THE FRAUD OF A DERBY 



and the Stewards, in view of the legal action 

 taken by Colonel Peel, declined jurisdiction, and 

 stated that, so far as they were concerned, the 

 matter was at an end. The next step in the 

 proceedings was that Messrs. Weatherby obtained 

 an interpleader rule, and it was ordered that the 

 stake money should be paid into court, that the 

 owner of Running Rein should be the plaintiff 

 in the action and Colonel Peel the defendant. 

 The order also settled the terms of the issue to 

 be tried. 



On July ist the trial took place in Westminster 

 Hall before a special jury. It was well staged : 

 indeed, it was the event of the season, for England 

 dearly loves a cause celebre. The avenues to the 

 Court of Exchequer were blocked by an eager and 

 expectant public. To hear " the Derby cause " 

 came the leaders of a brilliant society. The mag- 

 nates of the racing world were there, conspicuous 

 among them being the commanding figure of Lord 

 George Bentinck in all the " majestic frivolity " 

 of attire which distinguished that age. In the 

 imposing array of counsel on either side were 

 men celebrated for their talents and learning and 

 destined to reach the highest posts of their pro- 

 fession. Cockburn,^ whose musical voice and 



« With Cockburn in the case were Edwin James, whose career 

 was to prove at once a success and a tragedy, and Lush, who later 

 sat with his leader in the Court of Queen's Bench, and was after- 

 wards raised to the Court of Appeal. Counsel with the Solicitor- 

 General were Martin (afterwards Baron Martin), S. Wortley and 

 Rawlinson. Martin, who had an intimate and complete knowledge 

 of the Turf, was able to instruct his leader in all the technical details 

 of the case. The conferences at which Lord George Bentinck and 

 Martin were present with Thesiger must have been entertaining 

 and interesting. 



