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Whenever possible, these hsve been omitted from filming/ II se peut que certainas pagea blanchea aJoutAas lors d'une restauration apparaiaaent dene le texte. mais, lorsque cela itait possible, ces pages n'ont pes tti filmtes. Additional comments:/ Commentaires supplAmentaires; L'Institut a microfilmi le meiileur axamplaira qu'il lui a itt possible de se procurer. Las details da cat exemplaire qui sont peut-4'°c>©^^^ •■ ■ \.. TOZtOKTO, 'HINTED DY W. .1. COATRS,— ir)0 KING ST« E KT. I 8 4 0. I / ^ '.If I t i: • t /■ J 'ii i § f: I \i STATEMENT by Major MAGRATH, in reference to certain transactions in connection with U* C, Turf Cluh. The publication of a Pamphlet, signed " John Maitland, Secretary Turf Club," which has been wide- ly circulated throughout the Provinces, compels me to notice certain charges calculated to affect my cha- tacter, especially among those personally unacquaint- ed with me and my assailant. I would premise, by stating the writer to have formerly served as Corporal in the Troop under my command j as, a reference to the paylist now in my possession, attested by the signatures , of Colonels Bullock, Halket, and Jarvis, and his receipted account will prove ; and, that he is now employed as a clerk in the Military secretary's Office. Naturally anticipating the reception that a Pam- phlet, sent before the public unsupported save by his own name and reputation, might meet, my assailant has attempted to invest it with a less equivocal cha- racter, by announcing it as " Correspondence &c. between Col, Mackenzie Fraser, Major McGrath, and Mr. Maitland." One solitary note of four lines from the former gentleman, has, it seems, entitled him to the distinction of appearing before the public as the Correspondent of Mr. John Maitland. I pass over every thing in this creditable produc- tion save the immediate charges. I may here perhaps, state, that I was a Member of the Finance Committee of the Race Club, of which Mr. Maitland was Secretary and Treasurer. I take the first material allegation ; **0n the Mon- " day or Tuesday evening after the Races, I waited " upon you at your quarters in Bay Street, by ap- " pointmont, agreeable to your anxious wish and paid " over to you the monies I had further received, ex- " cccding the sum of £50, and assisted in making at " the same time a balance sheet from the subscrip- " tion book, &c. &c. shewing a healthy state of the " funds, which I also left with you. Many sums of " money I know, as a matter of course, were after- " wards paid by you, and many more received, some " of them through mc, and this went on for some time, " when, Mr. Heath came to the Military Secretary's " Office and informed me that you were out of funds, " and requesting that Col. Mackenzie Fraser be ask- " ed to give you a cheque or order for the remaining " money in the Farmer's Bank (£28 odd). I instantly " wrote the Colonel a note containing the substance " of your message, and was always given to under- " stand that you had received the amount from the " Bank until the other day." Subsequently, Mr. Maitland at page 8, charges me, at a meeting of the Stewards, in these words ; " He laid open his budget and a statement of accounts " shewing the Race funds in his debt to an amount ** over 30/, which I pronounced to be erroneous, and " asked him if he still denied receiving the /28 7 Qfrom " Col, M, Fraser^ which he stoutly adhered to on being " asked the same question three times — whereupon I told " him he had received it, and on his being still fur- " ther interrogated by me as to what had become of " the balance sheet and original copy of entries for " the Races, he remained silent." At page 6, is given a note from Col. Fraser en- closing one of mine, acknowledging the receipt of /28 7 6 from him. So stands the charge ; & the question is thus broad- ly put. Have I embezzled /28 7 6 of the Race funds, or have I been falsely accused by a wilful slanderer. In three several shapes Mr. Maitland has recent- ly advanced this accusation : 1st,— That he paid mc /28 7 6 himself. 2nd.-- Hc^s scrtcd before Mr. Heath* and Sergeant Holland , * Note.— See Mr. Heath's Letter in Appendix. V i if ■>\' I I I i 4-3 that he gave Mr. Heath /28 7 6, and Srd.—In the ' pamphlet, he avers that it was paid me by Col. Era- ser by cheque on the Farmer's Bank in my favor. — Whether each of these substantially different charges refers to a distinct sum of /28 7 6, or whether Mr. Maitland, with characteristic sagacity, has made his statement in three different forms, to afford a chance of one at least proving correct^ must be left to himself ; suffice it for me to meet it in its last tangible shape. It is perfectly correct that I received £28 7 6 from Col. Fraser. It is wilfully and maliciously false that I received, in addition, a sum " exceeding £50," as stated in page 5. On an investigation before the Stewards, and also before three gentlemen, appointed to examine our accounts, viz. Mr. Stanton, Mr. J. Cameron, of the Commercial Bank & Mr. W. H. Boulton, I produced my account. I gave Mr.Maitland credit for a balance of £50 2 6. In support, I produced my cash book, in which for the last two years, all my money transactions are regularly entered. This balance I shewed to be made up of the following three sums: — 1st. £16 10 cash received by me from Mr. Maitland, on the -evening he states that he paid the £50. 2nd. £5 5, Mr. Cumming's subscription, &c. 3rd. £28 7 6 enter' d therein at the very time it was received foom Col, Fraser, viz. August, 1839, forming part of this very sum of £50 2 6, which I credited to Mr. Maitland ! In presence of Col. Airey and other Stewards, at the meeting of the J4th July, I did state, and do still, that I never did receive the sum in question, £28 7 6, from Col. Fraser, in addition to the sum at that moment credited by me to the races, and it must appear evident to every one, that Mr, Maitland want- ed me to acknowledge the receipt of that su twice. A reference to the accompanying Accc .ats and Reports of the Arbitrators will test my accuracy at at a slight glance. 6 This is the manner in which I " denied receiving the £28 7 6 from Col. M. Eraser, which I strictly adhered to on being asked the same question three times." With respect to the accounts themselves, the statements of the gentlemen who have given them a most patient investigation, are now before the public, to them I would refer without note or comment. I may be allowed to remark, however, that with the races of 1837 and 1838 I could not have any- thing to do, as I was not even here at the time, (in the former year being at Niagara, in the latter quartered at Brantford,) there cannot be any grounds for inden- tifying me with the money transactions of those years, my transactions are confined solely to 1839 after the races were over. Soon after Col. Eraser's return from Lower Ca- nada I waited on him, and for the first time, found that the £28 7 6 as stated by Mr. Maitland, as hav- ing been paid by him, Mr. Maitland, first to Mr, Heath and then to me, to be one and the same sum, that I had received from Col. Eraser, for J. Maitland and P. Buchanan, and which was at the time Mr. Maitland brings the charge against me, credited to the Races and included in the sum of £50 2 6, It will be observed by Mr. Maitland's pamphlet, that by his letter 30th April, 1840, he sends me, ^'un- asked he it observed,''^ his Racing accounts for 1837 & 1838, vnth the alleged reason that they may assist mc in making out mine for 1839, — the object is now ap- parent, Mr. Maitland dubs me, as it will be scon on reference to his account for 1838, "Acting Treasurer" for 1839 — to make mc liable for rendering all the accounts for 1839. Mr. Maitland states in his letter of July 2 1th 1810, that "a/ my earnest request^'' he <^avc over the accounts, and fifty pounds to mc. I would call attention to his letter, the first in his pamphlet, in which he acknowledges that I had overpaid money on account of the Races in August 1839, and would ask ■f. > % I receiving I strictly on three Ives, the 1 them a e public, ent. hat with Lve any- ie,(in the [uartered )r inden- se years, after the vver Ca- D, found , as hav- r. Heath , that I i and P. laitland Races niphlet, I le, (( uri- 837 & ssist mc ow ap- ccn on Iisurcr" all the letter c <^avc would ilct, in ney on lid ask iiow can these apparent contradictions be reconciled, if Mr. Maitland, as he states, had paid mc £50, how docs it happen that in two months afterwards ho allows that I had overpaid money on account of the Races. Now with reference to Mr. Maitland's letter to me 24th July, 1840, (to which it will be observed, that in another part of his pamphlet he complains *• no answer appears from Major Magrath,") and in which letter to me of 24th July, 1840, he concludes by something in the nature of a threat, " that unless I make a satisfactory statement and settlement," he will call a meeting, ^c. Mr, Maitland seems to have forgotten that on the very 24th July, 1840, a meeting principally I may say, at my instigation (for after what had occurred I was anxious to have matters dis- posed of) was actually held at the Ontario House by the Stewards, (Col. Airey in the chair) for the ex- press purpose of setthng these accounts. What an- swer then, in the name of common sense, could Mr. Maitland expect, or what right had he to expect any answer to a letter written on the very same day, when the statements were to be rendered by me at that meeting of the Stewards, and settlements to be made. Why that meeting did not settle the statements laid before them, Mr. Maitland would account for by saying, " The President not considering these matters " of 1839, properly coming under the jurisdiction of " the Stewards of this year, (1840) the budget of pa- " pers was by Major Magrath handed over to his suc- " cessor, Mr. William Boulton,the present Treasurer." Note what follows ! ! " In whose hands I have since " looked over them." Yes indeed ! Mr. Maitland, ** since looked over them^'' when I was not present and before he published his pamphlet, he there saw that I had credited as received from J. Maitland £50 2 6, hence the attempt on his part to fix upon me the re- ceipt of the additional sum of L28 7 6, as from Col. Frascr. 4 8 The refutation to this is the decision come to by the majority of the arbitrators (I may call them such,) Robert Stanton, Esq., named by myself, and John Cameron, Esq., Cashier of the Commercial Bank, named by William Boulton, Esq., who distinct- ly state their conviction on the production of my cash book before them, and the detailed and vouched ac- counts, which I produced, that that no corresponding sum of the like amount (i(28 7 6,) was received by me, either from Col, Frascr, or from Mr, Maitland, or from any other person, I am not aware that anything in ad- dition to this from myself, could by possibility streng- then my cause. I abide by it with the positive declaration that it is the truth, and that I have in " good faith" account- ed for all monies received and expended by me for the year 1839. I cannot conclude without alluding to the accu- sations made in Mr. Maitland's pamphlet against Mr. Heath, as connected with these Races, (1839): — not satisfied with making charges against me, Mr* Mait- land must extend his rancour to this- gentleman, who is under uiy command. For me to speak in his com- mendation on this occasion, when we are both involv- ed by the same individual in charges of the most dis- reputable kind, would be superfluous. To show the character of the accusations, however, and the spirit in which they are made, by Mr. Heath's request I have also appended hereto, a "correspondence" which speaks for itself, and which if any thing can do so, must place Mr. Maitland in the unenviable position in which Mr. Heath properly places him, of having " paid an utter disregard to the truth." I may here notice too that Col. Fraser during the absence of Col. Halkett, is Acting Military Secretary, an orderly from the Troop under my command attending daily at that office. I am confident it was without the knowledge of Colonel Fra. zer that Mr. Maitland, who is a clerk in that office, distri- buted his slanderous publication, containing charges not only ngninst mvsclf, but also n'^'''nst Mr. Ilenth. nn t^'^^oi^r •^' - lis- the irit tl Ich JO, Lon my commaiul, by employing Cul. Fiazci's orderly for that I>urposc, who delivered at my own quarters a copy directed to me, and another for the Olficers under my command ; the orderly reports that he was employed from two o'clock until half-past six, on the 18th delivering the publications allu'Jed to. This extraordinary charge may be thus summed up : — I am accused of receiving £28 7 from Col. Frazcr, and of subsequently denying its receipt. I have proved to the satis- faction of the arbitrators that the balance with which I credit- ed Mr. Maitland JC50 2 0, was correct, and was made up of three sums one of which was the very sum of £28 7 received from Col. Eraser. Now, unless another sum of precisely the same amount can be shown to have been received by me, and this has not been ever asserted — my refutation of the slander is complete. I may consider myself fortunate in being able by vouchers and written testimony, to meet lliis creditable charge — had 1 been unprovided with such undeniable witnesses, my charac- ter among strangers might have suflcred in a contest with an assailant so prodigal of assertion — so miserly in fact, I have now done ; no subsequent attack of any descrip- tion from the same quarter can draw from mc any further re- mark. To those personally unacquainted with mc I principally direct this statement. Those who know both me and my an- tagonist would hardly have required me to make even this an- swer to the accusations of Mr. John Maitland. THOMAS VV, MAGRATH. Toronto, August 28th, 1840. Il may bo proper to mention, that ll e above, with the ac companying documents, would have appeared at an early period, fjut from some unavtidablo delay ; the papers from Mr. CouUon, Mr. Cameron and Mr. Stunton only reached mc yesterday, 26insl. T. W. M. ice lorn Ice. ira- Itri- dy 11 RESULT OF INVESTIGATION.— (Mr. Boulton.) Upon an investigation of the documents connected with the Racing accounts for 1837, 1838 and 1839, that took place before Robert Stanton, John Cameron and William Henry Boulton, Esquires, who met together for such purpose on the 20th; 21st and 22d August, 1840, the following appears to be satisfactorily shewn : — First, That in the Racing accounts for 1837, there being a deficiency of £75, Mr. George Duggon, one of the Stewards for that year, andvanced that sum. Secondly, That Mr. John Maitland, then Secretary of the Races, did by sums received in 1837, pay to Mr. Duggan £40, on account of his advances, in two sums of £28 and £12, and that to the beginnin/s: of the year 1839, there was still due to Mr. Duggan by the Turf Club £35. Thirdly, That there appears to nave been due to Mr. Maitland in 1838, on account of the Races, £8 6 6, which sum appears to have been paid by Major Magrath. Fourthly, That Mr. Maitland*s account, with the Races stands as follows : — Dr. John Maitland in account with the Turf Club, Cr* 1837. 1 1837. ■ ' ■ ' To cash received from G .Dug- By sundry Purses gan to pay balance &, Stakes paid for of Stakes & Purses Races of 1837., £75 for 1837 £75 By cash pd. G. Dug- Turf dues received 45 gan in part 40 By balance to ac- count 5 £120 J 838. ^^ To balance £5 £120 ToTurfdues,1838,151 5 By sundry pay- To balance to my ments 1G4 11 G account 8 C G £104 11 £104 11 6 1839. To cash from Major 1389. Magrath.. 35 By balance £8 6 6 To balance due J. Cash piad balance, M. rec'd. from do. 8 G G note to Duggan.. 35 £43 C £43 C (} G 12 Here Mr. Maitland's account ends, lie having no claim against the Club, and the Club having no claim against him. Fiflfdy, It appears that in 1839, Major Magrath paid the above balance of £35, shewn to be due on account for 1837, and that in 1840 liQ paid Mr. Mailland £8 G C, being the balance due him in 1S38. Sixthly, That Major Magrath's accounts sent in, shew as follows : — Dr. Major Magrath in account with the Toronto Races. Cr. 1839. To amount received from sundry per- sons for 1839... £2C 10 Amount paid by J. Maitland 50 2 Balance due Major Magrath 31 12 G £108 4 8 1839. By amount paid sun- dry Stakes.... £108 4 8 £108 4 8 Seventhly, It appears further that Major Magrath re- ceived from Col. Fraser the sum of £28 7 G, which if de- ducted from the above balance, would make Major Magrath a creditor of the Club to the amount of £3 4 8, instead of £31 12 2 as above charged. Eightly, It is stated by Major Magrath, that the above sum of £28 7 C is included in the above item of £50 2 0, with other sums received by him on account of the Races, and to prove this, he produces his cash book, in which appear the following entries : — 29 June, 1839,cash £10 10 13 Aug., 1839, cash per Col. Fraser, Race account 28 7 6 15 Feb., 1840, cash per Cummirg's subscription.. 5 5 £50 2 by which it appears, that unless Major Magrath received £50 2 from Mr. Maitlantl in one sum he has accounted for the above sum of £28 7 0. Ninthly, That Mr. Maitland does not appear in any ac- count to have charged the Race funds with £35, but that he admits that sums to have been paid by Major Magrath. Tcnlhly, That there appears due to Major Slagrath on his accounts as rendered bv him £31 12 9.. ■ 8 13 RESULT OF INVESTIGATION. That Major Magrath a his accounts with the Races for 1837, 1838, and 1839 is justified in chaiging against the Race funds in his hands in 1839 as follows : — Balance due Mr. Duggan on money advanced in 1837 and paid in 1 839 £35 Balance due Mr. Maitland in 1838 and paid in 1840, £8 6 6 That if Major Magrath's accounts as rendered are cor- rect, the Race funds owe him £31 12 2, but that if he re- ceived from Col. Fraser £28 7 6 in addition to what he credits in in account, the funds only owe him £348; that no over-charge has been made bv Mr. Maitland in his accounts, and that none appears to have been made by Major Magrath. Herewith are added — No. 1. Mr. Maitland's statement for 1837, shewing a debt due by the Club that year of £75, and the manner in which that debt was paid off. No. 2. His account for 1839. No. 3. Major Magrath's account for 1839. Signed by me, Mr. Stanton and Mr. Cameron dissenting, )ove C, and the 6 Toronto, Aug. 23, 1840. Wm. h. boulton. G ac- he on 14 * i ^11 ^1 RESULT OF INVESTIGATION. (Messrs. Stanton and Cameron.) Robert Stanton, Esq. named by Major Magrath,and John Cameron, Esq., named by William Boulton, Esq., having been requested, together with William Boulton, Esq., to examine certain accounts of the Toronto Turf Club, viz : — Mr. John Maitland*s account for the years 1837 & 1838. And Major Magrath's account for 1839. Mr. Boulton, Mr. Stanton, and Mr. Cameron have accord- ingly held meetings for the investigation of these accounts, and have had the parties before them. The accounts for 1837 & 1838, as stated by Mr. Mark- land in his note to Major Magrath of 30th April, 1840, to be his racing accounts for those years, and under his signature, are laid before us. On these accounts so rendered by Mr. Maitland for 1837 and 1838, we find as follows: — Thai they are unsupported in any of their items, by vouchers — That being so unsupported by vouchers, their contents have been assumed to be correct, unless any of the items are objected to, as questionable, or to be disallowed. That it appears in the year 1837 — That Mr. Maitland debits himself with the sum of £80 0. That the account for 1837 was not closed till some time in the year 1840, showing a balance in his hands of £5 0. That in Mr. Maitland's account for the year 1 838, this balance of £5 is duly brought forward by him to the cre- dit of the Race Fund ; and that in that account (1838) the debits and credits are continued by him to the close of that Race year, showing a balance in his favour of £8 G G. That in Mr. Markland's account for the year 1837, credit is taken by him for the sum of £35, as an amount paid to Geo. Duggan, Jr. Esq., which sum of £35, we find was not paid by Mr. Maitland, but subsequently advanced in 1839, by Major Maffrath, from his private funds, on account of, and to be re- funded to him from the then current race receipts of that year (1839.) That this payment of £35 not having been made by Mr. Maitland, is erroneously taken credit for by him, and should therefore be taken out of his account. 15 , That on takirii^ it (£35) out ot his account, tlicrc would appear for the years 18311 and 1838 the following result : — Debit Mr. Maitland for erroneous credit £ 35 Credit Mr. Maitland for balance shown on his account..... 8 6 6 Debit Mr. Maitland as due to the Race Fund cndingl838 £ 26 13 5 That on the statements of these accounts as produced before us, under Mr. Maitland's signature, deducting the er- roneous credit, we find — that in the year 1837 and 1838, Mr. Maitland would appear indebted to the Race Fund in the above sum of £26 13 6. time 0. this cre- the that redit Jeo. by [ajor re- hear That on the account submitted to us from Major Magratli, under his signatura for monies received and expended by him on accoont of the Races for the year 1839, we find — That the sum credited by him to have been re- ceived, as ** from John Maitland," is £50 2 6 That Major Magrath produces before us, iiis private cash book, containing general entries of receipt and expenditure, in which , appear, among many, the following entries, viz ; — June 29, 1839, "Cash from J. Mait- land, Races account £16 10 0" Aug. 13, 1839, "Cash fromCol.Fra- ser, Races account 28 7 6" Feb. 15, 1840, " Cash, Cummings Subscription, &c 5 5 0" 50 2 G That these items, so detailed, in Major Magrath's cash book, computed together, correspond exactly with the gross sum above stated (£50 2 6,) and that we do not find that any other, or further sum, corresponding in amount to the sum of £28 7 6 has been received by Major Magrath, from Col. Fra- scr, or from Mr. Maitland, or from any other person. That the said sum of £28 7 6 was received by Major Magrath from Col. Fraser, on the Colonels open check, not drawn in favour of any person, but " to bearer," cashed at the Farmers Bank on 13th August, 1839, and that Major Ma grath's letter of acknowlodgmcnt to Col. Fraser, of 11th Aug. 1839, purporting as it docs, to bo " for J, Maitland and V. Bu- 16 fCi chanan," form part of the said £50 2 6, and "is inclludecl as an item in the gross sum, credited as being received on the same account. That this item of debit in Major Magrath's account is correct, and includes in it the sum of £28 7 6, received from Col. Fraser. That the other items of debit in Major Magrath's account are satisfactorily detailed, amounting to the sum of £26 10 That the whole amount of monies received by Major Magrath, on account of Races for 1839, is. . . . £76 12 6 That the accounts and vouchers produced by Major Magrath for sums paid by him, and admitted items of currennt and ordi- nary expenditure, incidental to the Races of 1839, are in all respects clearly detailed and satisfactory, and that they amount in all to the sum of. £108 From which deducting the above amount receiv- ed by him 76 12 4 8 6 There remaihs due to him by the Race fund 1839 £31 12 2 That with the explanation afforded, it satisfactorily ap- pears that Major Magrath, has in good faith, and by the pro- duction of his private cash book, and of proper vouchers, duly accounted for all monies received and expended by him. Copies of the accounts as produced before us, are here- with interchanged to the parties. Signed by us, Mr. Boulton dissenting. Toronto, 22nd August, ROBERT STANTON. JOHN CAMERON. 1810. 17 n GQ 8 «> I'" CO 2 "'J IP 5 00 CI CO o o o o o GO » bo : ^ » .> OB Q3 S^ bi) 'n •o >» '•2 S-^ •** «* o 9 cS .» s o S (3 9 O s Q < •J kiii4 « «' co'a o . S fe _ S l^-O d O •son PSC9 n ^^ mm "3 «W *« •« "a a-o o'ja'H'fl n 1h 3S3od£ Ca t^ »^ ^^ fS ^H CD CQ CQ 00 CO 00 a> CQ n3 c CO u ooo M .us .»« 00 ^aS H Si « e .S CO J?: CQ K 3.2i g.S ^. «< ^ i4 bo •3H t« cs •« "■» ii 0) «J H^ QO J a< S 5 2^11 0} J5 -a -n fl^ ••5 3 '*" U c4 £ a a> I QL4 to o V p '■a (8 ''S S V3 o • 1(1 - •• m jj S.S S3 "S « P o5 o— S" ^2 5? O-O^rS 8 •-So.© 0"St35 • 5 0) S « § ® - -■ o a w s« .5 c o ■^ o s ►l-S • 5 ■ • "2 3 N S.*fe «« o « c •t ^ S? ^^ aJ M V< Rft3 «n 18 V 2 R «^ "O ^ U H "T-a 8 OD 'S •*« V u to u oj QD w MS "rf *™ tu) ft e CO s « S^^ QD ^ 2ft^ rO § ^ V V, "3 'ej: « « « tuo *» ^v "5; C iS V ■S-5a '^ "tS ^ tH a 14 u c o bA' .S « ^ o (£> o "•s M 00 >, i:2 ffl ^ in c 6 : o • • ! «' : 5 : Sr-^ :s > ti ley to is i| : ° ■ : »> Saddle. for do. "or adve lint till do. ster .: o^-^ a V o 0) A bo S c h O (S a 1^ E bO i ci,.tJ I 'h^na uu > S3 ♦3 Ou 2 a ca S J3 >• - d CJ Q) ■ ■ o o 00 HH a; o o o o o o o o o o o u,H HEiHt-e-iHE-' HE- o >» 2S a to ooo inoo o o oo o to OS ooco oo«> U-iC^CO CO s .§ •^CQ oant Que ; O c3 : ■ "3 i : 5 * : :«2 « 2* : : M L. ■go anoes fo inces to • X> »4 a '-gjc e : flti^ t S: M b. o v fl2 5: Q> O • S 3 to FQ « » 0) '^ "^ (^r?05*^«5 in M a 5 r? (^ Si (U ... .^ C (7J GC O W CM 1 rt -• .-* 1 S =>- H i CO i4 ived pers i M S O s^ >>■■* ■ 8 C^ rf : U g^o,: a T3 3 M f^ • u C5 02 c 00 rH CO 20 LETTER FROM C. VV. HEATH TO MAJOR MAGRATH; Sir, Toronto, August 23, 1840. My recollection of the conversation which took place on 27th June, 1840, bet /een Mr. Maitland and myself, you being present, on the subject of a pay- ment to you of £28 7 6, connected with the races of 1839 ; is, that on my coming into the room, Mr, Maitland said he had given me that sum, £28 7 6, to hand to you on account of the races. He never gave me any such sum at any time, and so I told him. — You then said, in Mr. Maitland's presence, why he has just said he gave it to me himself, and now says he handed it to you for me. I have the honor to be, Sir, Your obed't. humble serv't. To Major Magrath, C. W. HEATH, d^c. 62c. 6:c. RACE CORRESPONDENCE. ToRoifTo, 24th August, 1840; Sir,— A Pamphlet lately extensively circulated, as I believe, by Mr. John Maitland, containing assertions injurious to ray cha> racter, having been printed at " the Colonist Office," I am induced to request that you will, as an advertisement, insert this letter, together with the accompanying enclosures, (in the order in which they are numbered,) having received the assent of the gentlemen whom I addressed on the subject, to make such use as I might think proper of their replies, in your paper of Wednesday next ; in order that the public may have an opportunity of judging of the degree of eredit, which is to be attached to tho assertion made by Mr. Maitland respecting me, andwhether^ in this instancCf he has not evinced an utter disregard for the truth. 1 have the honour to be, Sir, Your obedient, humble servant, C. W. HEATH. Hugh Scobie, Esq, Editor British Colonist. r,-^,^ i 21 Copy of Correspondence between Lieut. Col Airey^ Mr. W. H. BouUon, and Mr. Heath. ' [No. 1.] Toronto, August 2l8t, 1840: Sib, — Having seen a publication signed by Mr. John Maitland, Secretary Turf Club, on matters connected with the Race Meeting 1839, &c., &c., &c., in which the following statement is made, ** I also asked Mr. Heath (having on a previous occasion reminded him,) if he took the saddle entrances at the June Meeting, 1839) they not being credited in Major Magrath's accounts ? he said he certainly did not." 1 request, that, as President of the Upper Canada Turf Club, and Lieut. Colonel in Her Majesty's service, to which I have the honour to belong, that you, presiding on that occasion, viz., the 24th July, will be kind enough to state what answer I gave on that occasion, and what explanation I made. For your information I enclose the publication alluded to, which you will please return. I have the honour to be. Sir, Your obedient, humble Servant, To Lieut. Col. Airey, * C. W. HEATH. Commanding 34th Regt. [No. 2.1 ToBVNTO, U. C. 22nd August, 1840. Sib, — In reply to your letter, dated yesterday, I beg to state that I have a perfect recollection of Mr. John Maitland having, at one of the meetings of the Stewards of the Toronto Races, either asked you whether you had not, or having taxed you with having received the entrance money for a saddle race, at the Meeting of 1839, which circumstance you, in my presence, at once and dis- tinctly admitted — saying at the same time, that from the weather haying been rainy, and your having had a *' Macintosh" on, that you had dropped the original entrances in attempting to put the money into your waistcoat pocket, and that you had then borrowed a like sum from Mr. James Mngrath, (if I remember right) and which you had paid to the winner of the race. Some person was then brought into the room by Mr. Maitland, when you immediately said, " That is not the man I paid the money to." I have the honour to be, Sir, Your very obedient, humble, Servant, RICHARD AIREY, C. Heath, Esq., Lieut. Colonel 34th Regiment. let Incorporated Dragoons. !i 22 [No. 3.] Toronto, August 21st, 1840. Sis, — Having seen a publication, signed by Mr. John Matt' land, Secretary Turf Club, on matters connected with the Race Meeting 1639,