one stallion-book. When one was
filled I took another. I can't say how many I had. It was
a small book. I put the book in the fire at once, and a great
many more. It was after Mr. Ridsdale's stud was sold, and
all was done away with. Payments were made when other
people's mares were covered. The book contained an ac-
count of the mares covered, the Keep, and corn, and the
money received, for covering. About the middle or latter
end of June is the usual time for covering, and Mr. Ridsdale
generally,took that time. Arcot Lass foaled about the 12th
April, in 1834, or thereabouts. The colt came after Arcot
Lass two months or so. lam sure they did not come to-
gether. The colt came in January, 1837, and remained till
November following. While I was at Newmarket, I went
only once to Merton, and remained about two hours. I can't
say if all the barren mares were covered before I left Merton,
on the 23d February. There were some covered. There
were five or six covered in 1835 before I went, by. Mulatto.
The book is headed-" Mares covered by Mulatto." The
nine first entries are of barren mares, covered by Mulatto.
" Harmonic, by Lottery, out of Redotto," means the pedi-
gree of the mare. In these nine first entries of the
mares they were covered by other stallions than Mulatto.
There is an entry of Arcot Lass, covered by Mulatto
in that list. None of the writing in the book is mine,
nor is at all my son's. Some of it is Colthurst's, but
I can't speak to his handwriting. The book was kept in the
saddle room. The entries of mares covered were made there
on the following day. I do not know which when writing
the page that begins 1836. There were James Colthurst and
- Gott. They were gfooms. The others were helpers ;
John Scaife and Wm. Mills. There was another called
William, but I don't remember his other name. I left them
there when I went to Newmarket. My son was in the racing
stable and ridin„,g in exercise. He was servant to Mr. Rids-
dale. I or Colthurst gave the information to make the
entries.
Re-examined by Mr. CILESSWELL.-My son left when I
did. The beginning of the book contains a list of barren
mares. I can't say what horse covered in 1834, the mares
marked barren in 1835. Tramp covered Mr. Ridsdale's
mares. Perhaps four mares were sent to another stallion in
1834, after being covered by Tramp. Tramp became unable
to cover mares in the beginning of May. Two mares missed
to him were put to other stallions.
Cross-examined.-It is not usual to put mares to two
stallions.
James Colthurst sworn.-I was formerly employed by Mr.
Ridsdale. I went in 1832, and remained till he failed. I
knew Tramp. He broke down in May 1834, and Mr. R.'s
mares 'were in consequence put to other stallions. Mr. R.
procured Mulatto in 1835. He came to Merton in January.
I can't swear to the time Tramp went away. Tramp covered
no mare of Mr. Ridsdale's in 1835. Taylor went to New-
market on the 24th of February. Arcot Lass came and was
put to Mulatto. When Taylor went he gave in this book.
11Iarchesa was covered by Mulatto. Taylor gave me direc-
tions how to. enter. He told me Arcot Lass was to be put to
Mulatto. She was covered On the 38th of February and 2d
of March. I held her, and Gott brought the stallion. Arcot
Lass was not covered by any other horse than Mulatto.
Arcot Lass returned to Mr. Cattles in May. She came
back to Mr. Ridsdale's and foaled " Bloomsbury" on the 3d
of February, 1836. Taylor returned in 1836, and I gave him
this book. Tramp was kept in a box in a yard. He was
kept in a barn till he went away. He was not kept in any
other place in 1835. He was a savage horse.
Cross-examined by Sergeant WILDE.-I gave Taylor the
book back on the 4th of August, 1836. I have not seen him
from that time till Wednesday. Tramp was kept in a barn
at the back of Mr. Taylor's house. Tramp was kept there
in 1833. After he left, we used to put some young foals
there after weaning them. .Tramp was afterwards kept in a
box, opening into.a yard.
Joseph Gott.-I am in the service of Mr. George Swan,
banker, York. I was in Mr. Ridsdale's service in 1834. I
remained till the establishment was broken up in August,
1836. Arcot Lass came there to be covered in 1834. She
was covered by Tramp. I attended the stallion. She was
tried with Tramp more than once, and was sent to Velocipede,
because Tramp would not serve her. She was barren. She
came back in February, 1836. I remember Ridsdale's horse
going to Newmarket in February. In 1835 Mr. Ridsdale
had Mulatto from 'Earl Fitzwilliam. lam sure that Tramp
did.not cover a single mare in 1835. I think he went away
in January. A man came and took him. I remember Arcot
Lass being covered that Spring. I don't know how long she
was there before. She was covered by ,Mulatto. I know the
book kept by Colthurst. Arcot Lass was covered twice.
About ten days between each time. She was covered by no
other stallion but Mulatto. She foaled in February, 1836.
I kept this book, and Mr. Thompson wrote in it. He wrote
this only by my directions. I can write a little but not so
well as Thompson.
Cross-examined by Mr. Sergeant WILDE.-Thompson was
not employed by Mr. Ridsdale. I said that to the best of
my belief Arcot Lass came in February ; but I am not sure.
I never said nor believed that she came in January. There
was an affidavit, but I never did believe she came in January.
I have always believed that she came in February. Arcot
Lass having missed to Tramp was put to Velocipede in 1834.
She missed to Velocipede also. I cannot tell where Tramp
covered but in 1834. Arcot Lass left our place in May. I
don't recollect when she foaled. It was late in May when
she was sent to Velocipede ; but I have nothing to lead me
to say.
Mr. Sergeant WILDE here called for the declaration of
witness, dated Bth May, 1839.
Witness.-1 signed this. Mr. Richardson drew it out.
The Learned Counsel here read a passage from the affidavit,
to the effect that the mare came in January.
Witness.-That is a mistake. I heard this read by Mr.
Richardson. I did not read it myself. It is a mistake in
putting down January. I made a declaration that the con-
tents of that paper were true ; but that " January" is not
true. I don't know whether Mr. Richardson read this cor-
rectly or not. It was read. I have stated this to the best of
my belief. Tramp left Merton farm in January, 1835.
The declaration of the witness was here read.
Cross-examination resumed.-This is the memorandum
which is said in the declaration to be made by me. It is
written by Thompson, by
.my direction. In that paper it is
said that' ramp left early in January, to the best of my be-
lief. I will not pledge my oath that he went away either in
January or February. I cannot swear that he went away.
before the end of February. I will not swear that he did not
go away before March. A young man fetched him away.
I and Colthurst delivered him, frour a loose box aside of the
saddle-room. There are no circumstances that enable me to
say whether he left before March.
Reexamined.--I did not notice the word January in the
affidavit. It was done in a burry, I know a Mr, Harwood,

He came to look at Mr. Ridsdale's stock.
John Thompson.—l am a cattle dealer, at Merton, and
lived there in 1836. The last witness lives about twenty
yards from - the house where. I live. I was in the habit of
passing my evenings with him. He has asked me to write
for him in this book. This entry of Arcot Lass is in my
writing, made by direction of Joseph Gott. I think it was
in the beginning of January. The other entry was made at
the time of the mare's foaling.
Cross-examined by Mr. Sergeant WILDE.—The name of
the mare was put first, and the entry of her being foaled was
put after it occurred. I wrote the date and other par-
ticulars.
George Taylor.—l am in the service of John Scott, trainer.
I was employed by Mr. Ridsdale. I went with my father
from Merton to Newmarket. He gave me this book, with
directions to make entries. The last entry by me was a mare
by Comus, out of Petuaria. Witness spoke to another entry
relative to Young Petuaria. These entries were written by
me in 1835.
Mr. Cattle.—l am a farmer. I was owner of Arcot Lass.

I sent her to be covered by Tramp in 1834. I received in-
formation which induced me to take her away some time in
May, and sent her to Velocipede. She proved barren to
both. I sent her to Merton, with orders that she should be
covered by Mulatto. This, to the best of my belief, was the
latter end of February, 1835. She came back in May, and
I sent her back to foal, and afterwards sold her to Lord
Chesterfield.
Cross-examined.--A man named Peter Pickering took her
to Mulatto. When she was taken to Velocipede, she had
been a day with me. The same man took her. It was un-
derstood that Mr. Ridsdale should have the produce of
Arcot-Lass. On Mr. Ridsdale's bankruptcy, the mare and
foal came back to me. The sale to Lord Chesterfield was
done through Mr. Ridsdale. Upon my oath, I never asked
600 guineas for the two snares and the two foals. I agreed
to sell the mares for £6OO. I got the foals back. They
went to Merton, and thence to Lord Chesterfield. I never
received more than £6OO. At the time
.I sold the mares, I
said to Mr. Robert Ridsdale, " Now, you have been a good
friend to me, and you may take the foals along with them."
Mr. Ridsdale did not take the first produce of " Miss Giles,"
but it was understood he should take those foals she after-
wards produced.
E. Cave.—l lived at Merton in 1834. I knew Tramp,
and have seen him cover. In that year I have seen him fail.
He went away, to the best of my recollection, in. the latter
end of January, or beginning of February. I don't know
when Arcot Lass was covered.
Mr. Cattle recalled.—Pickering is dead. He died last
year. He was in the habit of driving beasts for me. His
wife is living there.
John Harewood sworn.—l know Mr. Ridsdale. In
1835 he applied to me for a loan of money. I went over to
his .place—Murton. I knew the box where Tramp was kept,
and I knew the horse. Mr. Richardson accompanied me.
Tramp was not there, nor in the yard. I did not see him
at all there ; it was Monday the 9th of February. I re-
member it from having lent Mr. Ridsdale £lOO on the fol-
lowing Wednesday, of which this is the memorandum. We
went over the whole of the 'grounds and premises. There
were some fillies in the barn.
Charles Swan.—l am employed by Mr; Carrie, horse-
dealer, York. He keeps stallions. In 1835 we had one
callee Starch. I took him on the 23d February to Murton,
to cover a mare. I know Tramp. I did not see him there
the year before. I saw him in a box made for him. When
I went over there were three fillies in his yard. I went again
on the 25th and 27th, and did not see Tramp. My son en-
tered my going over to Murton in a book.
Cross-examined.—The fillies were all in the box in which
Tramp had been kept.
George Swan.—l am the son of the last witness. I made
the entries in this book as to the times of Starch going over
to Murton, on the 23d, 25th, and 27th February.
William Jeff.—l am groom to the stallion Voltaire. I
took him to Middlethorp in February. About a fortnight
after, I met Taylor in York. I went to Murton. I know
where Tramp was kept. I went to the box, but he was not
there. There were three fillies in it. I did not see Tramp
on the premises.
George Smallwood.—l am a farrier. I remember seeing
Taylor with the last witness in York in 1835. I received
some money from him. I believe it was the 14th, a Satur-
day. I went over to Murton in the following week—l think
the 16th. I went over the whole stud. (The stud went off
on Tuesday.) I did not see Tramp. I saw every place ;
there were three fillies on the premises.
Arthur Stephens, Esq.—l am private secretary to Lord
Lichfield. That letter is signed by him.—[A letter was here
read, addressed to the stewards of Ascot' races—before al-
luded to. It concluded by protesting against any decision
being made on the question of the disputed stakes.]
Mr. Taylor called.—This letter is in my handwriting.—
[The letter was read, stating the times Arcot Lass was co-
vered—twice in February 1835, and again on the 2d March.]
To some questions put to witness as to a discrepancy in one
of the dates stated in the letter, and his testimony, he said
the statement in the letter was a mistake.
Cross-examined by Mr. CRESSWELL.—I do not think
Arcot Lass was covered on the 2d February. If so, I should
have known it.
Colthurst called by Mr. CussswELL.—Arcot Lass was
not covered on the 2d February.
Several other witnesses gave similar replies.
This closed the case for the plaintiff.
Mr. Sergeant WILDE addressed the jury for the defence.
He said the question to be decided was whether Bloomsbury
had been properly described for the race called the Ascot
Derby Stakes. These Races were now under the superin-
tendance of the Stewards of the Newmarket Races, the Mas-
ter of the Buck Hounds being, ex officio, a Steward of these
Races. Races were valuable, not only in their effects in im-
proving the breed of horses, but as affording one of the most
popular amusements of our country ; and he believed they
had done much good. But the breeding of horses was at-
tended with much expense, and few but noblemen, or such
gentlemen as Mr. Ridsdale, who understood the art, could
afford to pursue it. It was, however, of great importance that,
as immense sums were at stake, the rules and regulations
should be so framed and carried out as to prevent fraud and
imposition. And in 1823 his Grace the Duke of Richmond,
whom he should call, was a member of the first racing club
in the land, and he would speak to the consolidation and im-
provement of several of the rules of the club bearing on this
subject. The question was not whether Bloomsbury was the
offspring of Mulatto or Tramp, but " whether the mare, his
dam, was covered by Tramp." The time of foaling was very
uncertain, and it was one of the rules to be adhered to at
Ascot, as well as Newmarket, that if the produce of a mare,
which had been covered by two horses, was entered, the
fact of her having been so covered must be clearly stated,
with the names of the horses. The entry, however, was
that Bloomsbury was the produce of the Arcot Lass, by
Mulatto ; and the objection was tutu Trauip's
mentioned. The practice of thus evading the established
rule was exceedingly disreputable. The parties who resorted
to it did so for the purpose of protecting themselves from
loss should they chance to lose_in the race, by declaring that
the entry is erroneous, and thus avoiding all responsibility ;
but should they win, (which they hope to do, without the de-
tection of the fraud,) they quietly pocket the money. The
horse was nominated in 1837 by Lord Chesterfield, who made
the entry ; but Mr. Ridsdale afterwards appeared, and claimed
to be owner of the horse, and to have the benefit of the
nomination. The horse was erroneously described, not only
in the Racing Calendar, but in the Stud Book, which last
gave an account of the colts, and their condition for each
year. Mr. Weatherby was the Editor of the Stud Book, and
applied to Mr. Ridsdale for imformation relative to his stud,
and Mr. Ridsdale said, that if Mr. Orton (judge at the York
races, who was employed by Mr. Weatherby to obtain in-
forrisation for him,) would come down, he should have all
possible information. That information was given—but er-
roneously. It was to the effect that the produce of Arcot
Lass would be (in 1835) of Tramp or Mulatto. Mr. Orton
afterwards sent a letter to correct the statement, and it was
stated in this, on the authority of Mr. Ridsdale, that all was
correct but the account of Celeste, thus leaving Bloomsbury
as before. This was Mr. Ridsdale's own return, and what
better evidence could they procure? The consequence was,
that parties were deceived. The learned gentleman detailed
at considerable length the particulars of the evidence which
he should adduce. He contended that Tramp had covered
the mare, and thus increased the value of the progeny. The
Stud Book was the strongest proof against Mr. Ridsdale ;
and it was remarkable, too, that the stud book of the plain-
tiffs said one thing, the covering book another ; their wit-
nesses vacilated, and many of their books were burned. He
, trusted that the evidence he should adduce would satisfy the
jury that his client was entitled to a verdict.
The Duke of Richmond, sworn—l am a member of the
Jockey Club. I was a steward in 1828. RulelB,in the Racing
Calendar of 1837, was then consolidated; rule 58 in the same
volume was also consolidated at the same time (1828). Rule
17 was also consolidated. Its object was to prevent fraud.
I consider the Ascot Races subject to the same rules as New-
market, because the Newmarket stewards are ex officio ste-
wards of Ascot. It is not uncommon for a horse to be dis-
qualified upon an objection ; the consequence would be that
the stakes go to the second horse, and the bets be void; but
a case may arise in which, from error, the stakes would go
to the second horse, and the bets to the first. I should buy
the progeny of Tramp rather than that of Mulatto. The pro-
geny of a favourite stallion is more valuable than that of an
unknown stallion. The Stud Book is much referred to."
Cross-examined by Mr. CuEsswELL—You have stated
that if an error is made, honourable men take advantage of
their own error, and withdraw their bets ?—I have known one
instance—it was Mr. Greville. It was before the race. The
nomination was not complete, and when he discovered it he
withdrew his bets. This mare was drawn, and did not run.
Re-examined--I know of no other rules acted upon. The
stewards of the Newmarket cannot act except according to
Newmarket rules. I have known an instance in which an
entry had been objected to, of a mare stated to be sister to
a certain horse. It appeared there were two sisters, and the
particular one not being specified, the one entered was dis-
qualified.
Mr. William Hibbert—l am clerk of the Ascot races, and
have known those races many years. Up to 1836 the Master
of the Buck Hounds acted as steward. After that the ste-
wards of the Jockey Club, in conjunction with the Master of
the Buck Hounds. They first acted In 1837. Up to 1836
the races were advertised previously to be run subject to the
rules of Newmarket. In 1837 they were not advertised with
that clause, owing to the stewards of the Jockey Club hav-
ing been appointed stewards also at Ascot.
Mr. Stanlake Batson—l have been steward of Newmarket
Races, and have bred horses. I have been attending,Ascot
Races for twenty years. The rules of Newmarket were there
observed. Supposing a mare covered by two stallions, is it
possible to tell which is the sire ?—ln one instance, " Pleni-
potentiary's Dam," I have known a mare carry her foal for
twelve months. This was a very extraordinary instance.
The usual time is eleven months, within a week more or less.
If a mare is leaped by two stallions, one an inferior, and the
other a superior one, the progeny would be more valuable if
proved to be the progeny of the better one. This would ap-
ply also to match-making. Tramp was well-known as a
good stallion. Mulatto was not known known.
Mr. Charles Weatherby,—Am assistant keeper of the
Match Book. I published a second edition of the third volume
of the Match Book in 1832. I was about to publish a fourth
volume. I applied to Mr. Robert Ridsdale for a proper ac-
count of his stud for the new Stud Book. He said, Orton
shall come over to Merton. and make it out for you. I em-
ployed Orton sometimes to get information from small
breeders in Yorkshire. I have got the return. Mr. Orton
lives at York. Before I published my Stud Book I got a
correction. I also received an account of the foals to be
dropped in 1836. I published my 4th volume in May, 1836.
In page 15 is the entry. I received no other general account
of the stud except this. This letter (Taylor's) was delivered
to me in October, 1838. I believe it was delivered to me by
Mr. Ridsdale.
Cross-examined by Mr. CRESSWELL.—The whole account
of Mr. Ridsdale's stud is in the 4th volume, which came out
in 1836. Orton was pretty well known. He was judge of
the races at York. He often sent me information. When
Ridsdale said Orton should make it, I don't know whether
he spoke of him as his agent or mine. Both Ridsdales had
told me before that the Stud Book was wrong. Ridsdale
brought me this letter.
Re-examined.--I employed Orton chiefly to get informa-
tion from the small breeders, and a few of the large breeders
near York. I spoke to Mr. Ridsdale in August, 1837.
Mr. James Mainning.—l am clerk to Mr. Weatherby.
I supplied Mr. W. Ridsdale on the 9th of June, 1836, with
the 4th volume of the Stud Book.
George Taylor.—ln 1835 I lived in the service of John
Scott. I was a training groom. lam still in his service. I
knew Murton. In 1835 I went there. I took a letter there
to Mr. Ridsdale, for Tramp. I saw Gott and Colthurst. I
got. Tramp and led him away. I took him to Mr. Scott's of
Whitewall. He was an ill-tempered horse. A groom set
me a part of the way. He was put in a loose box a little bit
below the house. I knew Mr. Allen. He lives at the lodge
at Merton. He has a mare called Nerissa. Tramp covered
her that day in Mr, Scotts yard, I led him again mu day,