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 persons 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:
“I know George Dockeray, the trainer. I never said to him, ‘Damn it, this colt has been broken before; here is the mark of the pad on his back.’ I showed him the mark, but I never said those words, or any words to that effect. I don’t know why I showed him the mark. It was not big enough for the mark of a pad, and it was not the place for the saddle to make it. I told Lord George Bentinck the same. The mark of the pad never wears out. I recollect being asked, in the presence of Mr. Smith, what I had there? and I recollect answering, a four-year-old. I have not the slightest doubt of it. Mr. Smith struck me for it. I did not say, afterwards, that I had forgotten all about the horsewhipping, and that the marks of the pad had worn out. I never said, either, that somebody had behaved very well to me.”
At an early period of the examination of witnesses, Mr. Baron Alderson expressed a wish that he and the jury should see the horse; and Mr. Cockburn said he had no objection. On the cross-examination of William Smith, a training groom residing at Epsom, it came out that the horse had been smuggled out of the way, that it might not be seen by the defendant’s agents. The judge, animadverting on this, and on the evident perjury of the witness, said it would be better
that the horse should be seen by him and other parties. The Solicitor-General, who appeared for the defendant, was anxious that the horse should be seen by veterinary surgeons. To which the other side objected, maintaining that the mark of mouth, by which, alone, those surgeons could judge of the age of a horse, was a fallible criterion.
On the conclusion of the evidence for the plaintiff, the Solicitor-General, in addressing the jury for the defence, denounced the case as a gross and scandalous fraud on the part of the plaintiff. The case for the defendant was, that the horse was not Running Rein at all, but a colt by Gladiator, out of a dam belonging originally to Sir Charles Ibbotson; and that it had the name, Running Rein, imposed upon it, being originally called Maccabeus, and having been entered for certain stakes under that designation. But his allegations were against Goodman, not against Mr. Wood; the former had entered into a conspiracy with other persons to run horses above the proper age. The Gladiator colt had been entered for races, under the name of Maccabeus, before Goodman purchased him; and to run these races while the colt was in training for the Derby, for which he was entered as Running Rein, Goodman hired an Irish horse, which he disguised as Maccabeus, though a year older than that horse. The Gladiator colt, the soi-disant Running Rein, when he ran for the Derby, in 1844, was four years old, the race being for three-year-old horses. After hearing some evidence in support of these statements, the case was adjourned till the following day.
The next day, when Mr. Baron Alderson took his seat upon the Bench, a conversation ensued between Mr. Cockburn and the Judge, respecting the production of the horse. Mr. Cockburn asserted that it had been taken away without Mr. Wood’s knowledge, and thus it was out of his power to produce it; he felt it would be vain to strive against the effect which must be felt by the non-production of the horse, after the remarks of the learned Judge on that point. After some conversation, however, the case proceeded, and two witnesses for the defence were examined, whose evidence
went to prove that Running Rein was, in fact, the Gladiator colt. Mr. George Odell, a horse dealer at Northampton, said he could swear to that fact; the colt had two marks on one leg.
Mr. Baron Alderson remarked: “Now, if we could see the horse, that would prove the case. Who keeps him away? It is quite childish to act in this manner.”
Mr. Cockburn now stated that Mr. Wood was convinced that he had been deceived, and gave up the case.
Mr. Baron Alderson then briefly addressed the jury with much warmth, and in a most emphatic manner; directing them to find a verdict for the defendant, observing: