Графични страници
PDF файл
ePub

that if a mare were covered by two stallions the fact should be stated. This horse had been entered as the offspring of Arcot Lass by Mulatto. The objection was that the mare had been covered by Tramp, and that that fact had not been stated. The Stud Book of 1835 gave an account of the different brood mares and their foals. Mr. Weatherby, Clerk of the Course at Newmarket, was the editor of the book, and gentlemen made up their books by it. Mr. Weatherby applied to Mr. Ridsdale shortly after the transaction in question for the returns of his stud; and Mr. Orton, at his recommendation, made the returns, which were accepted by Mr. Ridsdale. In that book Arcot Lass was described as to produce a foal next year by Mulatto or Tramp, A short time afterwards Mr. Orton mended the return, and wrote that on catechising Mr. Ridsdale he found Celeste had produced a filly, but the list about all the other mares Mr. Ridsdale said was quite correct. A return was made of the foal, and it was described as got by Mulatto or Tramp. What better evidence could there be than the return of Mr. Orton? And to say that the Stud Book was erroneous, in consequence of a mistake, was but a poor excuse, when all the details of his stud had been furnished by Mr. Ridsdale himself. Tramp was a horse of great merit, and his progeny had won as much as £67,000, whereas the progeny of Mulatto at that time had not won £3000 ; therefore to enter a horse as from Mulatto would get great odds he had no character ; but if it had been described as got by I'ramp, nobody would have betted against it. He (Mr. Serjeant Wilde) did not impute that the entry was originally fraudulently made. It probably was through mistake. Mistakes might happen to the most honorable gentle men; but, however, after the day of making the entry, no alteration could be made, and, if it was bad, the owner must be the loser. After commenting on the evidence of the several witnesses, the Learned Serjeant went on to contend that there was no positive evidence as to Tramp not being on the premises at the time Bloomsbury's dam was covered by Mulatto; he was not seen in his usual box, but that was no proof that he was not in another part of the premises; consequently, according with the evidence for the plaintiff, there was no decided proof that Arcot Lass was not covered also by Tramp.

He then proceeded to call several witnesses, who proved that 'I'ramp was not removed from Mr. Ridsdale's premises till March 3, 1835, and that he served Narissa at Whitwall Corner on the 4th. One witness also stated, that he had heard Mr. Ridsdale say, in speaking of his right to the horse, that sooner than Lord Chesterfield should have him, he would disqualify him, as he was wrongly described when entered for the two Stakes at Ascot.

Mr. Cresswell, in reply, said, that the mistake in the account given arose entirely from Arcot Lass having been covered in 1834 by Tramp and Velocipede, both of which coverings missed-hence the error only consisted in mis-stating one year for another ; but the fact was, that in the year 1835 she never had been covered by any other horse than Mulatto.

The Learned Judge refused to receive Mr. Orton's written return to Mr. Weatherby of Mr. Ridsdale's stud, without the production of Mr. Orton himself.—Mr. Serjeant Wilde declined calling that Gentleman : and the point was reserved for the decision of the Court Above, if it were deemed necessary to proceed further, whether the Learned Judge was correct in rejecting that return.

Mr. Baron Maule in summing up the evidence to the Jury, commenced by reading the Rules of the Jockey Club, which required that in every case where a mare was covered by more than one horse the fact should be described in the entry for a race of the particular horse of which she was the dam, and then observed that the question they had to determine was, not whether Arcot Lass had been covered by Mulatto, but whether she had been covered by “ Tramp” also ? Because if she had, then, in his opinion, the description which had been given of Bloomsbury did not come up to the regulations of the Jockey Club, and Bloomsbury was disqualified. "His Lordship then

read his notes of the evidence of T. Taylor, the first witness called on the part of the plaintiff, and remarked upon the circumstance of some leaves having been torn out of the book kept by him, and also upon the fact of the books of Mr. Robert Ridsdale having been burned when he became a bankrupt. These were certainly unfortunate circumstances, and the books of a bankrupt ought never to be destroyed. However, the Jury would place such value upon the circumstances as they thought they deserved. The plaintiff had certainly adduced positive evidence that Arcot Lass had been covered by Mulatto, and very likely the foal was by him; and they also gave evidence that Tramp did not cover the mare in the particular year, 1835. The dea fendant had also adduced evidence to shew that there was a mis-statement in the evidence of the plaintiff's witnesses as to the time when Tramp left Mr. Ridsdale's. That evidence certainly shewed that Tramp was at Merton when Arcot Lass was brought there. It did not, however, follow necessarily that Arcot Lass had been put to him, although it offered a fair ground for the inference that such was the case. Evidence had also been given as to Mr. R. Ridsdale's adoption of the description of Bloomsbury given in the Stud Book, where he was described as “ out of Arcot Lass by Mulatto or Tramp,” and also as to his knowledge of the disqualification of Bloomsbury in consequence of the statement he made with reference to preventing Lord Chesterfield gaining the Match, by proving that the horse was disqualified. He did not think any imputation could be cast upon Lord Lichfield for having the case tried before a Jury. It was perfectly open to His Lordship to have it tried in a Court of Justice or by the Jockey Club, and nothing prejudicial to him for electing the former course could arise. They would take the whole matter into their consideration. There was undoubtedly a large sum depending on their verdict, but he did not know that he could assist them by any further remarks. They had heard the whole evidence given by the witnesses, and his recapitulation, and they would say whether the description given of Bloomsbury was proper. If Arcot Lass was covered by another horse besides Mulatto, then he was of opinion the entry was not proper, and they must find their verdict for the defendant; but if they thought she had not been so covered, then the entry was proper, and the plaintiff would be entitled to their verdict.

The Jury retired, and in less than half an hour returned into Court, and pronounced a verdict for the p'aintiff, which was received with loud cheers. The trial lasted the whole of the day.

RIDSDALE V. CRAVEN,

On Friday morning the Court was filled at an early hour, in expectation that this cause would be tried, it being understood that the Counsel for the defendant had expressed a determination to try their chance in a second trial ; but Mr. Serjeant Wilde stated that an arrangement had been entered into which would render it unnecessary to go into this second inquiry. A verdict would, therefore, be returned for the plaintiff upon the first issue, and for the defendant upon the second issue, the same evidence to be considered as adduced on Friday, and the same point raised as on Thursday. The verdict was returned accordingly.

In this case there were two issues--the first, as to whether the horse Bloomsbury was correctly entered for the Derby. On this the verdict was entered for the plaintiff, subject to the same objection made on the trial “ Ridsdale v. the Earl of Lichfield,” namely, as to the non-admission of Orton's returns to Mr. Weatherby, on which the Stud Book was made up, without defendant calling Orton to prove Ridsdale's authority to make them, The second issue was as to whether the Epsom Stewards had decided the horse was properly entered or not. On this issue the verdict was for the defendant ; and it was agreed that all the Stakes should be paid to plaintiff, on his finding security to refund in case the verdict shall be set aside on the point stated only.

SPORTING INTELLIGENCE.

RACING INTELLIGENCE EXTRA.

[ocr errors]

Newmarket. There are ninety-three nominations for the Cesarewitch Stakes, in the Second October Meeting, a free Handicap Sweepstakes of 25 sovs. each, 15 ft., with 300 added by the Imperial Grand Duke of Russia, the second horse to receive 50 ; and for the Cambridgeshire Stakes of 25 sovs. each, 10 ft., with 100 added by the Town of Newmarket, in the Houghton Meeting, there are fifty-five nominations.

The objection to Deception laid by Mr. I. Day, that, in the race for the 50 sovs. Sweepstakes at Bath, she and Westonian (second) went on the wrong side of a post, has been decided in favor of the mare.- In our pedigree of Defence, her sire (July Number, p. 141), there was a trifling error :-it should have been, “ Defence, by Whalebone out of Defiance by Rubens her dam Little Folly by Highland Fling.”

Brighton Stakes. Here it would appear is another case for the Lawyers. Lord George Bentinck’s Ratsbane went in an easy winner, beating Ruby, Joannina, Slang, Tawney Owl, and Merganser. The latter, third till within three quarters of a mile from home, ran against a post with such violence as to force it down and throw herself on her head, her rider (Pettit) being much shaken by the fall. On recovering herself she ran up the course, and drove Joannina and Slang considerably out of their line. The horses were to pass through two posts on going out, and to keep on the left in returning; and it was stated that the leading horses did not comply with the conditions. . Wakefield, who rode Tawney Owl, seeing his mistake in time, stopped his horse, went back, took his course as directed, and on going to scale claimed the race. Captain Rous, the acting Steward, after receiving the evidence of the jockeys, proceeded to that part of the course where the mistake was stated to have been made, accompanied by the Clerk of the Course, the starter, W. Day, E. Edwards, Sly, Balchin, and Wakefield, and after a personal inspection of the tracks, and a further examination of the jockeys, decided that the four horses mentioned had gone on the wrong side of the upper post, and that Mr. Shelley was entitled to the Stakes. John Day, jun., on the part of Lord George Bentinck, objected to the Stakes being paid over to Mr. Shelley. A correspondence has since appeared between Lord George Bentinck and the Stewards of the Brighton Races the Earl of Chesterfield, Hon. Captain Rous, and Colonel C. Wyndham. Lord George Bentinck wrote to complain of the decision of Captain Rousthat Ratsbane, in running for the Brighton Stakes, went on the wrong side of a post-which (His Lordship avers) is contrary to the declaration of his trainer, John Day, jun., and of the evidence of leading jockeys in the race. He, therefore, requests that the Stakes may be withheld until he can submit the matter to some other tribunal. The Stewards say, in reply, that after a minute investigation they are quite satisfied with their decision, ano. navo ordered the Stakes to be paid to Mr. Shelley. Lord George retoris that he will be under the necessity of appealing against this decision “ to the superior justice of a Court of Law.”

THE CHASE.

In addition to the information from our Correspondent Clio in the present Number, p. 376, our Friends The Adelphi say, “ Mr. Hodgson purposes to hunt the Quorn country four days a-week. His establishment is at Quorn, and will remain there permanently. The old kennel at Kibworth will, if practicable, be repaired and used occasionally when the hounds are in the Harborough country, the Billesdon kennels being ineligible on many accounts. The accession of an old and enthusiastic Sportsman lik

Mr. Hodgson is an auspicious event in the annals of Leicestershire, betokening a revival of its former glories, unhappily dimmed during the last season. Mr. Hodgson hopes to begin cub-hunting Monday, September 2nd, on Charnwood Forest. The hounds will come to Quorn the week previous.”

Ariel

Aquatics.

ROYAL YACHT SQUADRON, The Regatta was this year honored with the presence of Royalty. On the 14th the Duke, Duchess, and the Princesses Augusta and Mary of Cambridge arrived at Ryde by the Southampton steamer, and were saluted on their landing by the Club House. Their Royal Highnesses honored the Earl and Countess of Wilton with their company to dinner on board their beautiful yacht the Xarifa, and on leaving the vessel all the yachts that had guns fired Royal Salutes, and fireworks were let off from the shore. On Friday their Royal Highnesses again dined on board with the Noble Earl and Countess, and the same ceremonies were repeated.

On Saturday the 17th, the Duchess of Kent's birthday, the following yachts took their stations to contend for Her Majesty's Plate of 100 gs. :Dolphin ....

schooner.... 217 tons .... G. H. Ackers, Esq.
Galatea .... schooner.... 190 ........ C. R. M. Talbot, Esq., M. P.

schooner.... 118 ........ A. Hill, Esq. Miranda.... schooner.... 164 ........ A. Murray, Esq., M. P. At a few minutes before 11 A. M. the Noble Commodore fired the first gun, and hoisted the preparation flag (signal to make sail); and exactly at eleven the flag was hauled down and the second gun fired (signal to start). The course was to the eastward, round the Nab-light, leaving it on the starboard hand ; thence to the westward, round a station vessel off Yarmouth, leaving it also on the starboard-hand, and back to Cowes, between the Commodore's yacht and Cowes's Castle ; distance 42 miles. In the morning it was quite calm, but as the hour for starting approached a slight breeze sprang up from

The yachts rounded the Nab as follows :-Dolphin, 12h. 46m. ; Galatea, 12h. 59m. ; Ariel, lh. 4m.; and Miranda, lh. 9m. In working down, off Cowes, in a thunder-squall, the wind for a short time flew round to the N. W., which gave the Galatea (she being then to the northward) the start of about a mile of the Dolphin, but this only lasted about twenty minutes, when the wind again backed to the W. S. W., very light, and the Dolphin shortly resumed her first position, winning by 12m. 54sec. -The vessels came in as follows :-Dolphin, 6h. 46m. 15sec. ; Galatea, 6h. 59m. 9sec. ; Ariel, 7h. 20m. 32sec.; and Miranda, 7h. 23m. 23sec. In the harbor and Roads there were upwards of fifty yachts, which presented a very gay appearance. Incessant rain during the evening precluded the customary display of fireworks, and their exhibition was postponed for a more favorable opportunity.

On the 19th the Club held their annual dinner, the Noble Commodore in the Chair, and Captain Corry, R. N., acting as Vice-President. It is needless to say that all the delicacies of the season, and plenty of them, were provided, together with a sumptuous dessert, of which upwards of eighty Members and Distinguished Visitors partook :--all was conviviality and harmony.

On the 20th upwards of forty yachts weighed anchor, and performed various evolutions in view of Cowes. They returned to their moorings at 6 P. M., and in the evening there was a splendid display of fire-works on shore near the Club-House, and on board the yachts, which lasted from halfpast nine till midnight.

The Xarifa sailed this morning for Lisbon, Cadiz, and the Mediterranean, with her Noble Owner, the Countess of Wilton, and the Hon. Mr. and Mrs. Villiers; and the Galatea for Spain.

S. W.

Phebe

66

On Wednesday, the 21st, the following yachts started for a £50 Plate, the signal being given from the Club House :

schooner.... 33 tons .... Captain A. L. Corry, R. N.
Will-o'-the-Wisp.... cutter ...... 40

Sir Robert Hartland, Bart.
Matilda............ cutter ...... 44

H. Oglander, Esq.
Aurora ............ cutter ...... 40 ........ W. Beach, Esq.
Cynthia....

........... cutter ...... 40 ........ R. Frankland, Esq. The course--from their stations off Cowes Castle to the westward, round the buoy off Lepe, leaving it on the starboard hand, thence to the eastward, round the Nab-light, leaving it on the starboard hand, and back to Cowes, between the station-vessel and Cowes Castle : distance 30 miles. The wind was very light throughout the day, except for about an hour on their return from the Nab, when they had as much wind as they could conveniently carry in their whole sails. The Cynthia went first round the Nah, but afterwards lost ground, and the yachts arrived in the following order :Phebe, 6h. 24m. 20sec. ; Will-o'-the-Wisp, 6h. 25m. 45sec. ; Matilda, 6h. 27m. 30sec. ; Aurora, 6h. 29m. 50sec. ; and Cynthia, 6h. 33m. 43sec. The latter part of the race was beautifully contested, there being only Im. 25sec. between the first and second boats, and 9m. 23sec. between the first and last.

The Regatta Ball took place in the evening in the large room of the Club House, and was more numerously attended than on any former occasion, there being 230 persons assembled, including the greater portion of the Nobility and Gentry of the county. In adding that all went off with great eclat, it would be unjust not to notice the attentive exertions of the Hon. Secretary, Mr. J. Bates, who, whether on sea or on shore,” was everywhere present where his services could be brought into action.

A full-length portrait of the Earl of Yarborough, in his costume as Commodore of the Royal Yacht Squadron, has been painted at the expense of the Club, and is about to be engraved.

ROYAL THAMES YACHT CLUB. The annual Above-bridge Match of this Club, for a Silver-gilt Cup and Cover, was sailed for on the 30th of July by yachts not exceeding ten tons from off the Temple Gardens to Wandsworth Meadows and back. The weather was extremely unfavorable, the rain descending in torrents, notwithstanding which several boats accompanied the Match. Five vessels were entered, but only three appeared to compete, the Haidee and the Arrow being drawn

Ripple (late the Gem)........ 9 tons.... B. Holt, Esq.
Sylphide (late Lady Emma)... 9

II. T. Fowler, Esq.
Caroline (late the Albion)

D. Ramsay, Esq. The wind was East by South, and but little of it. The boats were at their stations at half-past three, and precisely at four W. H. Harrison, Esq. the Commodore, gave the signal from an eight-oared cutter, manned by Members of the Club. The vessels canted round together, but the Sylphide got off first with a slight lead, Caroline second, and Ripple close in their wake, and thus they went under Waterloo-bridge. Shorly after the Ripple passed both, and was first under Westminster-bridge. Off Lambeth Church she was twenty boats in advance of the Caroline, the Sylphide having dropped astern. A breeze now sprang up, but soon died away, and in Chelsea Reach the Sylphide came up, and on passing Battersea-bridge took the place of Caroline. They passed the distance-boat as follows :-Ripple, 4h. 55min.; Sylphide, 4h. 56{min. ; and Caroline, 4h. 57min. On coming down, the Sylphide went up to the leading boat, and passed her off the Distillery at Wandsworth, and at the same moment carried away her mast, which unfortunate accident put her out of the Match. The Ripple from this had VOL. XIX. SECOND SERIES.-No.113,

3 G

10

« ПредишнаНапред »