without the slightest blame being attached to her jockey. 38.-A Horse Scratched out of his Engagements obliged to Pay the Whole Stake. In the Bedford Stakes at Newmarket, October, 1847, Lord Spencer struck the Empress out of this race a short time before the races commenced; but the trainer not being aware of this circumstance started her. A question rose as to whether Lord Spencer was liable to pay the whole stake, or only the forfeit. The stewards decided that he must pay the whole stake. Remark: With all due submission, I assert that this decision was in direct violation of racing law. Empress having been struck out was virtually defunct. If she had come in first she would not have received the stakes: and if she had been backed at the post, the bets would have been null and void; she was therefore to be considered as an intruder, and liable to be fined 57. for galloping with the leading horses in a race. A public notification that Lord Spencer had Empress scratched appearing in the window of Mr. Weatherley's office before the races commenced. 39.—Loutherbourgh Case. After the Goodwood Stakes, 1838, the owner of St. Luke, the second horse, objected to Loutherbourgh, as having been improperly entered, and described as a colt by Mameluke, his dam, foaled in 1828, by Smolensko, out of Miss Chance, by Trinidad, under which description he had run for a plate at Goodwood in the preceeding year. It appeared that this colt had been described and entered in three two year old stakes as by Camel, out of Fanny, by Phantom, dam by Skim; and secondly as Fanny, sister to Fashion, and had been disqualified from winning, owing to the misrepresentation. It appeared in evidence that he was properly described in the Goodwood Plate; and that if no objection was made to his age, the seventeenth rule could not be applied to the case, as the horse had started before. The two year old stake won by Fanny was given up to the Duke of Richmond's Conciliation upwards of seven years after the event transpired, owing to the proof of Fanny being improperly named. 40.-Incorrect Nomination. The opinions of the stewards of the Jockey Club were asked on the following case, which had been decided by the Irish Jockey Club : The Earl of M. had declared the produce of Pasta covered by Drone, as a bay filly, then named Zelmyra. In the following month of January the name had been misprinted into Zulima, and Lord M. having another filly called Zulima, he wrote to name Zelmyra for the Stewards' Stakes, as Zelmyra, sister to Argirio. In 1839 Zelmyra, by Drone, out of Pasta, started for the Anglesea and another stake, but did not win. On Saturday in the same meeting she ran for the Stewards' Stakes, also as Zelmyra, but with sister to Argirio added. She was objected to, as Argirio was by Roller or Drone, out of Pasta; and the objection was confirmed. A similar case occurred at Newmarket. A filly by Whalebone out of Moses's dam, was entered as a sister to Moses, and disqualified, as Moses was got by Whalebone or Seymour. 41.-Declining to Receive Evidence on Misno- The following nomination was made for a Produce Sweepstakes at Ascot : "Lord Tavistock's Sister to Benedick, covered by Middleton." There being two sisters to Benedick, the nomination was incomplete, according to the seventeenth rule. Lord Tavistock ascertained that the other sister to Benedick was sent abroad some time before the stake closed, and submitted that the circumstance sufficiently identified his nomination. The stewards of the Jockey Club declined to go into evidence of this nature, and decided that the nomination was invalid. Remark: This is a very injudicious selection of an adjudged case. There was no reason why the stewards should have declined receiving evidence, because it might have been proved that the sister to Benedick sent abroad was actually dead at the time the stake closed. 42.-Similar Case-Evidence Received. A question was submitted to the stewards of the Jockey Club in the Craven Meeting, 1840, as to the qualification of the Duke of Portland's Beiram colt to start for the 2007. Stakes on Friday in that meeting, for which stakes he was entered as a b c by Beiram, dam by Reveller, out of Veil. Veil had produced two fillies by Reveller, one foaled in 1831, which was the dam of the Beiram colt; the other in 1832. It was proved to the satisfaction of the stewards that the latter mare was not living when the Beiram colt was born, and they therefore decided that the nomination was valid. 43. Whether a Horse was Entered in Time, HUNTINGDON, 1838.-It was advertised that "all horses, &c., named for the Cup Stakes, Sweepstakes, or plates, must be shown and entered before the clerk of the course on the Saturday, August 11th, preceding, at the Crown Inn, Huntingdon. Horses, &c., having run in the previous week at any meeting seventy miles from Huntingdon are not required to be shown." Romania, having run at Goodwood on Thursday, August 2nd, did not show at the time appointed, and ran for the Cup Stakes. Query: was Romania entitled to start, nine days having elapsed between her race at Goodwood and the day of entrance ? It was decided that Romania was entitled, she having run at Goodwood on the previous week to the day of entrance at Huntingdon. Another objection was made to the horse Bravo |