riterion.

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:

"Sinc