The times of James II. were too troubled for him to amuse himself with horse racing, and William III. had no leisure for the sport, although he added to the plates, and founded an academy for riding, but, under Anne, the turf was again under royal patronage.
The Queen was fond of racing, and gave £100 gold cups to be raced for; nay, more, she not only kept race horses, but ran them in her own name. Her six year old grey gelding Pepper, ran for her gold cup, at York (over Clifton and Rawcliffe Ing’s), on July 28, 1712. Over the same course, and for the same stake, on Aug. 3, 1714, ran her grey horse Mustard, which in 1714 was entered to run in Whitsun Week, at Guildford, in Surrey, for the £50 plate; and, sad to tell, her brown horse Star, ran at York, for a plate value £14, and won it, on July 30, 1714, the very day on which the Queen was struck with apoplexy, expiring the next day.
She paid a visit to Newmarket, in April 1705, going to Cambridge once or twice during her stay. Narcissus Luttrell tells us: “Aprill 26, 1705. The queen has ordered her house at Newmarket to be rebuilt, and gave a thousand pounds towards paving the town; and bought a running horse of Mr Holloway, which cost a 1000 guineas, and gave it to the Prince.” Prince George of Denmark shared his royal consort’s love of horse racing, and gave, at least, two gold plates to be raced for, worth 100 guineas each. This seems to have been a very horsey year for the Queen, for Luttrell tells us that “the queen has appointed horse races to be at Datchet, after her return from Winchester to Windsor.”
A few racing mems of this time will illustrate to what an extent the passion for the turf was carried. 1702: “They write from Newmarket, That the Lord Godolphin’s and Mr Harvy’s Horses ran for £3000. His Lordship won: As, also, the Earl of Argile, and the Duke of Devonshire’s; the latter’s Horse won, by which Mr Pheasant got a considerable sum.” 1703: “The great horse race at Newmarket, run for 1000 guineas between the Lord Treasurer and the Duke of Argyle, was won by the latter.” Perhaps the earliest Sporting Paper is “News from Newmarket, or, An Account of the Horses Match’d to Run there in March, April, and May, 1704. The Weight, Miles, Wagers and Forfeits. Printed for John Nutt near Stationer’s Hall, price 2d.” 1707: “Last Monday was a horse race at Newmarket, between Lord Granby’s Grantham, and Mr Young’s Blundel, for £3000 – the latter won.” On April 10, 1708, at Newmarket, the Duke of Bedford’s bay horse (9 stone) had a match with Mr Minchall’s bay colt (8-1/2 stone) for 1000 guineas, but there is no record of which won. These were the highest stakes mentioned during the reign: they were, generally, for 200 or 300 guineas.
The first mention I can find of Epsom Races, is in this reign, and is in the London Gazette, April and May 26/3, 1703, when three small plates were to be run for, of £30, £10 and £5 value. On May 25, 1704, there was only one to be competed for, and that for £20. They had very early “Epsom Spring Meetings”; for, in the Daily Courant, Feb. 15, 1709, it says: “On Epsom Downes, in Surrey, on the first Monday after the Frost, a plate of £20 will be run for,” &c. Races on these downs have been held continuously since 1730.
The most famous sporting man of his time was Tregonwell Frampton, Esq. of Moreton, Dorsetshire, “The Father of the Turf,” who was keeper of her Majesty’s running horses at Newmarket – a post which he had filled in the time of William III., and which he continued to hold under Georges I. and II. He is described as being “the oldest, and as they say, the cunningest jockey in England: one day he lost 1000 guineas, the next he won 2000, and so, alternately. He made as light of throwing away £500 or £1000, at a time, as other men do of their pocket money, and was perfectly calm, cheerful and unconcerned when he lost a thousand pounds, as when he won it.”
George I. is said to have been at Newmarket in 1716, 1717, and 1718, but neither he nor his successor cared for horse racing, although they still kept “running horses.” George III. used to attend Ascot Races, and his uncle the “butcher,” Duke of Cumberland, was a great patron of the turf, and was the breeder of the celebrated horse Eclipse. As Walpole says of him, 29th Dec. 1763: “The beginning of October, one is certain that everybody will be at Newmarket, and the Duke of Cumberland will lose, and Shafto50 win, two or three thousand pounds.” It was about this time that the betting ring started, and roguery was not uncommon, as we may see by the following:
At the Kingston Lent Assizes, 1767, a case was tried between an unnamed gentleman, as plaintiff, and Mr Wm. Courtney, defendant; the action was upon a wager of 100 guineas, which was reduced to writing, that plaintiff procured three horses that should go ninety miles in three hours, which defendant laid he did not. The plaintiff proved his case very well; but, it appearing to the court and jury that it was an unfair bet, the jury gave a verdict for the defendant. It seems that the way in which the plaintiff performed his undertaking, was by starting all the three horses together, so that they had but thirty miles apiece to run in the three hours, which, of course, was easily done.
In chronological order comes a story of a duel in which the notorious black leg, Dick England, was concerned.
“Mr Richard England was put to the Bar, at the Old Bailey (1796) charged with the ‘wilful murder’ of Mr Rowlls, brewer, of Kingston, in a duel at Crauford Bridge, June 18, 1784.
“Lord Derby, the first witness, gave evidence that he was present at Ascot races. When in the stand upon the race course, he heard Mr England cautioning the gentlemen present not to bet with the deceased, as he neither paid what he lost, nor what he borrowed. On which Mr Rowlls went up to him, called him rascal, or scoundrel, and offered to strike him; when Mr England bid him stand off, or he would be obliged to knock him down; saying, at the same time – ‘We have interrupted the company sufficiently here, and, if you have anything further to say to me, you know where I am to be found.’ A further altercation ensued; but his Lordship, being at the other end of the stand, did not distinctly hear it, and, then, the parties retired.
“Lord Dartrey, afterwards Lord Cremorne, and his lady, with a gentleman, were at the inn at the time when the duel was fought. They went into the garden, and endeavoured to prevent the duel; Mr Rowlls desired his Lordship and others not to interfere; and, on a second attempt of his Lordship to make peace, Mr Rowlls said, if they did not retire, he must, though reluctantly, call them impertinent. Mr England, at the same time, stepped forward, and took off his hat; he said – ‘Gentlemen, I have been cruelly treated; I have been injured in my honour and character; let reparation be made, and I am ready to have done this moment.’ Lady Dartrey retired. His Lordship stood in the bower of the garden until he saw Mr Rowlls fall. One, or two, witnesses were called, who proved nothing material. A paper, containing the prisoner’s defence, being read, the Earl of Derby, the Marquis of Hertford, Mr Whitbread, jun., Col. Bishopp, and other gentlemen, were called to his character. They all spoke of him as a man of decent, gentlemanly deportment, who, instead of seeking quarrels, was studious to avoid them. He had been friendly to Englishmen while abroad, and had rendered some service to the military at the siege of Newport.
“Mr Justice Rooke summed up the evidence; after which, the jury retired for about three-quarters of an hour, when they returned a verdict of Manslaughter.
“The prisoner, having fled from the laws of his country for twelve years, the Court was disposed to show no lenity. He was, therefore, sentenced to pay a fine of one shilling, and be imprisoned in Newgate for twelve months.”
We have a terrible instance in a man, otherwise amiable in all relations of life, of the infatuation for the Turf. Lord Foley, who died July 2, 1793, entered upon the Turf with an estate of £18,000 a year, and £100,000 ready money. He left it with a ruined constitution, an incumbered estate, and not a shilling of ready money!
Here are three paragraphs from the Times about this date relative to racing:
17th April 1794. “Poor Newmarket is completely done up! The Spring meeting boasts so few bets in the calendar of gambling, that the chance will not pay post chaise hire to the black legs. Thus falls the destructive sport of the Turf – and, as that is the case, it would do honour to his Majesty to change the Kings Plates into rewards for the improvement of Agriculture.” This suggestion has been carried out in the present reign.
25th May 1795. “The Duke of Queensberry was a principal loser at Epsom Races. The noble Duke had his vis-a-vis, and six horses, driving about the course, with two very pretty emigrées in it. The Duke was in his cabriolet. The Duke of Bedford, Lords Egremont and Derby were, also, on the course. Several carriages were broken to pieces; and one Lady had her arm broken.
“There was much private business done in the swindling way at the last Epsom Races. One black legged fellow cleared near a thousand pounds by the old trick of an E.O. Table. Another had a faro table, and was on the eve of doing business, when he was detected with a palmed card: almost the whole of what may be justly styled the ‘vagabond gamblers’ of London were present.
“Mr Bowes, half brother of the Earl of Strathmore, was robbed of a gold watch, and a purse containing 30 guineas, at Epsom races, on Thursday last. Many other persons shared a similar fate, both on the same evening, and Friday. Upwards of 30 carriages were robbed, coming from the races.”
8th Sep. 1797. “Never, since racing was patronised by the Merry Monarch, has the Turf been so much on the decline as at this period. His Grace of Bedford is the only person who retains a considerable stud. Lord Grosvenor has disposed of nearly the whole of his, with the reserve of two, or three, capital horses, and some few brood mares.”
CHAPTER XIV
Match between Mrs Thornton and Mr Flint – Its sequel – Daniel Dawson poisons horses – Origin of Bookmaking – Turf frauds – The “Ludlow” scandal – The “Plenipo” fraud – Reports of Select Committee on Gaming, 1844.
The singular contest which took place between Mrs Thornton51 and Mr Flint in 1804 was the talk of its time. An intimacy existed between the families of Col. Thornton and Mr Flint, the two ladies being sisters. In the course of one of their rides in Thornville Park, the lady of Colonel Thornton and Mr Flint were conversing on the qualities of their respective horses; the difference of opinion was great, and the horses were occasionally put at full speed for the purpose of ascertaining the point in question; old Vingarillo, on whom the lady rode, distancing his antagonist every time. Which so discomforted Mr Flint, that he was induced to challenge the lady to ride on a future day. The challenge was readily accepted, and it was agreed that the race should take place on the last day of the York August meeting 1804. This curious match was announced in the following manner: —
“A match for 500 gs., and 1000 gs. bye – four miles – between Colonel Thornton’s Vingarillo and Mr Flint’s br. h. Thornville by Volunteer – Mrs Thornton to ride her weight against Mr Flint’s.”
On Sunday, August the 25th, this race took place, and the following description of it appeared in the York Herald: —
“Never did we witness such an assemblage of people as were drawn together on the above occasion – 100,000, at least. Nearly ten times the number appeared on Knavesmire than did on the day when Bay Malton ran, or when Eclipse went over the course, leaving the two best horses of the day a mile and a half behind. Indeed, expectation was raised to the highest pitch, from the novelty of the match. Thousands from every part of the surrounding country thronged to the ground. In order to keep the course as clear as possible, several additional people were employed; and, much to the credit of the 6th Light Dragoons, a party of them, also, were on the ground on horseback, for the purpose, and which, unquestionably, was the cause of many lives being saved.
“About four o’clock, Mrs Thornton appeared on the ground, full of spirit, her horse led by Colonel Thornton, and followed by two gentlemen; afterwards appeared Mr Flint. They started a little past four o’clock. The lady took the lead for upwards of three miles, in most capital style: her horse, however, had much the shorter stroke of the two. When within a mile of being home, Mr Flint pushed forward, and got the lead, which he kept. Mrs Thornton used every exertion; but, finding it impossible to win the race, she drew up, in a sportsmanlike style, when within about two distances.
“At the commencement of the running, bets were 5 and 6 to 4 on the lady; in running the first three miles 7 to 4 and 2 to 1 in her favour. Indeed, the oldest sportsman on the stand thought she must have won. In running the last mile the odds were in favour of Mr Flint. Never, surely, did a woman ride in better style. It was difficult to say whether her horsemanship, her dress, or her beauty, were most admired – the tout ensemble was unique. Her dress was a leopard-coloured body, with blue sleeves, the rest buff and blue cap. Mr Flint rode in white. The race was run in nine minutes and fifty-nine seconds.
“Thus ended the most interesting race ever ran upon Knavesmire. No words could express the disappointment felt at the defeat of Mrs Thornton. The spirit she displayed, and the good humour with which she bore her loss, greatly diminished the joy, even of the winners.”
This exhibition of herself seems to have fired her ambition, for we read in the Morning Post, Aug. 20, 1805:
“Mrs Thornton is to ride 9 st. against Mr Bromford, who is to ride 13 st. over the York Course, four miles; to run the last race on Saturday in the next August meeting, for four hogsheads of Coti Roti p.p. and 2000 guineas h. ft.; and Mrs T. bets Mr B. 700 gs. to 600 gs. p.p.; the 2000 gs. h. ft. provided it is declared to the Stewards four days before starting, Mrs T. to have the choice of four horses.
“Mr B. to ride Allegro, sister to Allegranti.
“N.B., Colonel T., or any gentleman he may name, to be permitted to follow the lady over the course, to assist her in case of any accident.”
But, on the eventful 24th Aug., for some reason or other, Mr Bromford declined the race, paid forfeit, and the lady cantered over the course. Later in the day she really had a race, which is thus described in the Annual Register:
“Afterwards commenced a match, in which the above lady was to ride two miles against Mr Buckle, the jockey, well known at Newmarket, and other places of sport, as a rider of the first celebrity. Mrs Thornton appeared dressed for the contest in a purple cap and waistcoat, nankeen coloured skirts, purple shoes and embroidered stockings; she was in high health and spirits, and seemed eager for the decision of the match. Mr Buckle was dressed in a blue cap, with a blue bodied jacket, and white sleeves. Mrs Thornton carried 9 st. 6 lb., Mr Buckle 13 st. 6 lbs. At half-past three they started. Mrs Thornton took the lead, which she kept for some time; Mr Buckle then put in trial his jockeyship, and passed the lady, which he kept for only a few lengths, when Mrs Thornton, by the most excellent horsemanship, pushed forward, and came in, in a style far superior to anything of the kind we ever witnessed, gaining her race by half a neck; and, on her winning, she was hailed with the most reiterated shouts of congratulation.
“A sad disturbance took place, in the stand, in the afternoon, in consequence of a dispute between Mr Flint (who rode against Mrs Thornton last year) and Colonel Thornton, respecting £1000. Mr Flint had posted the Colonel on Thursday, and the Colonel recriminated on Friday. This day, Mr Flint came to the stand with a new horse whip, which he applied to the Colonel’s shoulders with great activity, in the presence of a crowd of ladies. All the gentlemen in the place, indignant at this gross and violent outrage, hissed and hooted him. He was arrested by order of the Lord Mayor and several magistrates, who were present, and given into custody of the City runners, until he can find bail, himself in £1000, and two sureties in £500 each. Colonel Thornton is also bound over to prosecute the party for the assault.”
The sequel to this story is told in the same Magazine, 5th Feb. 1806. “In the Court of King’s Bench, an application was made on behalf of Colonel Thornton, for leave to file a criminal information against Mr Flint, for challenging him to fight a duel, and horse-whipping him on the race ground at York last summer, &c. The quarrel arose out of a bet of 1500 guineas which Mr Flint claims to have won of Colonel Thornton by the race he rode against Mrs Thornton, whose bets were adopted by her husband. Whereas Colonel Thornton maintains that, of the bet alluded to, £1000 was a mere nominal thing, intended to attract company to the race, and that nothing more than 500 guineas were seriously intended by the parties. After a full hearing of the whole case, Lord Ellenborough was of opinion, that the case before the Court was one in which their Lordships ought not to interpose with its extraordinary power. On the contrary, he conceived it would be degrading its process to interfere in favour of such parties in such a cause. Colonel Thornton had chosen to appeal to the Jockey Club, and should have abided by their decision. He had, however, not found them exactly fitting his notion of justice; and, therefore, for every thing that had happened since, he must have recourse to the ordinary mode of obtaining redress, namely, by preferring a Bill of Indictment at the Sessions of the County. The other judges being of the same opinion, the rule was discharged.” Flint afterwards became very poor, and was manager at a horse bazaar at York, where he met with his end, according to the Coroner’s jury’s verdict – “Died from taking too large a dose of prussic acid as a medicine.”
We now come to a piece of rascality on the turf, which ended in a man being hanged. The first heard about it is reported in the Annual Register, 6th May 1811. “An occurrence has taken place at Newmarket, which is the subject of general consternation and surprise among the frequenters of the Turf. Several horses were entered for the Claret Stakes, and, as usual, were taken out in the morning for exercise. They all drank, as we understand, at one water trough. Some time after they had been watered, six of them were observed to stagger, and then to roll about in the greatest agony. One is since dead. On examining the watering trough, it was found that the water had been poisoned. The horses were the property of Mr Sitwell, Sir F. Standish, and Lord Kinnaird. Suspicion has attached upon one of the jockies.”
22nd July, 1812. “Daniel Dawson was arraigned at the Cambridge Assizes, on an indictment, with numerous counts, viz., for poisoning a horse belonging to Mr Adams, of Royston, Herts, and a blood mare belonging to Mr Northey, at Newmarket, in 1809; and, also, for poisoning a horse belonging to Sir F. Standish, and another belonging to Lord Foley in 1811, at the same place. He was tried and convicted on the first case only.
“The principal witness was Cecil Bishop, an accomplice with the prisoner. He had been, for some time, acquainted with Dawson, and on application to him, had furnished him with corrosive sublimate to sicken horses. He went on to prove that Dawson and he had become progressively acquainted; and, that, on the prisoner complaining that the stuff was not strong enough, he prepared him a solution of arsenic. Witness described this as not offensive in smell; the prisoner having informed him that the horses had thrown up their heads, and refused to partake of the water into which the corrosive sublimate had been infused. The prisoner complained that the stuff was not strong enough; and, on being informed that if it was made strong it would kill the horses, he replied that he did not mind that; the Newmarket frequenters were rogues, and if he (meaning witness) had a fortune to lose they would plunder him of it. The prisoner afterwards informed witness he used the stuff, which was then strong enough, as it had killed a hackney and two brood mares.
“Mrs Tillbrook, a housekeeper at Newmarket, where the prisoner lodged, proved having found a bottle of liquid concealed under Dawson’s bed, previous to the horses having been poisoned; and that Dawson was out late on the Saturday and Sunday evenings previous to that event, which took place on the Monday. After Dawson had left the house, she found the bottle, which she identified as having contained the said liquid, and which a chemist proved to have contained poison. Witness also proved that Dawson had cautioned her that he had poison in the house for some dogs, lest anyone should have the curiosity to taste it. Other witnesses proved a chain of circumstances which left no doubt of the prisoner’s guilt.
“Mr King, for the prisoner, took a legal objection that no criminal offence had been committed, and that the subject was a matter of trespass. He contended that the indictment must fail, as it was necessary to prove that the prisoner had malice against the owner of the horse, to impoverish him, and not against the animal. He also contended that the object of the prisoner was to injure and not to kill. The objections was overruled without reply, and the prisoner was convicted.
“The judge pronounced sentence of death on the prisoner, and informed him, in strong language, he could not expect mercy to be extended to him:” and the man was duly hanged.
Another gruesome episode of the Turf was the suicide of Mr Roger Brograve early in June 1813, owing to losses by betting. He was the brother of Sir George Brograve, and had been a captain in the 2nd Dragoons, and for some years had betted heavily. Originally, he had a competent, if not a splendid fortune, but, at the previous Newmarket meeting, he had lost heavily, and he was known to have lost £10,000 on the Derby. This he could not meet, and he shot himself. Hundreds of similar cases might be given, but this one must serve as an example. That large sums were wagered and lost and won at this time we may learn from the fact that in 1816 no less a sum than £300,000 is said to have been paid and received at Tattersall’s in the betting settlement on that year’s Epsom races.
Of the origin of bookmaking, Mr Dixon (The Druid) has written so well in The Post and the Paddock, that I cannot do better than copy him verbatim:
“Betting between one and the field was the fashion which Turf speculation assumed in the days of powder and periwigs, and Ogden (the only betting man who was ever admitted to the Club at Newmarket), Davies, Holland, Deavden, Kettle, Bickham, and Watts, ruled on the Turf ‘Change. With Jem Bland, Jerry Cloves, Myers (an ex-butler), Richard (the Leicester Stockinger), Mat Milton, Tommy Swan of Bedale (who never took or laid but one bet on a Sunday), Highton, Holliday, Gully, Justice, Crockford, Briscoe, Crutch Robinson, Ridsdale, Frank Richardson, and Bob Steward, etc., the art of bookmaking arose, and, henceforward, what had been more of a pastime among owners, who would back their horses for a rattler when the humour took them, and not shrink from having £5000 to £6000 on a single match, degenerated into a science. All the above, with the exception of two, have passed away, like the Mastodons, never to return. Nature must have broken the mould in which she formed the crafty Robinson, as he leant on his crutch, with his back against the outer wall of the Newmarket Betting Rooms, and, with his knowing, quiet leer, and one hand in his pocket, offered to ‘lay agin Plenipo.’
“The two Blands, Joe and ‘Facetious Jemmy,’ were equally odd hands. Epsom had fired up the latter’s desire to come on to the turf, and he descended from his coachman’s box at Hedley for that purpose, and sported his ‘noble lord’ hat, white cords, deep bass voice, and vulgar dialect, on it, for the first time, about 1812. He did not trouble it much after he had ‘dropped his sugar’ on Shillelah, though that contretemps did not completely knock him out of time. His acute rough expressions, such as ‘never coomed anigh,’ and so on, as well as his long nose, and white, flabby cheeks, made him a man of mark, even before he got enough, by laying all round, to set up a mansion in Piccadilly. Joe, his brother, had, originally, been a post boy, and rose from thence to be a stable keeper in Great Wardour Street; but, the great hit of his life was his successful farming of turnpike gates, at which he was supposed to have made about £25,000. ‘Ludlow Bond’ was not so coarse in his style as this par nobile, but ambitious and vain to the last degree. It was the knowledge of this latter quality, on the part of Ludlow’s real owners, ‘the Yorkshire Blacksmith & Co.,’ which induced them to put him forward as the ostensible owner of the horse, as no one would back a horse which was known to be theirs. Bond liked the notoriety which this nominal ownership conferred on him, and was, no doubt, a mere puppet, without exactly knowing who pulled the strings. Discreditable as the affair was, he always gloried in it; in fact he was so determined not to let the memory of it die out, that he christened a yearling which he bought from the Duke of Grafton, ‘Ludlow Junior.’ At times he appeared on the heath on a grey hack, and went by the nickname of ‘Death on the Pale Horse’ and, shortly after the Doncaster outburst, he came on in a handsome travelling carriage, with two servants in livery in the rumble.
“Mr Gully, although he did great execution at the Corner in Andover’s year, may be styled a mere fancy bettor now, and, as a judge of racing and the points of a horse combined, he has scarcely a peer among his own, or the younger generation of turfites. His fame at the Corner was at its zenith a quarter of a century ago, when he was a betting partner with Ridsdale. Rumour averred that they won £35,000 on Margrave for the St Leger (1832), and £50,000 on St Giles for the Derby; and it was in consequence of a dispute as to the Margrave winnings, that the Siamese link between them was so abruptly dissolved. Their joint books also showed a balance of £80,000 if Red Rover could only have brought Priam to grief for the Derby. There was a joke too, soon after this time, that Mr Gully and his friend Justice descended on to Cheltenham, and so completely cleaned out the local ring there, that the two did not even think it worth while stopping for the second race day. One of the lesser lights was found wandering moodily about the ring on that day, and remarked to a sympathiser that he was ‘looking for the few half crowns that Gully and Justice had condescended to leave.’”
In the second quarter of this century the Turf was getting in a scandalous condition. A fair race was hardly known for the St Leger, and, in 1827, Mameluke was got rid of by a series of false starts. In 1832 was the Ludlow scandal, just alluded to. This horse was the property of a man named Beardsworth, who was such a rogue that no one would bet on or against his horse, so it was apparently purchased by Ephraim Bond, the keeper of a gambling house, called the Athenæum Club, in St James’s Street. In reality it was owned by four people, Beardsworth, Bond and his brother, and a mysterious fourth party, whose name was not divulged. Ludlow was beaten by Margrave, a horse owned by Gully, the ex-prize fighter, who boldly accused Squire Osbaldistone of being the unknown fourth owner of Ludlow. The consequence was a duel, in which both combatants had very narrow escapes; Gully especially, for his opponent’s bullet went through his hat and ploughed a furrow in his hair.
In 1834 Plenipotentiary, or as it was called for brevity, Plenipo, the favourite for the St Leger, was undoubtedly “nobbled,” either by his owner, Batson, or his trainer, George Paine, either of which were capable of any dishonourable conduct.
There were, afterwards, many minor Turf scandals, but they culminated in the Derby of 1844 which is known as Running Rein’s Derby, which ran as a three-year-old, being in reality four years. As this fraud was the subject of an action, its story may be well told in the following synopsis of the trial.
In the Exchequer
July 1
Before Mr Baron Alderson
Wood v. Peel
This action, which excited the most lively interest in the Sporting World, arose out of the late Derby race at Epsom, in which a horse belonging to the plaintiff, called Running Rein, had come in first. It was alleged, however, that this horse had not been truly described, that he was not of the age which qualified him to run for the Derby, and that he ought not, therefore, to be deemed the winner of the race. Colonel Peel, the owner of Orlando, the second horse, had claimed the stakes, on the ground that Running Rein was not the horse represented; and Mr Wood, the owner of Running Rein, brought this action against the Colonel.
Mr Cockburn, who conducted the plaintiff’s case, gave the pedigree of Running Rein, and his whole history. Among other things, Mr Cockburn mentioned that, in October 1843, Running Rein won a race at Newmarket; that he was objected to on the score of age, but, eventually, the stewards had decided in his favour. The horse was, originally, the property of Mr Goodman; and, Mr Cockburn said, it was because suspicion attached to some transactions of Goodman, and because certain parties had betted heavily against Running Rein, that opposition was raised against Mr Wood receiving the stakes. He made a severe attack on Lord George Bentinck, who, he asserted, was the real party in the cause. Witnesses for the plaintiff described the horse at various periods of its career: it was of a bay colour, with black legs, and a little white on the forehead; its heels were cracked, and in 1842 it broke the skin on one leg, which left a scar. George Hitchcock, a breaker of colts, employed to break Running Rein in October 1842, was cross-examined to this effect: