388 



THE MODERN SYSTEM 



latter demurred. There was also anotner 

 plea — namely, that the contract was merely a 

 colourable one to cover an illegal gambling 

 transaction, and, therefore, void. On this 

 latter plea issue was joined, and, therefore, 

 that question remains to be tried. The de- 

 murrer was argued by Mr. Milner fjr the 

 Plaintiff, and by Mr. Bayley for the defendant. 

 The Court decided, with reference to the first 

 point, that as the servant was not alleged to 

 have interrupted the Horse by direction, or 

 command of his master, the latter was not 

 answerable for his act ; and that, with respect 

 to the non-attendance of the referee, it was 

 incumbent on the defendant to have procured 

 his attendance, as he had undertaken that the 

 HorSe should perform this feat to his satisfac- 

 tion within the period of a month. Not having 

 done so, he was bound to deliver up the Horse 

 on payment of a shilling, and, therefore, there 

 must be judgment for the plaintiff. 



THE LATE REV. MR. HARVEY. 



This gentleman who has been for many 

 years a breeder for the Turf, as well as one of 

 its most enthusiastic admirers, was familiarly 

 known to a great portion of the Sporting 

 World, as the " eccentric Parson Harvey." 

 We believe that he was eccentric in the 

 strictest sense of the word ; but his whims 

 and oddities were rather peculiarities than any 

 thing like vice ; and it is his humane and 

 generous conduct to the lower animals, that 

 make us feel such respect for his memory. 

 His oddities, whatever they might be, were 

 far more than counterbalanced by the good- 

 ness of his heart. We shall give the charac- 

 ter of this gentleman from one who we be- 

 lieve well knew Mr. Harvey. He says : — 



" Mr. Harvey had the warmest sympathy 



for the brute creation, particularly the race- 

 horse, and possessed the happy art of curbing 

 the most vicious animals ; his treatment of 

 them being the best practical illustration of 

 what may be done by mild and fair usage in 

 preference to ' knocking the temper out of 

 them,' as is too frequently practised in train- 

 ing stables ; and his swinging by Vandyke 

 Junior's tail in Tattersall's yard, without the 

 Horse shewing any symptoms of uneasiness ; 

 a Horse, previously to his coming into his 

 stable, possessed of as much viciousness and 

 as many spiteful tricks as any animal well 

 could have, shews the patience and kindness 

 that characterised his discipline. 



" His opinion was the very reverse from 

 those who advocate coercive measures ; and 

 when told that ' a good thrashing ' now and 

 then did the animal good, he perfectly agreed 

 with the recommendation ; ' a good thra;>h- 

 ing,' he was wont to say, ' might be of ser- 

 vice, but the devil of it was they too often 

 received bad thrashings.' 



" His vagaries, too, were of a harmless na- 

 ture, and did no injury to others, however his 

 own pocket might have suffered in their adop- 

 tion. If he purchased blood-stock, or dogs, 

 at a price exceeding the ad valorem opinion 

 of more competent judges, he would not part 

 with them without a consideration beyond the 

 purchase money, under the impression that 

 the longer he kept them, the more valuable 

 they became, their keep being added to their 

 orio'inal cost, and not considering that though 

 the blood might be invaluable, their power of 

 continuing it would deteriorate. 



" The act of covering, he argued was au 

 operation of Nature, and therefore between 

 two animals should be left for Nature to 

 effect ; and, in support of this doctrine he was 



