The Sun. — London, England, 1862-04-24 00:00:00

THE NAVY. .).•ww•........ , 11 le Surveyor of the Prussian Navy has been on a Nisi .t to Chatham dockyard, by special permission of the Admiralty, for the purpose of inspecting the several factories and other departments of the establishment, as well as the ships under construc tion, Directions were received from the Admiralty to allow the Surveyor to make an examination of the, sailing frigate Terpsichore, 18, lying in the har bour. The object of the survey of that vessel has not transpired. In consequence of the decision of the Admiralty n of to proceed any further, for the present, in the construction of the various wooden vessels on the stacks at Chatham dockyard, the work of preparing and converting the timber at the steam saw-mills has been almost entirely suspended, most of the hands hitherto employed in that department being either transferred to other portions of the establish ment, or employed as labourers. Yesterday, in ac #oordance with orders to that effect, twelve pairs of sawyers were taken off work at the saw-mills and reduced to labourers, the option being given them to follow that occupation or leave the yard. The remainder of the artisans employed in that depart ment of the dockyard are put upon the ordinary working hours, instead of working on the 10 hours system as heretofore. Notice has also been given to several trerlail makers that their services will not be re►,luired after Monday next, on which day they wit ) . be discharged. The Zebra, 17 guns, screw steam sloop, 951 tons, - 200 horse power, Commander A. H. Hoskins, has been taken on trial of her engines at the measured mile at Sheerness. Owing to the vessel being two low at the head she returned to the port, where she is having her chain cable lockers removed to a part of the ship nearer the stern. As this alteration will not be completed for several days the Zebra will not proceed to her destination till the end of next week. Her Majesty's ship Mullet, 5, screw, 80 horse power, Commander Cortland H. Simpson, fitting at Sheerness ;:or service on the West Coast of Africa, was takrai on trial of her machinery at the mea sured mile off Maplin Sands on Tuesday. She made six tuns on the mile with full boiler power, with VAte most satisfactory results. She attained an aver 'age speed of nine knots per hour, with 96 revolu tions of her engines. Her draught of water forward was 10ft bin and aft 12ft 6in. She was also tried with half-boiler power, the results being equally satisfactory. The Mullet is now lying at the Little Nore, and will proceed on Friday next to Ports mouth on her passage to her station. The Imperial Russian screw frigate Oleg arrived at the Motherbank off Ryde yesterday from Gibral tar. The Victor Emmanuel screw liner, Capt. W. J. C. Clifford, C. 8., went into Portsmouth harbour yes terday morning from Spithead, to dismantle and pay off. During the day the cases of goods brought by the ship from Corfu for the International Exhi bition were landed and forwarded by railway to London to the care of Messrs. M. Cracken and Co. AdrAiral Norwich Duff died at his residence in Bath on Sunday night. He was one of the few sur 'giving officers who were engaged under Nelson at the Battle of Trafalgar. He entered the navy in June, 1806, as first class volunteer on board the Mars, 74, commanded by his father. After theßattle of Trafalgar he successively joined the Euryalus, 36, and Ajax, 74, and was on board the latter ship until her destruction off Tenedos, in February, 1807. Admiral (then Captain) Duff retired on half-pay in April, 1822. The following appointments were made yesterday at the Admiralty :—Lieuts. A. B. Hodgkinson and Charles S. P. Woodruffe to the Majestic ; Lieut. C. Lyon, to tb.e Pembroke, for service in the Coast guard; Lieut. F. Pyne to the Royal Adelaide; Lieut. W. R. Maxwell to the Excellent ; Lieut. H. Gold'an to the Trafalgar ; Lieut. R. P. Montray to thre Arrogant, for disposal ; Lieut. G. R. Heneage, to the Marlborough, for disposal ; Lieut. Henry R. Berners to the Narcissus, for disposal ; W. V. Bayly, naval cadet, to the Emerald ; T. S. Heywood, pay master; Fred. M. James, Edward W. New enham, Edward Cooks, George Liddell, Francis Carver, and H. G. Snowden, assistant-clerks to the Fisgard, for service in the department of the Accountant-Gene ral of the Navy. THE ARMY. The Secretary of State for War, Sir Geo. Cone wall Lewis, accompanied by Captain Caffin, R.N., C. 8., the Director of Stores, paid a visit yesterday to the Military Store Department at the Tower, and was conducted through the several storehouses b y the Military Store-officer in charge. His Royal Highness the Duke of Cambridge and FAO, consisting of the Quartermaster-General, Sir R. Airey, Adjutant-General, Col. Bingham, and the private secretary to his Royal Highness, paid an unexpected visit to Sheerness on Tuesday last. The party arrived at the Sheerness station by the train at 11 48 a.m., and were received by Col. Nedham, R.A., Commandant ; Col. Freeth, R,E., Command ing Chief Engineer ; Vice-Admiral W. J. Hope Johnstone, and other heads of departments. His Royal Highness proceeded to inspect the several batteries of Royal Artillery stationed at Sheerness, after which he examined the new works in progress at Xo. 1 bastion, and proceeded to the old barracks, which he inspected, as well as the new quarters for married men in course of completion, after which he inspected the soldiers' barracks, messes, &c. The troops were also exercised at the Armstrong guns from the batteries. His Royal Highness left Sheer ness by the 1 45 train. TILE LATE RAIL :r ' A 3' ACCIDENT A T' LYDAEY. Dr. Teague, one of the coroners for the county of Gloucester, held an inquest, on Monday and Tues day last, on the body of Mr, Samuel Bennett, tea merchant, of Ba'uh, who was accidentally killed by the engine of an express train on the South Wales Railway running off the line at Lydney, on Satur day last. The engine and tender turned upside down on the slope of the line on the up rail, and the driver and stoker were buried underneath and badly bruised, burnt, and scalded, while the driver also sustained the fracture of a rib. The train con sisted of three carriages, two of which were thrown across the down line, and one of them (that in which the deceased was sitting) came into violent collision with the corner of the goods shed, the side of the carriage was knocked away, and also the corner of the shed, and several of the passengers were thrown out on the line. The deceased was found on the ground, his head resting on the spoke Of one of the wheels, one of his legs was cut off, and there were two wounds on his head, from which the blood gushed out, but he was sensible. He was taken to the - waiting-room, where he soon afterwards ex pired. The deceased was an invalid, aged 58 or 59, an d had beau to Cardiff with his housekeeper for the benefit of 111 2 health, and was returning home tia Bath, via , Gi oce Etter, when the aceident happened. He comp lai ned! at the time of his departure from Cardiff, of the.sluk g of the train, which he con sidered excessive,i,:a at Newport he spoke to the w ho, to ca m guard, told him he would have no further cans© of —rant. Deceased spoke of changing to the first, demurred to the expense. Had. he chang e d fira riages his life would have been spar ed, as the 'auas carriage did not scarcely felt the leave the rails, and the passeng ers chafe s a v fg i e u t ". shock, the coupling where t 6 n broken. Within a few yards of the pl accident hap s, pened there are two wood bridge one er the Lydney canal, and another over . a tramway,lwa and a •second tramway y on a level at crosses the re,' the same place; and the main questionse"o"dered by the jury were whether the gradients bridges or the breaking of the front axlestottb:tehee engine caused the accident. Evidence wa7 , g iven that the engines of the express train “sprang when running over the bridges, but Mr. Gooch, locomotive su perintendent; Mr. 0 wen, engineer of the district,, no t connected with the company, gave satisfactot) and conclusive evidence as to the safety of the line, and showed that the occurrence was accidental. The guard, driver, and other witnesses also proved that there was no unusual shaking of the train be fore the accident. The jury returned a verdict of "Accidental death," accompanying their verdict with a recommendation that the company should improve their gradients near Lydney, and also take Pleasures to prevent apprehension by passengers of the safety et the express trains iu passing Lydney. LOSS OF 21-1 E STEAMER EUP.H.ROSY NE A letter from a passenger had been r2eeived in Liverpool, which gives some information with refe rence to the loss of this steamer, and we make the following extract from the communin.vion :—" We left Gibraltar on the 9th, with the wind ahead. On Sunday morning, the 13th, at 4 o'clock, we were off Cape Finisterre, with a strong head wind and heavy sea, and for the next four hours we did notmake any progress, but rather went backwards, and about 11 o'clock the captain resolved to make for Vigo, and take in some coal and start for Liverpool as soon as the weather should moderate. We arrived at Vigo in the evening, and having taken on board some coal, on Tuesday we left Vigo at noon. When we had got out to sea the wind began to increase, and the ship pitched a good deal. Abont 4 p.m., we were 25 or 30 miles from Vigo, and 10 miles from land, when the ship struck on a sunken rock. She struck three times, and the last time very heavily. After striking the first time she rose with the sea, and it is supposed that, had the sea been smoother, we should have passed over without feeling the rocks. She was now filling fast, and when the chief engi neer sprung out of his bed to stop the engine he was up to his knees in water. The captain gave orders to lower the boats as soon as possible; all was confu sion and excitement ; there was no time to be lost. We succeeded in launching the gig, pinnace, and jolly boat, which got away all right. There were still 24 of us left on board, and our endeavours were to lower the starboard lifeboat ; but this was a very difficult task, as the pulleys would not work, and the carpenter having gone off in another boat, we could not get the tools that were needed. At last, having found an axe, by great perseverance we knocked away one of the chocks, and succeeded in getting her into the water; and when all remain ing on the vessel had got into her, there was no room to spare. When we left the sea covered the decks, and swept over with great force. In three minutes after we saw the Euphrosyne go down head foremost, and not a vestige of her was to be seen. By keeping our holt right she rode the sea well. In about half-an-hour we saw a fishing-boat put off from the shore and pick up the pinnace, containing the captain and some of the passengers; and shortly after she picked up the lifeboat. The two boats:were for some time towed astern, with a man in each, but every now and then they rushed past us from the top of the wave and were in great danger of being knocked in. One broke her line and got adrift, with a man in her, and we had to put about and pick him up. After this it was thought better to let them both go. The wind was in our favour, and we arrived safe at Vigo about 12 at night. The rest of the crew and passengers, who had been picked up by another fishing-boat, arrived a short time before us, and we were all;glad to find that there was no one missing. The ship went down in 13 or 20 minutes after she struck, and no one except two or three of the sailors had saved anything except the clothes they had on. Some of the passengers were without shoes, or caps, or coats. We called upon the British con sul, and he succeeded in getting us all comfor tably housed for the night. He has been very kind in furnishing the crew with what clothes they needed. A screw steamer that had got half-way across the Bay of Biscay had to put back with her propeller broken, and ' arrived here yesterday. She is from Lisbon, and is to start for London on Saturday. There are 50 of us, including the crew and passengers, and it will be some time before we can all get away to England. We had on board five of the crew of the screw steamer Queen Victoria, which was wrecked about 90 miles from Alexandria, seven weeks ago. The chief officer, Mr. Carr, commanded the lifeboat. He had a very narrow escape, as he endeavoured to swim to one of the boats, which he found too far off. He managed to reach the ship again, which was fortunate both for him and us." THE PRINCE CONSORT MEMORIAL. Yesterday a meeting of the committee in the city of London engaged in raising a fund for a national memorial of the Prince Consort was held at the Mansion-house. There were present the Lord Mayor, Mr. Alderman Wilson, Mr. Alderman Salo mons, Mr. Charles Hill, Mr. James Spicer, Mr. William Humphery, Mr. George Godwin, the Rev. Michael Gibbs, Mr. Goodman, Mr. S. Brown. It was reported that the fund up to Tuesday evening amounted to nearly £47,000, of which more than £1,300 had been received within the last few days. A letter was read from Lord Lansdowne stating his readiness to serve on the general committee, His name was accordingly added to the committee, as was also that of Mr. Thackeray. A communica tion from Mr. Candlish, the Mayor of Sunderland, was read, to the effect that &public subscription was about to be set on foot in that town in aid of the fund. Other letters were read, showing that col lections were being made, or about to be made in various parts of the country. One of these was rather remarkable in its way, as affording an ex ample of what may be done by the subject of the memorial being mooted among the humbler classes in a judicious manner and by persons of known respectability. It was from Mr. Batson, churchwarden of Monkton Combe, Devon, ad dressed to the Lord Mayor, and enclosing £l7 Bs. 4d., the subscription of 275 of the inhabitants of that parish. He stated that Monkton Combe is essentially a poor parish, the great majority of the people being quarrymen, earning a somewhat precarious livelihood; that the chapelwarden and he called at every house in the parish, explaining the object of their visit, -and that they were prepared to take subscrip tions of one penny and upwards. He believed that never was any appeal made there with so favour able a result. A desire to show their gratitude to the Queen, a profound respect for the memory of Prince Consort, and a feeling of regret that they could not give more, seemed, he said, to pervade all classes. He added that his colleague and he never had a more grateful duty to perform, or one im pressing them more thoroughly with the real worth of their poorer neighbours. 1O 1 1 AL BOTANIC SOCIETY, REGENTS PARK, The fifth spring meeting of this society was held yesterday, in their garden in the Regent's-park. The fineness of the day attracted a very large at tendance, who appeared highly delighted, not only with the plants sent by the various nurserymen for exhibition, but with the dazzling appearance of the many large beds of early tulips, seen to perfec tion under the clear sky and bright sun. The Indian rhododendrons and Chinese azaleas in the conserva tory also received their share of admiration. The best idea of the exhibition itself may be formed from the following list of principal prizes awarded : —Six Pelargoniums.—Silver medal to Mr. J. Cross, gardener to Sir F. Goldsmid, St. John's-lodge, Re gent's-park; ditto, Mr. Turner, Slough, Bucks; small silver medal to Messrs. J. and J. Fraser, nur serymen, Leyton, Essex. Six British Ferns.— Bronze medal to Miss Clarkson, 40, Avenue-road, St. John's-wood ; small bronze medal to Mr. B. S. Williams, nurseryman, Holloway. 24 Pansies (cut blooms).—Bronze medal to Mr, J. James, gardener to Mr. W. F. Watson, Isleworth; small bronze medal to Mr. W. Bragg, nurseryman, Slough, Bucks. New and Rare Plants.—First class certifi cate of merit to Mr. Everest, Reading, for Genista Everestiana ; ditto to Mr. J. Standish, Bagshot, for Polygonatum sps., Japan ; ditto to Mr. W. Bull, nurseryman, Chelsea, for Woodwardia Orientalis. Second class certificate to Mr. J. Standish, nursery man, Bagshot, for Cyrtomium sps. ; ditto, for Den drobium sps, ; ditto to Mr. W. Bull, for Araucaria Bps. ; ditto, for Agave Filifera ; ditto, for Lomatia iqegantissima ; ditto, to Mr. J. Walker, Hunsdon, Rerts,_ for Pomaderis Discolor ; ditto to Messrs. Carte r and Co., for luchsia Meteor. Miscellaneous medal to Mr. B. S. Williams, for collection H on a, ilitrieous plants ; bronze to Messrs. E. G. anal di l tto f , t r t c r o an lle a ction of ditto; to m ems. y e as . er, for six miscellaneous plants; ditto bronze to Messrs Son, Harts, for three boxes of roses ; Turner, for 1 2 5.4 1 . 2 rosui in pots; ditto to Mr. C. eight azaleas; di tu . l.as - ; ditto to Mr. J. Cross, for 12 cinerarias ; ditto 1"; J. Dobson and Son, for W. Cutbush, for mis cellaneous plants. ; smaii ls 4 r _ rs • l to ditto for 15 hyacinths; ditto, f or medal 0 311-8 - ditto to Mr. J, James for 12 auricular. IHE SUN, LONDON, THURSDAY EVENING, 'APRIL 24, 1862. LAW INTELLIGENCE.—Apra 23. COURT OF COMMON PLEAS. KENNEDY V. BROITN.-THE SWINFEN CASE. This was a case which has already created a good deal of attention, the action being by a barrister against his client, to recover £20,000 upon an ac count stated between them in reference to services rendered in conducting proceedings at law and in equity with the view of establishing a title to the Swinfen estates; and as soon as it was known that the matter was about being brought before their lordships the court became crowded, principally counsel anxious to hear what would take place. Mr. Macaulay, Q,C. (with him Mr. Field), said that the case was tried at the last Warwick Assizes before Lord Chief Justice Cockburn, when the ver dict was for the plaintiff for £20,000, but his pre sent motion was for a rule calling upon the plaintiff to show cause why this verdict should not be set aside, and a nonsuit entered, and also why in the alternative there should not be a new trial upon the ground of misdirection, and that the verdict was against the weight of evidence. The plaintiff was a barrister of many years standing, and he brought this action against Mrs. Broun, who was formerly Mrs. Swinfen, claiming £20,000, and the only contract alleged was one upon an account stated. Mrs. Broun had been a party in a case ta: great celebrity—that of Swinfen v. Swinfen—which came into this court upon an application for an attachment to enforce an agreement of compromise made by her counsel for her. Mr. Kennedy's case was this—that he, being a barrister living at Birmingham, and having friends and relations in the county to which Mrs. Swinfen belonged, he, after the trial at Stafford, in March, 1856, became acquainted with her, that he met and conversed with her at a friend's house, and afterwards had a good deal of conversation with her at her own house upon the question whether the agreement entered into by her counsel was binding upon her or not ; that a few months after she wrote to him, stating that she had made up her mind to abide by the agreement and take the £l,OOO a year which was offered; and she invited Mr. Kennedy and his daughter to visit her at her house. This was in June or July, 1856. He said that he did not go himself, but he sent his daughter, and gave her an envelope addressed to Mrs. Swinfen, which con tained no letter, but had written in it the word " Pause." Upon that they came in correspondence again, and he diverted her from the compromise, and under his counsel she took steps to dispute the binding character of that agreement. Mr. Kennedy stated that he stipulated that if he came into the matter as her counsel he should have the entire car riage, conduct, and control of the whole of the pro ceedings, that he should have the appointment and displacement of attorneys, and the nomination of counsel, and that he should lead on all occasions where any other counsel was required in court besides himself. There was no document contain ing these terms, and the only document that threw any light upon the matter was a letter written a year afterwards by Mr. Kennedy to Mr. Simpson, Mrs. Swinfen's solicitor, at Lichfield. The state of things at that time was that the rule for an attachment had been argued and disposed of in November, 1856; in 1857 a bill was filed in equity toenforce the agreement, which cause was de cided by the end of 1857, and there was the trial at Stafford in May, 1858. The letter was written on the 15th Feb., 1858, and in it Mr. Kennedy, in allu sion to a statement, said that he did not know what it meant, as he had never asked for or mentioned anything about fees, except that he be lieved he told him at the outset that he undertook the case out of friendship for Mrs. Swinfen. It had, however, occurred to him, that if he did not receive fees in the ordinary manner, there might be a difficulty in getting them from the adversary if costs should be allowed. He concluded by saying that he certainly should return any fees to Mrs. Swinfen which were not allowed, but he did not desire to spare their opponent. Mrs. Swinfen's case watt, lhat'Mr: Kennedy entered into the mat ter without any terms as to money, and tegriitify his own ambition. Mr. Kennedy, in his evidence, went on to saythat, having undertaken the conduct of Mrs. Swinfen's litigation, she said to him, " You are going to do great things for me, and I am not able to remunerate you now, but I will do so here after." Upon which Mr. Kennedy said, "I am per fectly aware that I must wait." He went on to say that he conducted and managed the matter in its various stages, and that as it progressed the lady restated her intention of remunerating him largely whenever she should be in a situation to do so. Further, that when the second trial at Stafford ap proached, Mrs. Swinfen said that if he succeeded, it should be as good as £20,000 to him, and that after the verdict she said, "You have won your £20,000." Upon which he said, " There is a great deal more to be done; we have to opposed the ap plication for a new trial, and so on." Mr. Ken nedy also said that before the second trial at Stafford, a great deal took pities as to compro mising the suit with the heir-at-law, and that he advised Mrs. Swinfen to accept the estate for life, if she could get; but that she set her face against such an arrange ment, because she said that if she got it for life some member of the family would poison her. He suggested that if she got the estate for life she should remove to London, and should settle upon him an annuity, but nothing came of it. An unsuc cessful motion for a new trial was made in Chan cery, and the suit came to an end in March, 1859, and Mrs. Swinfen was placed in firm possession of the estate. Mr. Kennedy produced a vast number of letters written to him by Mrs. Swinfen, down to the latter end of March, 1859, at which point he said there was a gap in the correspondence; and un fortunately the gap occurred at the time that she was coming up to London in reference to the al leged statement of the account which was the sub ject of the action. Mr. Kennedy stated that he had destroyed these letters in a momentary fit of anger. There was one letter, or fragment of a letter, in reference to her intended arrival in London on the 24th April, in which there was this expression, "And I now only wait to know what it is for which you want me," he having, in his evidence, stated that he asked her to execute some security, in re spect of what he had done for her. He called upon her when she arrived in London, and then took place the conversation relied upon as constituting the account stated, and it was the most singular statement cf account that was ever presented to a jury. It consisted of one leading question put by the plaintiff to his own client, "Do you consider you owe me £20,000 ?" and the client saying, " Certainly, but you know I can't pay you.' To make the narrative perfect he must say that Mr. Kennedy's statement was, that having solicited her to come to London to execute the security he met her, and said, "Patience, you know what I have already told you by letter ; m 7 position is a perilous one ; I shall soon have expended my capital, and I think that you should give me security for what you I never asked you f or a promised me. You know writing to confirm your promise, but for the sake of my family . let me understand you. What do you mean to give me ? You mentioned several times £20,000. Do you consider you owe me that sum ?" She said, " Oh, yes. but you know I cannot pay at present." A mortgage was talked of, which she objected to; and she said, "I have left you the bulk of my estate." He said, "You know as well as I do that a will is no security;" and she said, "Be tween us it is," and she took his hand and asked why he looked so gloomy. And then she got up and said, " If we are going to the Zoological-gar dens there is no time to wait." In the gardens they sat down, and he said, " Now, Patience, would you mind give me by deed what you said you had given me by will ?" and she said, " I always meant it for you and your family. I offered it to Capt. Swin fen, and he refused it ; and now I give it to you." The learned counsel continued by saying that the statement which he had made was taken from the Chief Justice's summing up, and the learned judge went on to say that Mrs. Broun contradicted it in very positive terms. The only question which the judgewas, which of the two wit nesses the plaintiff or the defendant, left they t o believed,the as to the version given of that conversation; and he said that, supposing that the con versa ti on w hi c h th e plaintiff deposed to had taken place, whether that would give him a right to retain theverdict he would obtain was a question which need not be then dis cussed. Mr. Kennedy west, on to say that she wil lingly assented to give his: a deed of giftof the rever sion of the estate, and that he drew up such a deed, which she requested should be executed privately ; and further, that Mr. Colliss, a solicitor, a friend of Mr. Kennedy, whom he had introduced into the case as attorney for Mrs. Swinfen, should witness it. Mr. Kennedy went down the evening before, and on the morning of the 10th of May, 1859, the lady called at Mr. Colliss's office, found the deed already engrossed, and executed it. From that time Mrs. Swinfen and Mr. Kennedy continued upon the most intimate terms of friendship until September or October in last year, when a breach took place under circumstances which were peculiarly painful, and which attached to Mr. Kennedy an amount of opprobrium which it was distressing to think of as attaching to any human being. He had been in the habit of visiting at Mrs. Swinfen's constantly, and a good deal was said about the terms which really subsisted between them. 3e The Lord Chi e f j us ti ce —The cardin a l ques ti on was whether th ere was an account st a t e d upon which an action cou ld b e maintained, an d th ese details did not cogently bear upon that point. l‘ri largest eabe:eulil deduction But the question was raised who from whose credit there w as t o - m i scon duct. upon account of The Lord Chief Justice Admitted that this was so . wasb e th i tMbvyd—, supp ose d s them in a form of severity. They teok their risk. The sentence upon Thompson was four years' penal servitude, and upon Dawson, of whom so much was not known, two years hard labour. The Court would order a reward of £2 to the witness Wilson, which they thought as he had recovered the pro- perty, the prosecutors ought to increase. It was impossible to predicate what was relative and what was not when there was a conflict of credit between two persons. . . Mr. Macaulay—lt - was important also in this I way, that if the relation which Mr. Kennedy re presented existed, it was highly improbable that in the very heyday of immoral intercourse between them they should sit down upon a bench in the Zoological Gardens, and that he should say, " Patience, do you owe me £20,000 ?" and she should say, " Yes ; I do." He said that they were closely associated in the early part of the business, and that she used to sit at a table writing for him as amanuensis, and that on one occasion she said play fully, " If all other things fail, I can get my living as your clerk ;" and he said, "No; you shall be my sister." About six months after the date of this incident, a letter from Mrs. Swinfen began, "ai r y dear Ch ar l es ,—I think that this is an improper way, but as you insist upon it, as between brother and sister, I assent to it." Mr. Kennedy asserted in his libels that for two years they were living in an immoral manner ; and after this she wrote to him to say that she had contracted an engagement of marriage, and continued, " For all this, I still wish to remain your affectionate friend," and added, " Now don't throw yourself into a violent passion." It was impossible to convey to their lordships fully the sort of passion which Mr. Kennedy could fall into, but in one of his letters in reference to the compromise he said that it had become necessary to contend that the a greemen t was vo id f or illegality, that it must be shown that there was a conspiracy between the judge and the counsel, and that wit nesses should be g o t to s wear t o th e un f a irness of thejudge; that his mind was wound up to the most savage ferocity against the delinquents, whom he could utterly exterminate. There was another letter, in which he said that she was perfidious in contracting a marriage which would render his deed void, but saying nothing about the promise of X 20,000. A gentleman went to him from Mrs. Swinfen with a sort of general authority, and said, " Would £lO,OOO tempt you to part with the deed ?" but Mr. Kennedy would not be tempted, and the affair fell through. Soon after Mr. Kennedy pub lished handbills containing an advertisement of his intended pamphlet making imputations upon Mrs. Swinfen. The defendant swore most distinctly that `at no time was there any mention made by Mr. Kennedy of any remuneration to be paid to him, but that he acted with a view to forward himself in his profession, and from dislike to the persons concerned on the other side, and that down to the time this action was brought there was not a syllable said about £20,000 or any specific sum, but that the only time money was mentioned was when he complained of the ruined condition of a printing establishment with which he was connected, and she asked him to accept £2OO. With regard to the transaction of April, 1859, her version was that Mr. Kennedy spoke to her about his being in some difficulty or distress, and said that it would be a great thing for him if she would execute a deed to enable him to raise money, and that she might confide in him and de pend upon the deed being forthcoming. She said that she had perfect confidence in him, and she con sented to execute the deed, and there was this allu sion to the circumstance in a letter of hers two or three weeks afterwards, where she said, " I have ' proved that I have faith in you. I told you that in order to save you I would die for you if necessary ; that was not required, but what was required I have done." She swore that this referred to her confiding in his honour as to the deed to enable him to raise money, and she was not cross-examined upon that. Mr. Kennedy's version was that it had reference to the £20,000. The learned counsel sub mitted that even if the evidence of the plaintiff stood by itself, it did not lay the substratum for an "account stated," which meant a statement of ac count in reference to some antecedent legal liabi lity. There were a number of cases which showed that if the matter upon which an account stated rested was one in reference to which an action would not lie, then no action could be maintained upon the account. The exception to this rule was stated in the strongest way in "Cooking v. Ward"--" that an account may be stated concerning a matter where the plaintiff is without legal evidence in sup , port of his case," and not where the debt was not a legal debt. There were the cases of " Porter v. Cooper," 1 Cr. M. and R., 387, and "Le Mere v. Elliott," C. H. and N., 656. The Lord Chief Justice said it was not necessary to state those cases, for the rule of law was suffi ciently clear for the purposes of the day. Mr, Macaulay also referred to " Vetch v. Russell," 3 Q. 8., which was an action by a physician for fees. Mr Justice Willes thought that this had no ana logy to the present case. A counsel had exclusive privilege of appearance in certain courts, and as such a certain law was applicable to him. __ _ Mr. Macaulay—And every act of his would be illegal if not expressly legalised, for he was a main tainer of the suits he was engaged in. In the 2 In stitute, 563, it was stated that the statute against " maintenance " provided that no officer or other person should take upon himself the business of any suit ; but, added the author, "it may not be understood hereby that any person is forbid to have of pleaders or learned men in the law for their fee." He submitted further that there was no evidence to go to the jury of legal liability, and that there was misdirection in this, that his lordship si►nply asked the jury whether they believed the account given, whereas he should have asked them whether they were of opinion that the language used amounted to an actual contract for payment, or was it simply the language of a client promising a gift to counsel. He, in addition, submitted that the verdict was against the weight of evidence, for how could it be supposed that the defendant intended to make #her self liable for £20,000 upon an account stated, as well as for £20,000 upon the deed ? Rule granted upon all the points. MIDDLESEX SESSIONS, April 23. The April adjourned quarter sessions commenced this morning at the Court-house on Clerkenwell green. Mr. P. D. Hadow, Mr. L. Mackinnon, and Mr. J. F. Stanford qualified as magistrates by taking the usual oaths. The calendar contains the names of 83 prisoners for trial, 14 of whom are charged with misdemea nor, and the others with felony. The Assistant Judge delivered the charge to the grand jury. Samuel Johnson, 22, a soldier, was indicted for stealing from the person of Henry Drummond Wolff, a bag and other articles, the property of Arthur Otway, and an umbrella, the property of the said Henry Drummond Wolff. He pleaded guilty. Mr. Orridge, instructed by Mr. C, Richardson, appeared for the prosecution. The prosecutors were Mr: H. D. Wolff, secretary to the Lord High Commissioner of the lonian Islands, and Mr. A. Otway, a justice of the peace for this county, and formerly M.P. for Staf ford. These gentlemen were in Langham place, near All Souls' Church, about twelve at night on the 10th instant. Mr. Wolff was carrying a bag, and Mr. Otway a valise. Prisoner accosted them and% demanded some beer under a threat. They pushed him away, and he struck them with a stick and stole the bar , which M. Otway was carrying, and also Mr.e'Wolff's bag and um brella. The prisoner wan captured by a policeman in Burlington-gardens, and upon his person were found some valuable rings. Mr. Orridgo called the attention of the Court to this circumstance, one ring being mounted with tur quoise, one a brilliant, a signet, and another not of such value. The learned Judge sentenced the prisoner to four years' penal servitude, and directed a reward of £1 to be given to a cabman who was a witness in the case, and the cause mainly of the prisoner's appre hension. His lordship said he thought, and so did the gentlemen on the bench around him,`that the pub lic were indebted to Mr. Otway and Mr. Wolff for the way in which they had with a high moral courage brought such a dangerous character to justice. Charles Dawson, 21, described as a sailor, and Thomas Thompson, 28, a waterman, were indicted for stealing a bale of silk, value £285, the property of George Mark Spencer. Mr. J. E. Palmer prosecuted; Mr. G. Tayler de fended Thompson ; the other prisoner was not de fended, Two bales of silk, it appeared, were put on board a barge called the Industry, to be delivered to the Earl of Auckland steamer, for Rotterdam. They were sent from Butell and Hayward's, Philpot-lane. Robert Wilson said he lived at 2, James-street, West India-road. On the 29th of March, at half past ten at night, he saw Thompson get into a cab; there was another man inside. Knowing Thompson, and seeing a bale of silk on the cab, he said, " Tom, there's something wrong here," and stopped the cab. There was a third person in the cab. Thompson got out of the cab, which was he took the silk to the station mpson said it was Mr. Spencer's silk, and had come out of his lighter. Dawson was ono of the three. The cab by his direction, he then hou se d . riv T en ho off ; having overtaken it, was driven to the station, g ave and theT h bale up, who followed, said if he would up, they would take it where they got it from, the Custom-house-stairs. He refused, and the prisoners were charged, and the case was put in the hands of Dunnaway and Dyer of the H division. The prisoners were found guilty. His lordship said interests of the deepest cha racter wore involved in such eases as these, and those who were guilty of such offences must know that the punishment of the law must au upon POLICE INTELLIGENCE.-April 23. GUILDHALL.—EXTRAORDINARY CHARGE OF RAPE.—Jeremiah Whaley, a tailor, aged 23, was' charged before Alderman Gabriel with feloniously assaulting the prosecutrix, with intent. Ann Elizabeth Richardson, a very interesting and pretty young girl, who gave her evidence most ingeniously, said—l am eighteen years of age, and live now with my mother. I was brought up by m y g randmother in the country. I have no father. The prisoner we.P formerly a lodger of my mother's, and he has lately been ill the habit of coming to the house to see us. I have oniy known him about six weeks. On the night before last I went to bed about half-past eight o'clock, but my mother was not at home. My room door was not locked, because my mother had to come in after I had gone to bed, as she slept with me. I had been asleep some time when I was awoke by the prisoner, whom I found undressed and in bed with me. I had not been disturbed by his com ing into the room. I screamed, and resisted him as much as I could, but he completed his object, and immediately afterwards got out of bed, put on his, trousers, and carried the rest of his clothes out with him. I called to a young married woman who lives in the next room, and she came to my assist ance, and the prisoner swore at her and said he would serve her the same. She heard me scream from first to last, but she was afraid to come to my assistance at first. After the prisoner went away I went with Mrs. Wail into the next room, and afterwards we called out of the window to the night policeman. 1 did not go to bed again until my mother came home at seven o'clock in the morning. Mary Wall said—My husband is a fireman. I occupy the front room on the second floor, adjoin ing the room in which the last witness slept. I came home about 11 o'clock, and the prisoner opened the door for me and then went down stairs. A few minutes after I got into my room I heard some one come up stairs very quietly, and I im mediately locked my door. I thought I heard the handle of Mrs. Richardson's room door turned, but did not take much notice, as Mrs. Richardson often comes up after I have gone to bed. About 20 minutes afterwards I was disturbed by hearing an exclama tion from the next room, followed by screaming and a kind of groaning noise. I then heard the last witness call out my name, as though she was alarmed. I got up and struck a light but did not go until I heard the prisoner come out of her room and go out of the street door. Before leaving ho called out to me that if I interfered he would come into me. He said that because I was making a noise to alarm the people on the first floor. When I went into the room prosecutrix was standing on the bed, and she told me the prisoner had seduced her. I then opened the window, and told the policeman what had occurred. Samuel Owen, a professor of music, said—l occupy two rooms on the first floor in the house in question. On Monday night I heard a knocking at the street door which lasted about half an honr. That was about 11 o'clock, and when I opened the door a man came in, but I did not see who it was. I am satisfied that it was the prisoner, for 1 heard the last witness afterwards speaking to him. I ultimately heard screaming, and a voice say, " You have no right here. Yon are not my mother's hus band. I had late that evening seen the prisoner in conversation with Mrs. Richardson, whom, I believe he was desirous of marrying. Keziah Richardson said—l live at No. 12, Shaftes bury-glace, Aldersgate-street. lam a widow. I have two younger children, both of whom slept in the same room with me and my daughter Ann. The children slept in one bed and we in the other. The prisoner lodged with me about eight months when I lived at No. 24 in the same place, and he occasionally calls to see me. On Monday night I saw him about seven o'clock at my house, and we left to spend the evening together with a friend in Fell-street, Cripplegate. About half-past ten o'clock he left, and I asked him to call, and tell my daughter not to sit up for me, as I was act coming home, my friend having asked me to stay the night with her. I returned home about seven o'clock, when I found my daughter in Mrs. Wall's room, and was informed of what had taken place. Cross-examined—My daughter has never been absent from home at night. Prosecutrix re-called—The children were in bed asleep, and that was why I called out, and they woke up. Cross-examined—l slept at home on Sunday week fortnight. I have slept from home since I came from the country. I was away at Christmas, but not since lam certain. I was then with my aunt at the West-end. I did not leave home a fortnight ago, stop out all night, and return the next even ing. Re-examined—l came from Bridlington, in York , shire on the 29th of last October. Mrs. Richardson recalled—lt is about twelve months since the prisoner ceased to be a lodger of I mine. Dr. Childs said—The girl was brought to me last night by the police, and I examined her, and found unmistakable evidences of recent violation. Cortnell, 109 C, said—l took the prisoner into custody on this charge yesterday afternoon in Soho. On hearing the charge the prisoner said he knew nothing about it; it was only a drunken "spree." At the station he said he and the mother of the pro secutrix had been drinking together, and that she asked him to tell her daughter that she was not coming home. That he did call and got into bed, thinking it was the mother, and not the daughter that was in bed. Alderman Gabriel then cautioned the prisoner in the usual form, and upon his reserving his defence, committed him to Newgate for trial. MARYLEBONE.--Constan ce Wilson was placed at the bar for final examination on the charge of administering oil of vitrol to Sarah Cornell, with intent to murder. The former evidence in this case has already been given, from which, it may be recollected, the pri soner was charged with giving to the complainant oil of vitrol in a black draught. Mrs. Cornell was recalled, and said that when the prisoner called upon her on the 13th February she (witness) was in possession of £lO, and the prisoner was aware of it, as she had it ready for her rent. She was not, aware that the prisoner was keeping company with her husband. In reply to the magistrate, she said that when ever the prisoner visited her she was always taken ill after partaking of what the prisoner produced. Mr. Yardley committed her for trial. WORSHIP-STREET.---Yesterday Mr. Natha niel Chantrey was charged with shooting at his wife with intent to murder her. Mrs. Maria Chantrey said—l am the wife of the prisoner, who is a gentleman, and we reside on Tyssen-terrace, Ralston-lane, Hackney. Last night at a little before 10 o'clock be returned home very tipsy, and I reproached him for staying out, saying "It is very strange where you go to." He struck me upon the elbow, and exclaimed "I will shoot Sou ; I'll see you dead before morning." I left the room and went up to bed, and was standing for a short time at the side of the bed, when I was startled by the discharge of a gun, and some shots came through the window, breaking six panes of glass. They fell in the room. I opened the window and called loudly for the police, and while so doing I saw my husband in the garden with a gun in his hand. From the outside of the house a person could see me standing at the side of my bed, and the shot fell only about three yards from me. It is a small room, and at the time the gun was discharged I was standing certainly more than one yard from the window. My husband is in the habit of using dreadful language to me, and behaves so badly that I am weary of my life. Cross. examined—l am not in the habit of inces santly abusing him, nor did I taunt him by saying that he had some one else to go to. He is not accus tomed to fire in the garden to alarm thieves or de stroy cats. He is so illiberal that he has only allowed m e 10s. a week since the 13th of March, Eliza Utting—l am 14,and reside w ith my parents in Frederick-place, Upper Clapton. lam distantly related to Mrs. Chantrey, with whom I was staying last night when the prisoner came home. His wife and he had some conversation together, when she and I went upstairs. After I had got into bed, and she was standi ng a t th e s id e o f it, I heard the dis charge of a gun, and some shot came into the room through the window panes. She was then standing, I should think, about four yards from the window. I had heard the prisoner say before we went up that she sh ou ld not be alive in the morning. Foden, 177 N—About 10 last night I heard loud screams in Dalston-lane, and, on hastening to the prosecutrix's house, I saw her at the window. In consequence of what she said to me I went into the ba c k garden, and there I heard a voice, with an oath, threaten to blow: my brains out. I went to the place where the voice seemed to come from, and there found the prisoner with the gun I', produce in his hand. I asked him for it, but he refused to give it up. We had a sharp struggle for the possession of it, and on my getting hold of it he said," I wish there was another charge in it, and we'd see who'd have it, you or I got the gun from hi m , and took him and the piece to the station. There I told him the charge against him, and he said that the reason he had discharged the picot) SPORTING II'yLJLLzG•ENCE. NEWMARKET CRAVEN MEETING—WEDNESDAY. After a partial settling on Tuesday'''s racing had been effected, the company, which showed but little diminution from the previous day, moved towards the lleoth. There at 12 o'clock two numbers were put up for a match, which was not run. Sunshine and rain, accompanied by gusts of wind, came on alternately between the next six races, and con tinued to render people uncomfortable until past 3 o'clock. The Derby Trial Stakes then created a vast deal of interest on account of the high character given to Ensign, and his trial with older horses was expected to enlighten the public in regard to his real merit. Asteroid defeated himeasily, but his position in the Derby betting was but little altered in consequence of it, for he ran like a very game horse, and showed staying qualities. The Column Stakes were won by a horse not engaged in the Derby, and the last race of the day was run just in time for the jockeys to escape being drenched by a dreadful heavy shower, which drove the as sembled company very quickly into the town a few minutes before 5. Match, T.M.M., 300 sovs, 50ft. Mr. Marshall's Newstead, 6 yrs, Bst 91b, received. Count Batthyany's Loiterer, 5 yrs, Bst 131 b, paid. Plate of 50 sovs for 2-yr-olds ; sons, Bst 71b; fillies, Bst 31b. Winners extra. First half of Ab. M. Lord Stamford's Livingstone, 9st (in. 71b ex) (A. Edwards) 1 Baron Rothschild's Battery, Bst 31 b (E. Sharpe) 2 Mr. T. Taylor's Gentle Kitty colt, Bst 71b (W. Bottom) 3 The following also ran :—Star and Garter, Epirus colt, Alice, Fantastic, De Courcey, and Oscar. Betting-3 to lon Livingstone, 6to 1 agst Battery, and 10 to 1 agst any other. Some considerable time was lost at the post, occasioned through several of the riders being too anxious to get away. When the flag was lowered the lot left the starter nearly in a line. The favourite, lying on the lower side, made the running, followed by Fantastic, Star and Garter, and Bat tery, the latter running wide on the whip hand, with the others close up. On entering the cords Livingstone increased his lead, Fantastic and Star and Garter at the same time giving way to Battery and Gentle Kitty colt, who were unable to reach Lord Stamford's colt, who won in a canter by three lengths ; a head between the second and third. Fantastic was fourth, and Star and Garter next. Handicap Sweepstakes of 10 sous each, for 3-yr•olds and . _ maintained to . the end, and won a good race by a :neck, was that he thought some thieves were abovat the length . Sep crating the second and third ; the others beaten premises. I went back afterwards to the h ouse, and found six panes of glass broken in one of the away. stale Rs bf 25 G windows, and in the room belonging to that wi.'l- S w ‘ e \ e - P i c , la t s for coos each, 10 ft ; 3-yr-oids and upwards. dow I found the shot I now produce. (The witness‘z ' e ,'' 2 with optional selling weghts. Last here exhibited some small shot, wrapped up in of the Forest, aged, Oat , (Walters) 1 piper.) fir. W. o.licAebls.ol‘nl,as.ge7, King Mr. R. Ten Broeck's Queen Elizabeth, 5 yrs (4100),75t 21b Gray, 253 N—l heard the report of firearms and - (Bench) 2 cries for the police, and on getting up to the house Lo 'rd Stamford's Ballerino, 3 yrs (L 100), t7st 51(, saw the prisoner coming out from between some A. Ea l wards) 3 trees. I heard him swear at the last w itness, and Be tang-5 to 4 agst Queen Elizabeth, and 6 to 4 a g st saw the struggle between' them on his refusal to give King g cL f . the F the Forest, with Queen Elizabeth at his side, of orest. up the piece. Mr. Heritage, for the defence , said t hat, as he wastinning, Ballerino lying off. In this way they instructed, the prosecutrix was a lady of the most made The Zl,l, ran into the lords, when the favourite got to his head, but aggravating temper. She was consta ntl y reproach- w as beaten ai k ter a find race home by a head, Ballerino ing and exciting her husband for no cause at all, was a bad thin, 1 • k claimed the King of the Forest. and to such a length had she carried this system of provocation that she had ei.4Mr. Ten Brocc. ied to a Nitateh) of 50 sous each, h ft, for her two or three times Sweepstakes (reduk. lodged complaints against him ....' t the station for as- 3 . yr . o idOnes, Bst 71b each. T.Y.C. saults he had not committed, and bu.. +. No race. of the inspector on duty there, who de:(dined to fer the prudence - - ac cept her charges, his client would certainly have been in cusknly before. He was assured that there :w; e grounds whatever for this charge, as the who al was s no the result of the merest accident. His client waLl in the habit of discharging his fowling-piece in the grounds, to warn thieves and frighten cats, and while going round the garden, which was 160 ft. in length, 1 to see that all was secure, he fancied he distinctly heard a strange noise, which induced him to go into the house for the gun. He then discharged it, but he did not level it at the window ; he fired it so that the shot should go over the house top. Instead of that, however, it seemed to have recoiled and gone through the window, and the lady had at once attributed to him the wholly unfounded motive of a wish to fire at her. He trusted, under these cir cumstances, that if the magistrate felt the case should go any further, he would consent to accept bail for his client, which could be found for almost any amount. Mr. Leigh could not ignore the fact of the threat the prisoner had made towards his wife, followed by the discharge of the piece, the breaking the panes of glass, and the entrance of the shot into the room, and he should therefore send the prisoner for trial at the next sessions of the Central Criminal Court, and should decline to accept bail. LATEST BET TING. TWO THOUSANP m T INEAS. 100 to 15 agst Alvediston 7to 1 agst Caterer 7to 1 agst Marquis 100 to 7 agst Nottingham 100 to 6 agst Wingrave 20 to 1 agst Buckenham 1 0, 1 to 30 agst Laughing Stock CHESTER CUP. 9to 1 agst Zodiac 14 to I agst Fairwatcr 25 to 1 agst St,:unpeda 25 to 1 agst Wild IZ , ose. 25 to 1 agst Simla 30 to 1 agst Oappho 100 to 1 agst ChCre Arnie 100 to 1 agst THE DERBY. 14 to 1 agst Ensign 1000 to 70 agst Sir J. llawley's 10t STATE OF TRADE. LEWESTER, April 23.—There has not beon much doing this week (chiefly on account of the Easter holidays) in th e warehouses. The demand for most classes of hosiery goods is by no means active; but the weather having become more season able, more business is expected to be dove. In the country dis tricts there is not m uch change, but more activity is anticipated. Wools are less . steady, and are not much in request. Yarns are flrot and dear, NOTTINGL(AM, April 23d.—There has not. been much doing i'his week in the lace trade., There is no change in ite class of goods in demand, and the openness and rahldness of the weather are in favour of increased bu sin .ass being done. There is.a good . business doing in a .otton quilting. The demand for and future prospects s a i r l e k e g e o e o e d e s r a c g o i n e t o i . n ut 's active , I . l he home trade is as active as for some time past, b ut there is hardly as much doing for abroad. Stock -s are very low. In hosiery there is little, if any imp. rovement, and manufac turers are exercising the I, reatest caution in pro ducing goods. COUN2.RY E-t, ...... ------- NEWCASTLE-ON-TYNE—APVIL 22. The supply of wheat was limited, and the (I,lmand ruled quiet, few sales being made. Other articles shCwed consi derable steadiness, and late prices were maintained, BOSTON—APRIL 23. At our mArket to-day there was a fair attendance of dealers, and a tolerable inquiry for wheat took plaice. 6'ales were made at last weak's rates. Barley scarce with a firm trade, at former currencies. Oats steady, and beans Nvere at an advance. HULL—APRIL 22. The wheat trade has been very firm since our last. The arrivals are larger than of late, and coroist chiefly of par cels brought per steamer from the Baltic and Elbe ; also a couple of cargoes from Alexandria. The uip9rt of barley is only moderate, and nearly all the beans are trom Egypt. At to-day's market there was a very small supply of English wheat, which sold at late rates ; best son: ls over late prices. Foreign sorts are in goo d re q uest, at the ex treme rates of last week. Barley scarce, and in request. Beans and peas at last week's quotations. Oats moved off freely, at former prices. Wheat....old white...4er qr. . s4s Od to 584 od , Old red New white .. ~ New red .... ~ . Dantzic, Konb , &c. jld white 56s Od to 62s Odi Dutch, Belgian, and French. 58s Od to 62s Od Baltic and Hamburg, red . ~ sBs Od to 59s Od St. Petersburg and Riga, old sos Od to 52s Od Barley.... English malting 345 Od to 37s Od Grinding c , lls Od to 33s Od Saal and Oderbruck Holstein and Danish 34a Od to 36s Od Grinding 3OO Od to 31s Od Oats English, old Archangel and Riga, per st osl2/L1 to 13d Friesland and Dutch osl3d b.) osl3id Swedish and Danish osl23d tk? o s l3 d Beans ....English, old, per qr . ' New pigeon New tick. 4os s s s 0 0 0 di ttt to 42s 4, 4 4 s2 B o s t: ( ? ) d d d. Egyptian 3Bs Od to 40s OA Peas Foreign breakers ; 36s Od to 38s 0c Grinding Tares ....Spring Indian Corn # 3ss Od to 36s d Linseed, feeding s2s Od to 56s Od .... crushing Linseed cakes (Hull) SO 15 oto SO 0 0 Foreign Bl5 oto 910 0 Rape cakes 0 0 oto 6 10. 0 Bones if 5 oto 510 0 SALISBURY—Arnm 22. At to-day's market wheat was in moderate supply, but in much better condition. An average attendance, and a brisk sale at an improvement of is per qr in value• Oats, beans, and peas at fully last week's prices. BaTley In fair demand at late rates. COAL Al (rem of Coal per Ton sr ARKET. the close of the market Walls: End. s. dr Cassop l6 6 Hartlepool.. l7 0 Caradoc South Hart1ep001......15 9 Heugh Hall 16 0 Trimdon Hartlepool l6 9 Hetton • . l7 6 South Hetton 17 3 Trimdon Thornley 14 6 6 South Kelloe. 16 6 Whitworth 15 3 16 6 . Stewart's. Braddylraßeetton 16 ;, 64 ; sold. 37. s. d. Hastings Hartley l5 6 Tanfield Moor 12 6 Tanfield Moor Butes 12 6 Eden Main l5 6 Wylam 16 0 Sleekburn West Hart _ ley l5 3 Carway and Duffryn ' Malting 24 0 Do. Anthracite ~ 21 6 upwards. D.M. 9 subs. Mr. Payne's Voltella, 4 yrs, 7st 121 b Lord Strathmore's Sage, 4 yrs, 7st.. • (J. Covey) 2 Col. Towneley's Whitendale, 3 yrs, sst 121 b .. (Carroll) 3 Mr. Savile's Parmesan, 5 yrs, Bst 121 b ....(T, Aldcroft) 4 Baron Rothsclaild's Mahala, 3 yrs, 6st 71b (J. Daley) 5 Betting-5 to 2 agst Voltella, 3to 1 agst Mahala, and 4 to 1 each agst Parmesan and the Sage. Whitendale jumped away with a slight lead, closely fol lowed by Voltella, Sage, and Parmesan to the entrance of the cords, where ho was headed by the Sage and Voltella, the former having a slight lead, which he retained to within a Tew strides of home, when Drew brought out Mr. Payne's filly, and won, after a fine finish, by a head ; a bad third ; the others were pulled up, and trotted past the post as placed. Free Handicap of 25 sous each, 10 ft, for 3-yr-olds ; win ners extra. AM, 4 subs. The highest weight accept- ing, being 7st 21b, it was raised to Sst 121 b, and the others in proportion. Mr. Hodgman'e Sagittarius, Bst 21b...... (G. Fordham) 1 Lord Glasgow's Flutter colt, Bst 31b.. (W. Bottom) 2 Betting—Even betting, the Flutter colt for choice. The pair ran abreast to the entrance of the cords, where Sagitta rius came out and won by a length. Sweepstakes of 50 sovs each, h ft, for 3-yr-old fillies, Bst 71b each. T.Y.C. 5 subs. Mr. Ten Broeck's Queen Elizabeth, Bst 71b (G Fordham) 1 Lord Glasgow's Coalition filly, Bst 71b (Aldcroft) 2 Mr. Payne's Merry Maid, Bst 71b Betting—Even on Queen Elizabeth, and 7 to 4 agst the Coalition filly. This race was run in a violent storm of wind and rain. The favourite, lying in the centre, made all the running, and won in a canter by three lengths. The Coalition filly, who passed Merry Maid half way in the cords, defeated the latter by a like distance for third. Sweepstakes of 50 sovs each, h ft. T.Y.C. 4 subs. Mr. Payne's Bandage, 3 yrs, Bst 71b Lord Uxbridge's Dunoon, 3 yrs, Bst 71b (Rogers) 2 Betting-11 to 10 on Bandage. The pair started in close company, and run so to within a few strides of the chair, when Bandage obtained a slight advantage, and won by half a length. Subscription Plate of 50 Boys, for 3-yr-olds and upwards. Weight for age. T.Y.C, Baron Rothschild's King of Diamonds, Bst 121 b (Wells) 1 Lord Stamford's Blackcock, 3 yrs, 7st 21b.... (Edwards) 2 Capt. Coates's Conqueror, 4 yrs, Bst 71b.. ..(Fordham) 3 Mr. G. Bryan's Waterwitch, 4 yrs, Bst 71b.... (Lynch) 4 111 r. J. Osborne's Lord Albert, 3 yrs, 7st 21b.. (Carroll) 5 Mr. Rogers's Grisette, 3 yrs, 7st 21b........ (Daley) 6 Betting-5 to 2 agst Blaekcock, 10 t o 3 agst King of Diamonds, :4 to 1 agst Conqueror, and 5 to 1 each agst Grisette and Waterwitch. King of Diamonds, on the upper ground, jumped off with the running, which he held for the first 200 yards, when he wag headed by Blackeock and Waterwitch, who came on together to the entrance into the cords, when the King of Diamonds came out, and won very cleverly by half a length, three lengths separating the second and third. Sweepstakes of 10 sovs each, for 3-yr-olds and upwards. Weights for age. The winner to be sold for £lOO if de- manded, &c. T.Y.C. 5 subs. Lord W. Powlett's Satellite, 6 yrs (Rogers) 1 Mr. T. Hughes's Lapidist, 3 yrs Mr. R. Boyce's Confectioner. 5 yrs Coulon and Misfire also ran. Betting-5 to 2 each agst Misfire and Satellite, and 4to 1 agst Lapidist. Lapidist, in company with Satellite, made the running into the cords, where the latter headed him, and won by half a length. Confectioner finished a bad third. Satellite was claimed by Mr. Hughes. The Derby Trial Stakes of 50 sovs each, h ft, with 100 added; for 3 and 4 yr-olds ;f3-yr-olds to carry 7st, 4-yr olclq Bst 101 b; f and g allowed 51b; winners extra, with maiden allowances. Last mile and half of B.C. 30 subs. Sir J. Hawley's Asteroid, 4 yrs, Bst 101 b (Wells) 1 Duke of Beaufort's The Roe, 4 yrs, 7st 91b (G. Fordham) 2 Lord Stamford's Ensign, 3 yrs, 7st .. (A. Edwards) 3 Royallieu, Gabrielle d'Estrees, Tho Knave, and Win grave also ran. Betting-5 to 2 agst Asteroid, 7to 1 agst Tho Roe, sto 1 each agst Ensign and Royallieu, 11 to 2 agst Tho Knave, and 100 to 15 agst Wingravo. After one mistake the flag was lowered to an admirable start. Asteroid, on the far s ide, des p ite h is wei g ht, jumped off in front, and cut out the work at a good pace, closely fol lowed by Tho Roe , Gabri e l le d'Estrees, The Knave, and E ns i gn , Royallieu and Wingrave bringing up the rea r , i n w hi c h order they ran past the New Stand; but shortly 1 a ft er making for the hill G a b r i e lle d'Estrees dropped back, and Ensign, in company with Wi ng rave and M r . M erry ' s colt, drew toward s th e leaders. passing the sit e o f the Old Duke's Stand, Wingravo began to tire, and shortly after was beaten. Royallieu at the same time, coming upon the lower side, joined Ensign, the pair running nearly abreast into the cords, where The Knave beat a retreat, and Aste- roid, at the same time increasing his lead, soon had all his lengthhorses i n an easy winner by a the second and third. dista a n n e d e s c e a p n a te ra re ti d ng Royallieu was a bad fourth) The Knave fifth Wingravo sixth, and Gabrielle d'Estrees last, beaten off along way. ;alike i 1l trouble, The Column Stakes of 50 sous each, h ft, for 3-yr-old colts Bst 71b, and fillies Bst 41b. R.M. 14 subs. Mr. IL Savile's Buckenham (31b), Bst 41b...... (Goater) 1 Mr. Bowes's Welcome (51b), Bst 21b (Fordham) 2 Lprd Stamfo rd's TisiPhone (31b), Bst lib (Edwards) 3 Lorelei, Crochet colt, Costa, and Harlequin also ran. Betting-6 to 2 agst Welcome, 3to 1 agst Buckenham, 5 to 1 agst Lorelei, and 6 to 1 agst Tisiphone. The Crochet colt made the running to the Bu,shes-bill, \viler° he was headed by the favourite, Buckenham, and Tisiphone, the three coming on in close company into the bettOul, where Buckenham obtained a slight load, which }le Walls End. R elloe Riddell ..14 6 Ships at market, FOREIGN MAIL PACKET LISZ MAILS DUE. Australia and Mauritius, via Southampton. May 19.,. via Marseilles May 13. ...irazil and Cape Verds, by British packet. May 4.. Cape of Good Hope, Ascension, and St. Helena May 3. China, Penang, and Singapore, via Southampton May 2. via Marseilles April 27. Falkland Islands May 4. Gibraltar, via Southampton April 25. India (Calcutta), and Ceylon, via Southampton May 2 . -- via Marseilles April 27. India (Bombay), via Southampton via Marseilles May 5. Lisbon April 21. Malta, Egypt, and Aden, via Southampton April 25- - via Marseilles April 27. Newfoundland Oporto and Vigo U. S. and British N. America, Ly Brit. packet April 24. by U.S. packet by Canadian packet April 23. W.C. of Africa, Madeira, and Teneriffe May 10. Bahamas, via New York May 8. Mexico.. All California, arsaned British stlndies, Cinoclluumdibniga.. Chili, Peru, I April 28. BIRTHS. the 22d inst., at La nar k H ouse, L owe r the wife of Henry B ar l ow, E sq., of a daug h- BAcltiaLpOtloV.—:°il ter the.BOn the 22d in s t., a t E as t B r id g f or d, N o tts, w ife of George Beau mon t, j un ,, o f a son . Qum —On Easter day, at Torquay, Mrs, Richard Quin, of a daughter. SALMON.—On the 20th inst., at Bilton, near Rugby, the wife of the Rev. T. Samon, of a sm. MARRIAGES. ALGER —BLIGIL—On the 22d inst., at St. George's, Han over-square, Edwin Henry Alger, Esq., of Windsor, to Frances, youngest daughter of James Bligh, Esq., of Canterbury, Kent. _ _ WESTERTON:-MENRICK.---On the 22d inst., at their Dis trict Church, Charles Westerton, of 27, St. George's place, Hyde-park-corner, to Elizabeth, second daughter of Edward Stanton Meyrick, Esq., of Pimlico, and Pres teign, Radnorshire. DEATHS. CowELL,—On the 22d inst,, at Canterbury, John Cowell, aged 43. DAVENPORT.—On Good-Friday, at Foxley, Hereford, .Tehn Davenport, Esq., of Foxley, and of W at wood Hall, Stat . - fordshire, aged 63. FISHER.—On the 22d ins -., at Hyde-park-quare, the Rev. Samuel Fisher, incumbent of Hope , Staffordshire. PALMIER.—On the 23d inst., at Camberwell, Edwd. Palmer, Esq., of 128, High-street, Southwark, aged 64, RUSPINI.—At Upwell, Cambridge shire, R obert Clayton Ruspini, Esq,, only surviving son of th e first Chevalier , for Macclesfield, aged 78. Ruspini, of Pall-mall, aged 76. Rytk.—On the 22d inst., at 11, Stanley-place, L earn ing.• ton, very suddenly, Joh Kyle , Es q ° t Anglesey, near sr G A o iN sp .— ort o , n fo t r h m e er 2 , a t Hartwell Asylum, Mr. Joah. Spain, late of 62, Fenchurch-street, ag e d 37. formerly hbiL L oJOHN CHp:LIN, of D N o o. 2 :Printed n d l'it E S UN Office, I. 112, Strand, in the P reeinct of th e Savoy, in the County of i'huroduY) April 24, NN 1, Strand, Printer,l- ub i h at ed , by A 1862, ' o l'4 Po COI EVE MIT Vil doc Or the Out an seri -C s fror Mei terc ......... sha Cx( rat Cab Or pu: ani ing _ • alit St. an wB alb Se tic in( So nil