528 SPORTING JURISPRUDENCE-THE GUY STAKES. 
Mr. Serjeant Goulburn, on opening the plaintiff’s case to the 
jury, stated, that the real defendant in the action was Mr. Beards- 
worth, of Birmingham, who, as well as the plaintiff, was well 
known on the turf. These gentlemen were the respective owners 
of the two horses that had come in first and second in the race 
for the Guy Stakes run at Warwick, on the 7th of September, 
1830. There were thirty-one subscribers to these stakes, of fifty 
guineas each, several of whom, as usual, became defaulters, and 
paid forfeit. Nine horses ran ; and the produce of the subscrip¬ 
tions and forfeits amounted to nearly £1,000, and had been paid 
to the defendant Atkins, whose duty it was, as clerk of the 
course, to receive the subscriptions, and hand them over to the 
person whose horse was declared by the stewards to be the win¬ 
ner. Mr. Beardsworth’s horse (Birmingham) came in first; and 
Sir Mark Wood’s horse (Ceius) came in second ; but the latter 
was declared entitled to the stakes under the circumstances about 
to be stated, according to the rules by which such matters were 
governed, and so declared by the stewards of the Jockey Club, to 
whom the case had been referred. A decision so pronounced, by 
a tribunal the most competent in such matters, after an agree¬ 
ment to refer the question to that tribunal, was, the learned Ser¬ 
jeant contended, final and conclusive between these parties; and 
he therefore apprehended that they were precluded from going 
into the orginal merits of the question, although, if they did, the 
plaintiff would be shown to be entitled on the merits, as well as 
by the decision already pronounced in his favour, to the amount 
of the stakes in question. The learned Serjeant here referred to 
a case reported in the volume of the Racing Calendar for 1810, in 
which the court held a decision of the Jockey Club on a question 
of this kind binding. [The reference to the Racing Calendar, as 
an authority for a legal decision, excited some pleasantry in court, 
which was increased by the learned Judge pointing out in the 
list of subscribers to that volume the name of Sir James Mans¬ 
field, the then Lord Chief Justice of the Court of Common Pleas]. 
The learned Serjeant was happy to see, although he had merely 
quoted from this book as an authority amongst sporting gentle¬ 
men, that it was one of a high legal character also, as it had come 
forth with the sanction of no less a personage than the Lord Chief 
Justice of the Common Pleas [laughter]. The horses which were 
to run for the Guy Stakes of 1830, were the produce of mares 
covered in 1826, to be named by the owners. They were hence 
called “ Produce Stakes.” Mr. Mytton, a gentleman not un¬ 
known in sporting circles, named the mare Miss Craigie, of which 
the horse Birmingham was the produce, by Whalebone; Mr. 
Gantlet named the mare Lamia, of which the horse Cetus was the 
