The Sun. — London, England, 1859-06-04 00:00:00

LAW INT.ELLIGENE—June 3. EQUITY COURT. (Before Vice-Chancellor Sir W. P. Wood.) INGRAM V. STIFF.-" THE DAILY LONDON JOTTRNAL." Mr. Rolt (with whom was Mr. Speed) moved for an injunction to restrain the defendant Stiff from printing, publishing or selling a n y news p aper or other periodical under the name of the Dady Lon don Journal, or under any name or style of which the words " London Journal" should form a part, and from doing or co mmittingany . act or default that might tend to lesse n or diminish the sale or circulation of the plaintiff Ingram's periodical called the London Journal. The learned' counsel stated that Mr. Ingram, in September, 1857, bought of the defendant the copyright of the London Journal, then the property of the defendant, for the sum of £20,000. That sale was duly com pleted and the assignment of the property regis tered. As a part of the transaction the defend a nt Stiff covenanted that he " would not directly, or indirectly, alone, or in partnership with any other persons, engage himself or be concerned in bring ing out or publishing any weekly periodical of a nature similar to the London Journal, selling 'at one penny per copy, or commit any act or default that might tend to lessen or diminish the sale or circulation of the said periodical, or the profit to be derived by the plaintiff from the printing or publishino. thereof." The London Jo urnal was published' until the spring of last year at Mr. Stiff's office, notwithstanding the assignment ; but at the period just mentioned the publishing depart ment was transferred to the plaintiff's office, which is on the opposite side of the Strand to Mr. Stiff's. It was a matter of complaint on the part of the plaintiff that some time since the defendant com menced a penny periodical called the Guide, similar in form to the London Journal. Respecting this an action had been brought at law. On the let June the defendant, had, however, commenced the publication of another penny periodical called the Daily London Journal. This was the periodical the publication of which it was now sought to re strain. It was asserted that the insertion of the word " Daily" was merely a colourable alteration of title such as the public would be likely to overlook. In support of this proof was given that letters intended for the defendant's paper had been delivered at the office of the plaintiff's journal. Mr. Edwin James and Mr. De Gex, for the de fendant, contended that there was not any violation of the covenant. That which was complained of was a penny paper, not what was properly under stood by a periodical, Nobody who saw the broad sheet of the Daily London Journal could suppose that it was the illustrated periodical which was the property of the plaintiff. The two things were entirely distinct ; hence there was no violation of the covenant, and no case for an injunction. The Vice-Chancellor said that the plaintiff rested his case on fraud, by which the defendant could not be allowed to benefit after having received no less than £20,000 for the sale of his journal. The work sold differed in its name by one word only from that against which an injunction is now asked. Why did the defendant select that particular name when setting up a penny newspaper ? The evidence showed that already persons had addressed letters to the plaintiff's office, using a wrong name, and meaning to address themselves to the defendant's place of business. The defendant could not com plain of hardship, for he had brought it upon him self by his own conduct. He had been guilty of that which justified the court in g ranting the motion in the terms asked. The Court did not think that this was a case in which the plaintiff should be put upon any terms as to damages. The rule as to damages did not apply to cases where there had clearly been gross fraud. (Before the Lords Justices of Appeal.) IN GRAM V. STIFF.-THE " DAILY LONDON JOURNAL." The plaintiff in this case was the proprietor and publisher of a weekly publication called the London Journal and Weekly _Record of Literature, Science, and Art ; the contents of which were, not the news of the week, but tales, novels, and articles of a literary and scientific character. The copyright of this publication, after it had been in existence 14 years, in the course of which the work itself had obtained a very large circulation, was sold by the defendant, the original proprietor, to the plaintiff in 1857, for £20,000. The printing of the work was continued from the time of the sale at the defendant's office, No. 334, Strand, till April, 1858, when it was removed to the plaintiff's office at 140, Strand. Soon after this defendant became the pub lisher, at 334, Strand, of a new work, issued weekly, and entitled The Guide to Literature, which was alleged by the plaintiff to be, in all but its name, a fraudulent imitation of the publication of which the plaintiff had purchased the copyright. The defendant, not satisfied with this, had also com menced issuing the Ist of the present month, a daily newspaper bearing the title of the Daily London Journal. Upon an application before Vice. Chancellor Wood made this morning, the plaintiff obtained an injunction restrainingr the defendant from printing, publishing, or selling the journal bearing the title of the Daily London Journal, or any other journal of the title to which the words " London Journal" should form part. The ground of the Vice-Chancellor's order was, that in his opinion, the use by the defendant of the title in question was fraudulent and improper as against the plaintiff, and an infringement of the copyright which the defendant had sold to him. _ _ _ From this order the defendant now appealed by motion to discharge the Vice-Chancellor's order. Mr. W. M. James, Q.C., and Mr. De Gex, ap peared in support of the appeal ; and Mr. Rolt, Q.C., and Mr. Speed, contra. The Lord Justice Knight Bruce said that consi dering the sale by the defendant to the plaintiff in 1857, and the covenants then entered into by the defendant, hethought the title Daily London Journal adopted for the publication, though a daily one, which the defendant had commenced on the Ist of the present month, was too suspicious to allow of the dissolution of the injunction granted by the Vice-Chancellor. At the same time he thought the case in one sense might be open to doubt, and it would therefore bebut reasonable that there should be an undertaking given by the plaintiff, and that the injunction should be continued, the plaintiff undertaking, in the event of its dissolution or mo dification, to abide by any order of this court as to damages, and by the defendant to e brinrr his action within a week—the defendant to be allowed, with out reference to any question in the action of damages, to publish the impression of the Daily London Journal to-morrow morning. The Lord Justice Turner said it was unnecessary for him to give any opinion upon the case, further than saying that he felt considerable doubt whether this injunction ought to have been granted at all. He should have had no doubt had the defendant adopted the title of the Laity Journal without the word " London." COURT OF PROBATE AND DIVORCE. (Before the Judge Ordinary.) V. MAUD.-SPECIA L MAUD (IN FORMA PAUPERIS) JURY. This was a suit arising out of a codicil, executed on . the 29th of October, 1857, by Mr. John George Maud, late of Croydon. The testator was formerly an auctioneer annd wine merchant, but for the last twenty-eight years of his life had been a member of the corps of Gentlemen-at -Arms. He had had 17 children, but only 13 sur vived. He left property worth about £B5O a year, which, by a will made in 1850, he left first to his wife, and then directed it to be divided equally amongst his children. The codicil in dispute con . tained the following clause--" I renounce Lavinia 'BaileY Maud. my daughter, from any benefits arising from my will ; but should she follow in the _ paths of virtue and obedience to the wishes of my dear wife and my executors, they may give her by instalments, if they think proper, the sum of 4200." The testator died in about a year after he had exe cuted this document. It was propounded by the defendant (Mrs. Maud) and resisted by Miss Maud, on the ground of her father's testamentary incom petency, and of her mother's undue influence over him. Mr. Sergeant Pigott, Dr. Spinks, and Dr. Wam bey appeared for the plaintiff; Dr. Phillimore, Q.C., and Dr. Tristram for Mrs. Maud. The case was a very painful one. Up to 1853 Miss Maud had been her parents' favourite daughter; but in that year she went to the Crystal Palace without leave. On her return they confined her to her room for about three months ; after which time (although she was 25 years of age) they e . n her to school, first at Clapham and afterwards a She remained at the latter place till 13 ') -1, and since then it was feared she had been leading an immoral life, which was allegcp to be the rea son all benefit under her father had excluded her from his property. i On the other it was contended that the de fendant left h er drink ing, and that sh e w us a b s ana ' was addicted to drink the ,i person of very overbear ing temper. For out leave to the Palace,Crystale offence of going with she had virtually deprived her daughter of her i home. A nie great deal of evidence was given to substantiate show that k these charges against the defendant and to she was likely to have compelled her husband to execute the codicil. - m His lordship, in summing up, c ensured the con duct of both litigants. It was, unhappily, too clear that the plaintiff had become an outcast from society; but the defendant's behaviour had been injudicious, harsh, and unmother,,y. At the same time that vas not the issue the jury bad to try. They had simply to determine whether or not the testator had been subjected to any coercion in the execution of the codicil. The jury, without hesitation, found for the de fendant, and thus established the codicil. The court, however, directed that the costs in curred by the plaintiff before she was admitted a pauper should be paid out of the estate. HYDE V. HYDE. This was a petition for a judicial separation pro moted by Mrs. Esther Annie Hyde, against her husband, Mr. Charles Henry Hyde, on the ground didultery. sr. Phillimore, Q.C., and Mr. Barry appeared for the wife. The husband was undefended. The parties were married at St. Marylebone church on the 18th of July, 1845. They cohabited for twelve years, and had two children, of whom one still survived. In 1857 the respondent formed an adulterous connexion with a woman named Jane Higgs, with whom he was living as man and wife. Tile jury having found the fact of adultery, His lordship decreed the separation, with costs. POLICE INTELLIGENCE—June 3. GUILDHALL. Thos. Chas. Peprill was charged with assaulting his master. Mr. Beard appeared for the complainant. Mr. Smith, a whip and walking-stick maker, of Beech-street, Barbican, who appeared with his eye bandaged up, said—The prisoner is my ap prentice. Mr. Martin (the chief clerk) asked the prisoner if he had been at the court early in the morning applying for a summons against his master ? Prisoner—Yes, sir ; I wanted a summons against my master for assaulting me, and I was told to come again later in the day. Mr. Martin—And did this . complaint of your master arise since you were here ? Prisoner—Yes, sir. Mr. Smith—The prisoner neglected his work in the morning, and when he returned from this court he complained that he had not had his breakfast. I told him to leave the 'warehouse and go to his work, and on his refusing I placed my hand on his arm to push him out, when he seized me by the throat and struck me with a brick in the eye. This is the fourth time he has been guilty of similar conduct. Prisoner—He has kept me, sir, since Wednesday without food, and all I have had has been about twopennyworth of bread and cheese which he offered me yesterday for dinner, but I refused it, and he offered it to me again last night, and I thought better of it and took it. He struck me last night, and I came here this morning for a summons for it. He has had nine apprentices, and they have all tun away because he half-starves and ill-treats them; and he declares he will make me serve my time in a prison or compel me to enlist for a soldier. Alderman Challis—ls it true that you deprive your apprentices of their proper food ? Mr. Smith—My foreman will be able to inform you, sir, of every . thing connected with this matter. Alderman Challis—Do you keep them without food ? Mr. Smith—lf the apprentices are not up early enough in the morning, we make it a rule to keep them without breakfast, or if they misconduct themselves. Alderman Challis—You must not take the law into your own hands, but, if they misconduct them selves, bring them before a magistrate. You have no right to deprive youths of their proper food. Mr. Smith—lt is the only way we have of punishing them ; bat I will consent to cancel the indentures if you will bind him down not to work in the same trade. Alderman Challis—l cannot do anything of the kind. tr Prisoner—That is 'what he wants, sir. He knows that I have been with him two years, and that no journeyman can teach me any more. He takes parish apprentices for the sake of the pre mium, and when he has got the money tries all he can to get rid of them. Mr. Beard, for the complainant, submitted that, even supposing the prisoner's complaint had any foundation, no matter what Mr. Smith's conduct might have been, it would not justify such an assault. Alderman Challis—Certainly not ; and I there fore fine the prisoner 20s. for the assault, or 7 days' imprisonment ; but at the same time I shall grant the prisoner a summons against his master, when, if Mr. Smith objects to cancel his indentures, I can cancel them without his consent. BOW-STREET.—William Sloper, a respectably dressed young man, was charged with firing a pistol at himself at the Holborn Casino, on Thurs day'night. Charles Lowther stated that he was the gasfitter at the establishment now known as the National Assembly-rooms, in Holborn. He was there on Thursday evening about half-past 11, when some alarm was occasioned by the report of firearms. He hastened to the quarter from whicfi the noise proceeded, and there saw the prisoner lying on the ground. A pistol, recently discharged, was lying near him and there was a burn or singe on the front of his shirt and flannel-shirt, as if caused by the bullet or wadding. It was soon found, however, that the prisoner was not wounded. He was given into custody. Inspector Searle, the officer on duty at the rooms, said that the prisoner was evidently the worse for drink. If a bullet had been ever placed in the pistol it must have dropped out before the discharge took place. The prisoner said nothing to the charge except that he was depressed in spirits. The prisoner now made a similar defence, adding that he had been drinking too much, and hardly knew what he was doing. Mr. Jardine said it was very strange that he should be going about with a loaded pistol in his pocket, and some inquiry into his character must be made. The prisoner was accordingly remanded for a week. A gentleman waited upon Mr. Jardine during the afternoon and left 3s. for the poor-box, stating that he had picked up the money in an omnibus, and had found no claimant for it. MARYLEBONE.—A distressed-looking woman, named Mary Jones, aged 40, and who had on neither shoes nor stockings, was charged, at the instance of Sir R. W. Carden, with begging. Complainant, who resides at No. 64, Wimpole street, Cavendish-square, stated that on the same morning, at half-past 10 o'clock, the prisoner was in the middle of the street singing to excite com passion. He spoke to her and told her if she was in distress she had better go into the workhouse, to which she replied that she had a great dread of it, and he then thought it his duty to give her into custody, and have her brought to this court. Mr. Long—l can't understand what for. Was she doing anything more than singing ? Sir It. W. Carden—l saw her pick up money, and therefore gave her in charge for begging. Mr, Long—Did you see or hear her beg of any- one? Sir R. W. Carden—l can't say that I did, but I consider that there are ways of begging without persons actually asking for money. Mr. Long (to prisoner)—What do you say to this? Ptisoner—Pkase, sir, I was singing, and that's all. A gent l eman t h rew me two farthings, and .I went to pick them up. Mr. Long. —I shall let you go now, but if you go about beggin g and are brought here again you will be sent to the House of Correction. Regiment, just retu rne d f ro m in tl of P a w oa while the I n r y d i m a , was of t c h h e a r B g l e s d t with unlawfully jumping t e r a a r i ri n a l g v e as o g n oi t n h g e S ou th Eastern Railway h At the rate of 30 miles an hour. Mr. Robinson, from the office of Mr. Rees, the a guard in the compa n y' s serv i ce' company's solicitor, attended to p rosecute. George Cox, said he had cha r g e of the train, which l e ft a t a quarter to nine o n the p revious morni ncr. The prisoner was a seco nd-class passenger, and when the train left the Frith station he saw him in the carriage and the door was closed. When they had got about 600 yards from Erith, and the train was going between 30 and 40 miles an hour, witness saw one of the carriage-doors open, and perceived the prisoner sprawling on the side of the line close to the metals, and it was a miracle he was not smashed to pieces. The guard of the next train said that when he stopped at Erith, the station-master handed the prisoner to him, telling him to take him to the superintendent's office at London-bridge, as he had jumped off the previous train while going at 30 miles an hour. Mr. Robinson informed his worship that he understood that the prisoner was on furlough, and that he had been frolicking, as he had with Min a bottle half full of whisky, and he was half drunk when given into custody. The prisoner said he had been in the army 19 years, and had recently returned from India. He had a furlough for two months to visit his friends, and when he got into the train he put his furlough in his cap. As soon as he left-Erith the latter fell off his head on the side of the rails, when he foolishly opened the door and jumped out after it. He was extremely sorry for having done so, and could assure his worship that it had considerably shaken him. Mr. Burcham told him that as he was an old soldier, and had served his country in India for 1 Isome years, he did not feel inclined to punish him with any kind of severity ; but he must punish him as al:: example to him and others for the future. He must, pay . a penalty of ss. The prisoner paid the penalty, and thanked his worciiiip for his leniency. SIR ,irOSEPII HA WLEY'S TURF CAREER. BY " ARGUS." Few' of our readers who have been racing any period c)f time can have failed to remark a short gentlein an, with sharp intelligent features, a rather stooping figure, and cigar in his mouth, talking very earnestly to John Day, or some other trainer. This is Sir Joseph Hawley ; and as there are few men who have recently engaged more public atten tion, he is fully entitled to an early niche in our gallery. Sir Joseph Hawley, when he began life, entered the ,army, in which he remained for a few years in one of our crack cavalry regiments, and on retirement took up his residence in Florence. Here his love for the turf was first displayed, as he imported some horses from Englaud, and in conjunction with his subsequent confederate, Mr. Stanley, ran them at most of the meetings in Italy with varied success, his most formidable opponent being the famous Polish Prince Poniatowski. At Florence he cultivated the fine arts, of which he was a liberal patron, and, in addition to other mental accomplish ments' he improved his knowledge of painting , of which there are few better judges among the mem bers of the aristocracy. He is also deep in black letter lore. Sir Joseph Hawley's debut on the English turf was in 1844, where we find him with Vibration, Venus, and The Bishop of Romford's Cob, at "Field- Marshal Beresford's," at Newmarket. With these he did but little good, and had all the worst of it in his matches. In the following year he improved slightly, and his stud was enlarged ; but as yet there was no " flier" in it. But in 1846 things began to look more cheery with him, as with Miami he beat Cossack for the July, which the Days thought to be impossible, from their colt having been tried with St. Lawrence at 3st, whom he beat by two lengths. 7 to 4 was betted freely on Mr. Pedley's colt ; and to the great mortification of the Danebury division, he was bowled out by the mare, who proved her goodness on the following Thursday by being only beaten a head, with her 91b penalty for the Chesterfield, by Nerissa. And it was singu larly conclusive of the merits of the first and second for the July, that they should have turned out the winners of the Derby and Oaks. Sir Joseph also won the Drawing-room at Goodwood with Hum drum, and several races with The Cob, Bravissimo, and Prospect. His progress, which up this time had been but slow, now became more rapid, and in 1847 he perpetuated his name in the Calendar as the winner of the Oaks (worth upwards of £4,000) with Miami ; but he did not net a very large sum in addition, as the market was so un wholesome for some time about her as to give him but little ',encouragement to back her for a stake. The week after this race he gave an instance of his pluck and desiie:to have the best animals that money could purchase, by buying Mendicant of Mr. Gully for 3,500 guineas. The bargain, how ever, was as unfortunate for him at first, as Lord Londesborough's was the other day in the same race, for which she was wanted, viz., the Ascot Cup, as it will be recollected she was beaten by The Hero, in the same stable from which she was sold ; and, although Sir Joseph might have sorely re gretted his purchase in the first instance, within the last month he must have been led to consider it the.best investment he ever made in his life. In 1848, when he paid taxes on 18 horses, he had a bad year; but he was in immense force in the following season, when he won the Northampton shire with Fernhill (purchased of " The Squire of Wantage") and afterwards the Metropolitan with him, when the race was run on the Saturday in stead of the Friday, on account of the snow. Peep o'-Day Boy for this event was an extraordinary favourite, and from his trial at home all Danebury were " up to their chins" on him ; but his small feet held him in the deep ground, and he was vei y cleverly beaten. Fernhill also was only defeated a head from Snowstorm for the Great York shire Handicap at Doncaster ; and with Vatican Sir Joseph ran third, for the Leger, to the Dutch man, and picked up the Newmarket Stakes and a Triennial with him besides. In 1850 he was again a thorn in John Day's side, as with Aphrodite he ran a dead heat with the highly-tried Grecian for the July, although the latter ultimately won cleverly ; but on the Thursday he made up for the loss by winning the Chesterfield with Teddington. At this time the confederacy between Mr. Stan ley and Sir Joseph, which commenced in Italy, was renewed ; and Alec Taylor succeeded to the manage ment of the stud, vice Beresford, who remained at Newmarket. But, beyond Aphrodite and Vatican, he had nothing very grand in his stable. In ' 5l, which was the Exhibition year, Sir Joseph had " an exhibition of his own," which was quite as profit able as that in Hyde-park, as The Ban pulled him through for a second Metropolitan, and the Doncas ter Cup. Aphrodite carried off the Thousand Guineas and Parkhill ; Teddington swept away the Derby; Vatican the Ascot Stakes ; Confessor the Great Yorkshire Handicap ; and Teddington won his great Match with the Mountain Deer for 1,000 guineas at Newmarket. But, if thus successful with Teddington and Aphrodite, he experienced three tremendous disappointments in missing the St. Leger with Aphrodite, and the Oaks and Cam bridgeshire with Breba. As to this mare's merits the public and Sir Joseph were never agreed, and a great deal of virulent feeling existed on the sub ject. On the morning of the former race he told Job Marson he was as sure to ride the winner as he had done Teddington. But Jub was incredulous, and gave the preference, in his own estimation to Merry Peal, who, as he predicted, beat her in the race. Annoyed with the remarks that were made relative to the running of Breba in the Cambridge shire, and with his sale of Vatican prior to the Doncaster Cup coming before the Jockey Club, when his own word of honour was not deemed sufficient evidence of his conduct, Sir Josept retired, sold the greater poi tion of his stud, and took to breeding at Leybourue, his estate in Kent, where he began with Cowl, Confessor, and a few brood mares, Teddington returning to his real owner, Mr. Stanley. Teddington, perhaps, was one of the best Derby horses of modern years, and the very worst animal the Ring had ever in their books, for every gentleman on the Turf was " on " him, as every " little man " was on Marlborough Buck. Sir Joseph and his confederate, as may be imagined, won an enormous stake, and in a short time after the race was over Mr. Greville received from Davies a cheque for £15,000 which e had lost to him. This simple incident will gi h ve some idea of the vastness of the Leviathan's resources, as well as the nature of the betting at his lists, as up to the time he gave the check he had not received one farthing of his account from Tattersalls'. Of course those who knew Sir Joseph thoroughly felt persuaded his retirement was only temporary, and in less than a twelvemonth they found their views were correct, as he was numbered among the employers of John Day at Danebury. Here he commenced with Kalipyge, own sister to Aphrodite, with whom he did little or nothing, and after persevering with his small team for a couple of years without winning any great stake, " he went into private again," selecting George Manning, formerly head lad to Percy, at Pimperne, for his trainer, Wells as his jockey, and fixing upon some ground at Cannon's Heath, upon which Eclipse was tried, near Whit church, for his training_quarters. At first things promised very little better here than with John Day, and before Christmas he would willingly have disposed of all his horses for the sake of their engagements ; but re ceiving no offer for them, he was obliged to train them, and won nearly all their races, including the Two Thousand' and Der b y with Fitzßoland and Beadsman in 1858, which are of too recent date to require recapitulation, clearing in bets also what Ciptain Scott used to call a '• stoater," viz., sixty thousand pounds ; and so well was his last thou sand laid out on Beadsman on the Thursday before the Derby, that it brought him, through " Lord Frederick's" agency, £18,870. As a sportsman, Sir Joseph, like Lord George Bentinck, will never be a popular one with the public, because, like that nobleman, he never makes them his confederates, or discloses his intentions to his trainers or jockeys before the day arrives. And so exact :is the dis cipline of his stable that no one attached to it, more than the greatest stranger, is aware of his Plans. His trainer is simply to get his horse ready ; his j oc k ey i s s i mp ly t o b e in readiness to ride. His boys, like L or d E xeter , h e we ighs himself. By this means curiosity is repelled, and his own judgment is allowed t s o h a o c r t s es unfettered. few , i f anyl3 u t,mwa masters s a re success fulso with h i liberal to their se;vants ; and he never dwells upon a ancidefe defeat. d a y. "Never says anything! hl sir" preferredob hm parson .to a used to swear any other master. , c Nice man, Sir Joseph lilevhaesnsuirieed putus one Two Thousand, he merely said, on :Confessor for the Job, you stand a hundred pounds to nothing with m e. I am not sanguine,' and I was nowhere. And leyn the relu horse; you'll b l on Aphrodite . o n the Thursday, when I was getting on Teddington, also, 3, f , o c t u • t s h t e an O d n t e h l e l s o a l ip is e zm a d s ,;tsi d n i i d p he behaved with t h e utmost I , i a b n er d al j i o t and preferred ride Tedding win in a canter.' which I did." told munifi cen ce to him ; for after lie h a d g i ven h int hi s also, You stand a thousand to nothi ng i o l f i f m e r withwh c smile,of the t p h a a i t r h h e e r N a N t o h u e l ton, he said, d with me about him, and another thousand with the friends of the horse." In the weighing-room after lie had won and had scaled out, he told him to " put the friends' thousand down to myself," and he gave him a cheek for the whole a few days after wards, which J . ob invested in land irl Yorkshire, preferring, like most of his countrymen, the " broad acres" to consols. Such an employer, therefore, is certain to be well served; and with Manning and Wells he is as sure to succeed as he was when he took up Alec Taylor and Job. But if Sir J. Hawley, from tactics, is not generally popular, by his own immediate circle of friends he is beloved, and the best proof of confidence they have in him is the manner they back his horses, which they do as they would do their own, and the cherry jacket is invari ably the worst the bookmakers have in all the great races. Like a good judge, Sir Joseph is not afraid to try his horses, so as to know the worst at once; and he will have the best available talent in the saddle, as, from the time he began up till the last race which he ran, he never employed a less dis tinguished jockey than F. Butler, Nat, Job Marson, Charlton, or Wells ; and if Pearl had kept on riding his name would have been included in the above list. Having thus traced Sir Joseph Hawley through his career, it will be seen there are few races he has to win, whilst the Turf exhibits few more successful since the time he has been connected with it. So long as he pursues the same straight forward conduct he has hitherto observed, and from which there is no fear he will deviate, he may turn a deaf ear to the attacks of the canaille, and will gradually acquire the confidence of the public as much as Lord Chesterfield or Lord Zetland have done throughout their course.—Sporting _Review. SPORTING INTELLIGENCE. EPSOM MEETING.-FRIDAY. THE OAKS. The Durdans Stakes of 5 sovs each; with 100 added, for 3-yr-olds and upwards. Allowances and penalties. The winner to be sold for 1,500, if demanded, &c. Derby Course. 10 subs. Mr. Barnard's Pan, by Midas, 3 yrs, 7st 21b (car. 7st 31b) (Fordham) 1 Mr. Parr's Sedbury, 4 yrs, Bst 101 b ( W. Boyce) 2 Mr. Bryan's Odd Fellow, 3 yrs, 6st 131 b ..(L. Snowden) 3 The following also ran :—Stapleton, Fair Play, Emblem, Tiney, Uzella, and Fright. Betting-5 to 2 each agst Sedbury and Pan, sto 1 agst Odd Fellow, 10 to 1 agst Uzella, 100 to 6 agst Fright. Won by a head, a neck between the second and third ; Uzella was a bad fourth; the others were beaten off. The winner was claimed by Mr. T. Parr. The Oaks Stakes, of 50 sovs each, h ft ; for three-year-old fillies, Bst 71b each. The second to receive 100 sovs out of the stakes. Mile and a half; to be run on the New Course. 168 subs. Lord Londesborough's Summerside, by West Australian (Fordham) Mr. J. Clark's Scent _ (J. Mann) Mr. J. Lowe's Wild Rose Mr. W. S. S. Crawfurd's Mayonaise The following also ran : (L 'Snowden (lvells ); Mr. F. Higgins's Rosabel (Creswell) Lord Londesborough's Eller (Templeman) Mr. F. Robinson's Ariadne (A. Day) Mr. J. Osborne's Little Agnes (J. Osborne) Lord Ribblesdale's Allegra (Roe) Mr. W. Day's Schism (W. Day) Mr. Copeland's Woman in Black (S. Rogers) Mr. Watts's Souvenir (Charlton) Sir C. Monk's Prelude . (Ashmalf) Lord Glasgow's f by Orlando—Physalis dam (Alderoft) Mr. Merry's Meg Merrilies (French.) Betting at starting-6 to 4on Mayonaise, 4to 1 agst Summerside, 7 to 1 agst Ariadne, 100 to 7 agst Souvenir, 100 to 7 agst Rosabel, 20 to 1 agst Wild Rose, 100 to 3 each agst Woman in Black and Meg Merrilies. THE SUN, LONDON, SATURDAY EVENING, .TUNE 4, 1851 THE RACE. Directly Mr. Hibburd lowered his flag Allegra assumed the lead, Rosabel and Souvenir taking the second and third places ; Schism followed next on the far side, Physalis filly sixth, with Prelude at her quarters ; and then came the ruck, in the centre of which were Mayonaise and Summer side, the Woman in Black being last of all. At the mile post Souvenir had a slight lead of Allegra, and the lot got closer together. as they travelled along the top ridge of the far side of the course, but at this point we were unable clearly to define the exact positions in consequence of the haze; but the leading rank still remained the same. On coming round Tattenham-corner Souvenir was in difficul ties, and speedily retired from the premiership. The run ning was now taken up by Prelude, followed by Schism, and the favourite drew forward from the middle of the nick and placed herself next in order. Prelude and. Schism dropped back again, tired of the pace, on entering the straight, and Mayonaise came to the fore, and Summerside took up a position on the lower side next to her. This couple were succeeded by Prelude, Wild Rose, and Scent, and so the five raced from the distance. On approaching the Grand Stand Prelude had shot her bolt, and Mayenaise was likewise evidently in trouble. Summerside came out opposite the betting enclosure the instant she was called upon by Fordham, and responding gallantly she cleared the remaining portion of the distance, and won cleverly by half a length. Scent held on to the finish in a game manner, and beat Wild Rose for the second place by a head only. Mayonaise was merely enabled to obtain fourth place a neck from Wild Rose ; Prelude was fifth, Ariadne sixth, Meg Merrilies seventh, Woman in Black eighth ; Little Agnes, Schism, the Physalis filly, and Allegra were next. The last three beaten off were Eller, Souvenir, and Rosabel. DESCRIPTION OF THE PLACED HORSES. SUMMERSIDE is a brown mare; a low lengthy animal, good shoulders, back, and loins, muscular quarters, blood like head and neck ; has a switch tail, one white heel off side behind, and white star on forehead. . n r SCENT is a chestnut filly, with lean head, strong neck, good shoulders, barrel, back, and loins, muscular quarters, good knees and hocks, large bone; a powerful animal; she has a white blaze on forehead. WILD ROSE is a brown mare, black legs ; she has good shoulders and girth, fair-sized bone. She has no white about her but a small star in the forehead. MAYONAISE is a mealy bay, with very blood head, and neck beautifully set on ; good shoulders, barrel, back, and loins ; quarters strong and well let down, and large bang tail, which she carries rather away from her. A fine-look- ing mare. The Sixth Great Surrey Foal States of 10 sous each, with 100 added, for 3-yr-olds ; colts, Bst 71b ; fillies, 7st 41b. Allowances and penalties. Last mile of the Derby course. 23 subs. Mr. F. Robinson's Aetreon, by Newminster ' Bst 71b (A. Day) 1 Mr. J. Scott's Uralian, Bst 7st (Ashman) 2 Mr. I'Anson's Balnamoon, Bst 71b (R. I'Anson) 3 Emotion and Oceanus also ran. Betting-6 to 4on Actaeon, 4to 1 agst Uralian, z.nd sto 1 agst Oceanus. Actaeon went away with a clear lead, with Uralian second, and won by a length and a half; three lengths between the second and third. Oceanus was beaten off. The Glasgow Plate of 50 soya (Handicap); winners extra, Half a mile. Mr. Greville's Grand Duchess, by Orlando, 4 yrs. 7st (L. Snowden 1 Mr. Bray's Gift, 3 yrs, sst 71b (W. B o tt om 2 Count Batthyany's Adulation, 3 yrs,6st 10Ib (W. Bradley 3 The following also ran :—Nutfield, Lincoln, The Re formed, Vulture, Feodrowna, and Balloon. Betting-6 to 1 agst Grand Duchess, sto 1 each agst Gift and Balloon, and 7to 1 agst Adulation. Gift broke away on mustering at the post, and ran Into the Paddock before he was stopped. Balloon and Gift ran in front to the distance, where the former was beaten. Half-way up Grand Duchess came out and won by a length, half a length between the second and third. Vulture was a bad fourth, and Nuffield was fifth, close up with Vulture. _ The Derby and Oaks Stakes of 5 sous each, with 30 added, for 2-yr-olds and upwards ; optional selling weights, &c Half a mile. 13 subs. Mr. Blanton's Polly Johnson, by Malcolm, 4 yrs, 73t 91b (£SO) (Fordham) 1 Mr. Harrison's Spiteful Dick, 6 yrs, 7st 71b (X5O) (Norman) 2 Mr. Challonor's Fusee, 3 yrs, 7st (ao) (Mortimer) 3 The following also ran :—Our Bet, Villaret, Jenny Long logs, Ladybird, Franscombe, Confusion, Idler, and Sister to Abron. Headland weighed for Orianda, 5 yrs, Bst 61b, and the number was displayed on the telegraph, but it was subse quently taken down, and Orianda did not start. Betting-6 to 4on Polly Johnson, 4to 1 agst Spiteful Dick, 7to 1 agst Jenny Longlegs. Idler broke away and delayal the start ; and Sister to Abron unseated her jockey as the flag fell, and got loose. The favourite made play to the distance, where she was joined by Spiteful Dick; a good race in ending in favour of Polly Johnson by a head ; two lengths between the second and third ; Jenny Long legs was fourth ; and Villaret fifth. The winner was bought in for 120 guineas, and Spiteful Dick was claimed. The Manor Plate of 50 sovs, for 3-yr-olds and upwards; the winner to be sold for 200 sovs, if demanded', Ike. One mile. 6 subs. Mr. Blanton's Polly Johnson, 4 yrs, Bst 51b.... (French) 1 Mr. Brazley's Mushroom, 3 yrs, 6st 101 b.. (L. Snowden) 2 Mr. Johnstone's Orlando, 5 yrs, Bst 61b.... (Headland) 3 Mr. Matthew's Douna Carmen, 2 yrs, Est 131 b (Mitchell) 4 Betting-6 to 4on Mushroom, and 3to 1 agst Polly Johnson. Polly Johnson made play throughout and won by two lengths ; bad third. An uncertain sort of day; the rain set in towards the close of- the•sport and marred the enjoyment of the racing. The attendance of company was beyond an Oaks day's average, and the racing sustained the interest of the meet ing to the close. LATEST BETTING. ST. LEGER. 3 to 1 agst The Promised Land (offored). THE " SECOND" FOR THE DERBY. The investigation of the claim of the owner of Marionette to the second money in the Derby took place immediately after the race for the Oaks on Friday afternoon, before the Duke of Beaufort, the lion. Admiral Rous, Arthur Heath cote, Esq.,. and C. 11. Carew, Esq., the stewards of the meeting, in Mr. Dorling's office, at the Grand Stand. The jockeys examined were Win. Day, S. Rogers, and Charlton, the former of whom stated that, being on the upper ground, he distinctly recognised what was before him, and testified in favour of Marionette's claim. His evidence was further confirmed by S. Rogers, who main tained he was second, and by Charlton, who deposed to G. Oates finishing on Ticket of Leave, side by side with him on the Glenluce colt, and that neither of them " saw the winner," G. Oates was called but did not respond, having, we believe, returned home with the horse on Thursday morning before the protest was entered ; and the Stewards asked Mr. Clark for his explanation. The judge thereupon said that as the evidence exactly corroborated his own opinion as to the positions of the horses, he would not per sist in his original decision, and further expressed his belief that Marionette was entitled to second honours. He ex plained in extenuation of his error that the chair was only a foot from the ground, a height by no means adequate rightly to distinguish a large field of horses, and Marionette being on the lower ground the difficulty was further in creased. He also argued that as the winner won by half a length, and a neck each separated the second, third, and fourth, it was equivalent to a length dividing the fourth from the first, and The Promised Land (on the upper ground) completely covering Sam Rogers, who was on the lower ground, he was only enabled to get a cursory glance at the colour, and from the similarity of that with Ticket of Leave, he acted credibly and to the best of his judgment when he placed the latter second. Mr. Clark also informed the Stewards that two years ago he complained of the present chair, and asked Mr. Dorling for a new one, and appealed to the Clerk of the Course whether he (Mr. Clark) had not drawn up a plan for the alteration ? The iresent box is altogether in commodious and ill-constructed, and the inconvenience is further increased by the near erection of Barnard's Stand opposite to the post, the crowd on which materially impedes the view. Upon this, Mr. Dorling undertaking to erect a new chair and to remove Barnard's Stand some feet back, the Stewards pronounced the following decision : " THE DERBY STAKES. " The stewards hereby declare Marionette to be the second horse in the Derby Stakes, and that Ticket of Leave was placed second by mistake. (Signed) " BEAUFORT, H. J. Rous, A. HEATHCOTE, C. H. CAREW. " June 3, 1859." In accordance with this decision all backers of Marionette for a place win ; and holders of his ticket in " sweeps" are entitled to the second prize. ACCEPTANCES FOR 'HE ASCOT STAKES. Age st *lb Leamington Borderer 5 8 3, Roman Candle 5 8 3 1 Blue Jacket Pensioner Ad amas Jealousy 5 7 2 Rogerthorpe Misty Morn Clara Webster 3 6 13 Worcester Tame Deer Accurate 4 6 8 Supple Jack ..., 4 6 5 Compromise Age st lb Prince of Denmark 4 5 13 Princess Royal 4 5 13 Minster (inc. 7lb ex) 3 5 6 Bellefield Sweet William Ella 3 5 2 Rouble Brown Holland (in cluding 71b ex 3 4 13 Admiralty Commodore Linda 3 4 7 Cytherus Roussillon 3 4 4 FROM THE GAZETTE OF LAST NIGHT FOREIGN-OFFICE, JUNE 1. The Queen has been graciously pleased to appoint the Honourable Henry George Elliot, herMajesty'sEnvoy Ex traordinary and Minister Plenipotentiary to the King of Denmark, to proceed to Naples on a Special Mission to convey her Majesty's congratulations to the King of the Two Sicilies, on his Majesty's accession to the throne. DOWNING-STREET, JUNE 3. The Queen has been pleased to erect the district of More ton Bay, New South Wales, into a separate Colony, to be called the Colony of Queensland ; and to appoint Sir George Ferguson Bowen, K.C.M.G., to be Captain-General and Governor-in-Chief in and over the said colony and its de pendencies. Her Majesty has also been pleased to constitute the said new Colony to be a Bishop's See and Diocese, to be called the Bishopric of Brisbane ; and to appoint the Reverend Ed ward Wyndham Tufnell, D.D., to be ordained and con secrated Bishop of the said See. Her Majesty has further been pleased to constitute the Island of Saint Helena to be a Bishop's See and Diocese, to be called the Bishopric of Saint Helena, and to appoint the Reverend Piers Calveley Claughton, D.D., to be or dained and consecrated Bishop of the said See. WHITEHALL, JUNE 2. - The. Queen has been pleased to present the Reverend William Shanks to the church and parish of Maryhill, in the'presbytery of Glasgow, vacant by the transportation of the Reverend John Colvin, late Minister thereof, to the church and parish of Kirkmabreck. CROWN-OFFICE, MAY 28. MEMBERS RETURNED TO SERVE IN THE PRESENT PARLIAMENT. Borough of Carnarvon—Charles Wynne, Esq. Borough of Devizes—John Neilson Gladstone, Esq., Commander R.N., of Bowden Park, Wiltshire ; Christo pher Darby Griffith, Esq., of Padworth House, Berkshire. WAR-OFFICE, PALL-MALL, JUNE 3. 97th Regiment of Foot—Major- General Edmund Finucane Morris, C. 8., to be Colonel, vice Lieutenant-General Henry A-dolphus Proctor, C. 8., deceased. WAR-OFFICE, PALL-MALL, JUNE 3. 2d Regiment of Life Guards—Cornet and Sub-Lieutenant and Adjutant Robert Reid to have the rank of Lieute nant ; Cornet and Sub-Lieutenant Thomas Leyland to be Lieutenant, by purchase, vice Marshall, promoted. 7th Dragoon Guards—Henry Bulkeley, Gent., to be Cor net, without purchase, vice M'Adam, promoted. 2d Dragoons—Cornet Richard Austin Herbert has been permitted to retire from the service by the sale of his commission. sth Light Dragoons—Troop Sergeant-Major George Grif fith, from the sth Dragoon Guards, to be Quartermaster, vice Addy, who reverts to the half-pay of Captain of the late Land Transport Corps, 7th Light Dragoons—Cornet the Hon. Auberon William Edward Molyneux Herbert to be Lieutenant, by pur chase, vice Bulkeley, promoted. Military Train—Captain Thomas Edward Green, from the 82d Foot, to be Captain, vice Palliser, who exchanges. Royal Artillery—Brevet-Major Robert Talbot to be Lieu tenant-Colonel, vice Montresor, deceased ; Second-Cap tain Oliver Robert. Stokes to be Captain, vice Talbot; Lieutenant Henry Archibald Doyne to be Second Captain, vice Stokes. The date of the promotion of the under-mentioned officers to be altered to 23d May, 1859, viz. :—Captain Sanford Freeling and Second Captain J. E. Ruck-Iteene. 6th Foot—Alfred Teevan, Gent., to be Ensign, by purchase, vice Morland, promoted ; William Harrison Falcon, Gent., to be Ensign, by purchase, vice Roworth, pro moted. _ 7th Foot—Captain Hugh S. Cochrane, from the 16th Foot, to be Captain, vice Twemlow, who exchanges ; George Brooke Meares, Gent., to be Ensign, by purchase, vice Flood, promoted. Bth Foot—Win. Albert Bridge, Gent., to be Ensign, by purchase, rice Page, promoted. 12th Foot—Capt. Coxiiton A. S. Dickins, from the 38th Foot, to be Captain, vice Martin, who exchanges. 13th Foot—Alexander Duke Simpson, Gent., to be Ensign, by purchase, vice Moffett, promoted. 15th Foot—Ensign Henry W. R. de Coetlogan to be lieu tenant, by purchase, vice Tyler, promoted 16th Foot—Capt. George Hamilton Twemlow, from the 7th Foot, to be Captain, vice Cochrane, who exchanges; Christopher Samuel Bailey, Gent., to be Ensign, by pur chase, vice Walker, who retires. 19th Foot—George Archibald Warden, Gent., to be En sign, by purchase, vice Briscoe, promoted. 20th Foot—Quartermaster William Smith, from the 29th Foot, to be Quartermaster, vice Aylett, who exchanges. 22d Foot— Ensign Robert Henry Dillon to be Lieutenant, by purchase, vice Palliser, who retires ; James Allan Park, Gent, to bo Ensign, by purchase, vice Vivian, promoted. 23d Foot —Ensign Jas. Clayton to be Adjutant, vice Lieut. Gremorie, who resigns the Adjutancy only. 26th ?oot—Capt. Sir H. St. John Mildmay, Bart., from half-pay, 60th Foot, to be Captain, vice Wallace, ap pointed Adjutant of a Depot Battalion; Lieut. W. Elliott Lockhart to be Captain, by purchase, vice Sir H. St. John Mildinay, who retires ; Lieut. M. H. Hale to be Captain, by purchase, vice Chute, who retires ; Ensign George Philip Fawkes to be Lieutenant, by purchase, vice Lockhart ; Ensign Philip Conway Story to be Lieu tenant, by purchase, vice Hale ; George Douthwaite, Gent., to be Ensign, by purchase, vice Fawkes. 29th Foot—Frederick Charles Buxton, Gent , to be Ensign, by purchase, vice Shadwell, promoted ; William Graham Arnold, Gent., to be Ensign, by purchase, vice Cochrane, promoted ; Quartermaster James Aylett, from the 20th Foot, to be Quartermaster, vice Smith, who exchanges. 32d Foot—Ensign C. F. Clery to be Lieutenant, by pur chase, vice Charlton, who retires ; H. W. M. Cathcart, Gent., to be Ensign, by purchase, vice Clery. 35th Foot—Lieutenant John Ormsby Vandeleur to be Captain, by purchase, vice Harris, who retires. 38th Foot—Captain David William Martin, from the 12th Foot, to be Captain, vice Dickens, who exchanges. 39th Foot—Ensign John B. Corballis to be Lieutenant, by *purchase, vice Wm. Osborne Smith, who retires. 44th Foot—Ensign Henry William Heane to be Lieutenant, by purchase, vice Kendall, promoted. 51st Foot=-Henry Montague Trenchard, Gent., to be En sign, by purchase, vice Cobb, promoted ; George Bever ly Bird, Gent., to be Ensign, by purchase, vice Barn . ston, appointed to the 55th Foot. 52d Foot—Vesey Edmund Knox, Gent., to be Ensign, by purchase, vice Wilberforce, promoted. 57th Foot—Lieutenant John Charles Crawford, from half pay 52d Foot, to be Lieutenant, vice Grace, promoted to an Unattached Company, without purchase; Ensign Reginald A. Hoby Cox to be Lieutenant, by purchase, vice Crawford, who retires. 58th Foot—Captain Aldborough Rundle, late 40th Foot, to be Paymaster, vice Timbrell, who retires upon half-pay. 63d Foot—Cornet William Jeffreys Pegus, from half-pay late Land Transport Corps, to be Ensign, vice Slack, appointed Quartermaster to the School of Musketry at Hythe ; Major Dawson Hill, Gent., to be Ensign, by purchase, vice Pegus, who retires. 64th Food—Ensign Henry Davies to be Lieutenant, without purchase, vice Hudson, promoted in the 15th Foot. 69th Foot—Ensign Henry Charles St. George to be Lieu tenant, without purchase, vice Maroon, promoted in the 12th Foot ; Lieutenant RomaineF. Stirke to be Adjutant, vice Maroon, promoted in the 12th Foot. 70th Foot—Ensign Herbert John Hill to be Lieutenant, by purchase, vice Wright, whose promotion , by p urchase, on the 25th March, 1859, has been cancelled. 74th Foot—Edwin Augustus Windsor, Gent., to be En sign, by purchase, vice Pavy, promoted. 77th Foot—Ensign Reginald Hoskins to be Lieutenant, by purchase, vice Hill, ho retires. 80th Foot — Lieut. F. Brown Numa Craufurd to be Adju tant, vice Borrowes, promoted. 82d Foot—Captain Edward M. Palliser, from the Military Train, to be Captain, vice Green, who exchanges. 85th Foot—Quartermaster John Robert Rouse to be Pay master, vice Pechell, deceased. 86th Foot—Ensign George Fowler to be Lieutenant, with out purchase, vice Dartnell, promoted to an Unattached Company, without purchase ; Lieut. Duncan_ Stewart to be Aajafant,vice Dartnell, promoted to an Unattached Company, without purchase. 99th Foot—Lieut. William Arthur Bond to be Adjutant, vice Clarkson, premoted. Rifle Brigade—Captain William Sampson, from half-pay Unattached, to be Captain, repaying the difference, vice Brevet-Major Buller, who exchanges ; Lieut. Palmer Whalley to be Captain, by purchase, vice Sampson, who retires, Lieut. Robert Edward Stuart Harington to be Captain, by purchase, vice Lindsay, who retires ; Lieutenant GrevLte Charles Lane to be Captain by pur , chase, vice Robertson, who retires ; Ensign John Bowie Evans to be Lieutenant, by purchase, vice M. J. Guest, who retires ; Ensign Francis Markham to be Lieutenant, by purchase, vice Whalley; Ensign William Arbuthnot to be Lieutenant, by purchase, vice Harington ; Ensign John Francis Mair Winterscale to be Lieutenant, by purchase, vice Lane; George John Fitz Roy Smyth, Gent., to be Ensign, by purchase, vice Lane Fox, pro. , muted in the Grenadier Guards. Royal Canadian Rifles—Thomas Henry Selwyn Donovan, Gent., to be Ensign, without purchase, vice Jackson, whose appointment, as stated in the Gazette of the 30th March, 1858, has been cancelled. St. Helena Regiment—Thomas England, Gent., to be En sign, without purchase, vice Hewson, promoted. DEPOT BATTALION.—Captain W. G. Everard Webber, 42d Foot, to be Instructor of Musketry COMMISSARIAT DEPARTMENT. The undermentioned Officers, having been placed on Retired Pay, under the Royal Warrant of 28th October, 1848, to have a stop of honorary rank, viz.:— TO BE COMMISSARIES-GENERAL. Deputy-Commissary-General Charles Anthony Clarke. Deputy-Commissary-General John Bland. Deputy. Commissary-General James Duff Watt, Deputy-Commissary-General Gilbert Hamilton Din ,widdie. Deputy-Commissary-General James Wilson. TO BE DEPUTY- COMMISSARIES-GENERAL. Assistant-Commissary-General Josiah Pryce. Assistant-Commissary-GeneralHenryAddingtonßayley. Assistant-Commissary-General William Stevens. Assistant-Commissary-General William Staunton. The Commisions to bear date 15th May, 1859. CHAPLAIN'S DEPARTMENT. The Rev. George Dacre, Chaplain of the Fourth Class, to be Chaplain of the Third Class. The Rev. George Campbell Williams to be Chaplain of the Fourth Class. BREVET. Captain Sir H. St. John Mildmay, Bart., 26th Foot, to be Major in the Army. Captain William Henry Sampson, Rifle Brigade, to be Major in the Army. Brevet-Major William Henry Sampson, Rifle Brigade, to be Lieutenant-Colonel in the Army. Captain Lancelot Francis Charles Thomas, of the Madras Artillery, to be Major in the Army. MEMORANDUM.—The exchange between Lieutenant Julius Drake Brockman ' of the 86th Foot, and Lieutenant John Henry Waterfall, 95th Foot, as stated in the Gazette of the 13th May, 1859, has been cancelled. COMMISSIONS BY LORDS-LIEUTENANT. County of Northampton—The Hon. Thomas Lyttleton Powys to be Deputy Lieutenant. Hungerford. Corps of Yeomanry Cavalry—Victor William Bates Van de Weyer, Gent., to be Cornet ; Cornet Edward Henry Frederick Dawkins to be Lieutenant, vice Wemyss, retired. Royal Berks Militia—Robert Tebbott, Gent., to be Lieu tenant, vice Stares, resigned. Hampshire Yeomanry Cavalry 11 illiam George Cra ven, Esq., to be Captain, vice Fleming, resigned. Hampshire Regiiiaent of Militia-11;.ncis - James Bamp fylde, Esq., late Captain in Her Majesty's 2211 Regiment, to be Captain, vice Digweed, promoted. Isle of Wight Artillery Militia—Percy Scott, Esq., Captain Commandant, to serve with the rank of Major ; William Puckle, gent., to be Second Lieutenant. . . Warwickshire Militia 2d Regiment—Ensign Octavius Lewis Bland Ward to be Lieutenant, vice Atty, resigned. East Kent Regiment of Militia—Edward Hyde Hewett, Gent., late Royal Bucks Militia, to be Ensign, vice Gill, resigned. Norfolk Militia Artillery—The Hon. Ralph Harbord (late Captain 71st Highlanders), to be Captain, vice Hobart, resigned. City of Edinburgh Artillery Militia—First Lieutenant Robert Nicol to be Captain, vice Chiene, resigned ; Second Lieutenant George Charles Bowman to be First Lieute nant, vice Nicol, promoted. BANKRUPTCY ANNULLED. Richard Blackburn, tailor and draper, London-wall, City. BANKRUPTS. James Long, jun., builder, Witney, Oxfordshire, to sur render June 16, at eeven, and July 14, at two, at the Court of Bankruptcy. James Charles Parsons, publican, Beaumaris, Anglesea, June 15 and July 6, at eleven, at the Liverpool District Court. Thomas Redshaw and John Redshaw, saddlers, Bourn, Lincolnshire, Juno 21, and July 5 : at eleven, at the Shire hall, Nottingham. Gilliam Clarke, licensed victualler, Great Stanmore, Middlesex, June 16 and July 11, at eleven, at the Court of Bankruptcy. George Terry, tinner and brazier, Leeds, June 17 and July 22, at eleven, at the Leeds District Court. John Bowling and James Lane, woollen manufacturers, Batley, Yorkshire, June 21 and July 26, at eleven, at the Leeds District Court. William Parkinson, carpet manufacturer, Dewsbury, Yorkshire, June 17 and July 15, at eleven, at the Leeds District Court. Cuthbert Anthony Clark, silk merchant, Newgate-street, City, June 14, at half-past eleven, and July 12, at half-past twelve, at the Court of Bankruptcy. Charles Robert Thompson and Frederick Lucas, East India agents, Old Broad-street, June 17, at twelve, and July 1:5, at one, at the Court of Bankruptcy. William Lawrence Gomme and John Thomas Byron, auctioneers, Hammersmith, June 17, at one, and July 19, at twelve, at the Court of Bankruptcy. John Minott, victualler, Lower Fazeley-street, Birming ham, June 23, and July 7 at eleven, at the Birmingham District Court. Alfred Elphick, butcher, East Moulsey, Surrey, June 6 and July 11, at twelve, at the Court of Bankruptcy. SCOTCH BANKRUPTS. James M'Arthur, spirit dealer, Dumbarton. Alexander Mackay, surgeon, Cromarty. John Spence, tea merchant, Glasgow. Donald M'Lellan, ironmonger, Glasgow. BANK OF ENGLAND. An Account, pursuant to the Act 7th and Bth Victoria, cap. 32, for the week ending on Wednesday, the Ist day of June, 1859: ISSUE DEPARTMENT. Notes issued £31,570,74 5, Government Debt £11,015,100 Other Securities .. 3,459,900 Gold Coin & Bullion 17,095,745 Silver Bullion .... - £31,570,745) £31,570,745 BANKING DEPARTMENT. Proprietors' Capi tal £14,553,000 Rest' 3,160,810 _ . Government Secu rities (including Dead Weight A n.. Public Deposits (in cluding Exche quer, Savings' Banks, Commis - missioners of Na tional Debt, and Dividend Ac counts) 6,301,774 Other Deposits ... Seven Day and other Bills .... nuity) £11,281,376 Other Securities 19,206,940 Notes Gold and Silver Coin 668,851 783,705 £41,635,557 M.l' :ARSHALL, Chief&%6lise'rs.s7 Dated June 2,1839. AVERAGE PRICE OF SUGAR. The Average Price of Brown or Muscovado Sugar, com• puted from Returns made in the week ending the 31st day of May, 1859, exclusive of the duties of Custpms paid or payable thereon, on the importation thereof into Great Britain : Per cwt. From the British possessions in America 2ss Qd Muscovado, the produce of the Mauritius 28s 6d Muscovado t the produce of the East Indies —s —d Average price of the. foregoing 26s 81d THE MURDER 1N HEREFORDSHIRE. FRIDAY AFTERNOON. This morning the magistrates resumed their examination of John Isaac Jones, the accused mur derer. The first witness was Jesse Hughes, clerk to the guardians of the union of this town, who deposed that prisoner became porter at that union on the 6th November, 1856, and remained in that employ ment until March 24, 1857, at a yearly salary of £l2 and rations. When prisoner went to be clerk at Mr. Masefield's witness lent him £3, which prisoner repaid him. The magistrates refused to admit upon the depo sitions a testimonial to character which witness had received from the Birrnineam workhouse. When prisoner became a porter here, stating that after what the master of the Birmingham workhouse had on the day before said with reference to the incomplete extent of the information of himself and others whe• gave testimonials to Jones when he left Birmingham, such a testimonial was of no value. Their worships, however, consented to record upon the depositions the application of thQ pri soner's solicitor that the testimonial might form a part of the depositions. J. 11. Deakin deposed that at about half-past nine on the morning that the murder was disco vered he waa in the back kitchen of Mr. Mase field's offices when the child Payne was brought through out of Mr. Bowkett's house to be examined by Superintendent Tanner and others in another room. Prisoner was also in the back kitchen, and said, " What is the use of that child's evidence P" Witness replied, " Her evidence would be as good as anybody's." Jones repeated his former remark. As soon as the child was taken back into the inner room prisoner proceeded to the closed door, took off his hat, and bending down his head, listened to what was going on inside with consider able eagerness. Prisoner then opened the door and went in. He seemed a little agitated and looked pale. Cross-examined—Prisoner knew that witness could observe him listen. Superintendent Geo. Tanner of the Herefordshire constabulary, was next examined. He deposed to what he saw at Mr. Masefield's office when called in on the morning after the murder, especially with reference to the appearance of the body and the state of the house and drawers. Was satisfied that the house was not entered by violence. Found on a shelf at the back of deceased's house a black wine bottle containing about a pint of gin. The burning body, when he found it, seemed to be clad in the customary daily garb. Produced the bludgeon that had been found locked up in prisoner's box, also the cord found under the body, and a large i knifo r. that might have broken open the drawer chest of Masefield's office. The knife he found in drawers in Mrs.l3aker's sitting-room.6d F . o a N u N o n r d t h £ l o O f in gold, more than ss. in silver, stamps' of the value of postage stamps, boob,ceip t h t ei 5d., with also a paolicdkelt.e ings of the prisoner, fromcemed to be fully set forth, the day of his arrest, n day w' ofiwhich h the th e m P u r r o d e e e r e tdo s but in which the previ ous entries were of a class different from th ose e i s an entry, " accidmuch rarer. ent," and in Early in the book wards, Prreevferred to, and " amputation." [Prisoner a few days af it will be remembered, had stated that the injuries which cos t him his leg were inflicted by bushrangers in an attack upon him and his party in the Austra lian gold fields.] From the place where the bunch of three keys were found by young Mr. Masefield, a person might easily proceed to the bend of the walk in Mr. Masefield's paddock and throw a packet (of small coins), such as was found by Mr. Burden, into Cabbage-lane. It would then have to be thrown across Mr. Burden's garden. In that case he should think that the packet would have been found broken, but if the packet was found compact, he should infer that it was not thrown from the place of which he had spoken. At the same time, he understood that the money was enveloped in three several pieces of paper. In his cross-examination, witness said that if a person had thrown over the money at the point mentioned, the person so doing might, if any one was about on Mr. Masefield's premises, be seen doing so. By Mr. Higgins, magistrate—Had had pointed out to him the spot where Jones had alleged he found the key of the back door. Should suppose that if anybody had previously passed over the same spot they must have seen the key. At the same time the key was not bright. Mr. Underwood, the coroner, here entered the room. He stated that he desired to avail himself of the presence of the representatives of the press to make some inquiries respecting a statement that had been published as having fallen from Mr. Hey wood, one of the magistrates, during the first exa mination of the prisoner after the inquest. Mr. Heywood here explained that on the occasion referred to he had referred to Mr. Underwood as an articled attorney's clerk, supposing improperly that he now occupied that position in his uncle's office in Hereford. At the same time he was not aware, until the day after he so alluded to Mr. Underwood, that he had stated anything which could be construed as offensive by Mr. Underwood, as he had the utmost respect for gentlemen occupying the position of articled clerks to solicitors. In his remarks he desired only to prevent the two courts from clashing. He had only to express his deep regret if anything that he had said could be offensive to Mr. Under wood, who of course was a fully accredited solicitor and most respectable. Mr. Underwood said that he had seen the remarks of Mr. Heywood reported in a London daily paper, and he had considered them very offensive to him in his professional capacity. Mr. Heywood—l can most heartily say that I did not mean it. As a gentleman to a gentleman, the coroner as cepted Mr. Heywood's explanation. (Applause.) The Coroner was then sworn as a witness, amd read the prisoner's deposition given at the inquest before he was arrested. The proceedings were being continued when our reporter left. There was only one more w itness for examination, at the conclusion of whose testilnony the bench intended to commit the prisoner on the charge of the wilful murder of Harriet Baker, the deceased. COUNTRY IkfA.RKETB. LIVERPOOL—JUNE 3. The arrivals from Ireland and coastwise during the past three days have lven rather fair of oats, but otherwise quite insignificant. From foreign ports we have receive& 9,647 quarters of wheat, 360 quar ters beans, 1,280 quarters Indian corn, and 17,567 sacks flour. The exports, iu the same time, comprise 238 quarters of wheat, 442 qrs barley, 1,773 qrs Indian corn, 1,337 sacks and 827 barrels flour. The trade has continued in a most stagnant state since Tuesday, and prices nominal, with scarcely a transaction reported. The weather this morning is wet. We had a thin attendance of dealers at our market to-day, and a verY slow demand. Wheat and flour may be quoted at late rates. All other articles unchanged. WAKEFIELD —JUNE 3. The arrivals of grain were of fair amount, but busines in wheat was slow, at last Friday's quotations. The same also may be said of flour. Barley . almost nominal in price. Oats and other articles rather easier. Wheat, per qr. of 8 bushels 601 b., Esse; Suffolk, and Kent, white, old, 54s to 56s ; new, 535 - to 555; ditto York , red, old, 47s to 49 5; new, 44s to 49s ; Lincolnshire and shire white, new, 45s to 47s ; red, 41e to 475. Averages for the week : Wh ea t 2,929 qrs., at .. 53s 9d 61d Barley.... Beans Peas ••• • It Oats 3O ~ Rye —s Od . 28s 10d ' -s Od KNARESBOROTJGH—JUNE 1. There has been a good suly of grain at market to-dap —White wheat, 6s 3d to is 6d per bushel ; red, 58 Od to by 6d ; beans, 6s Od to 6s 6d ; barley, 30s Od to 36s ; oats, 261 to 30s Od per qr. MANSFIELD—JUNE 1. There was a small supply of wheat to-day, and afa r business at the annexed prices :—White wheat, from 66 6 Od to 60s Od per qr ; red, 52s Od to 54s Od ; beans, 46s Od to 48s Od ; barley, 28s to 32s Od per qr. ; oats, 26s to 275. EXETER—JNNE 3. 1 The business was limited, at the following prices : Wheat, white.. 6s Od to 6s 3d Barley.. 4s Od to 4 s 31 I Ditto red .. 6s Od to 6s 6d Oats ..... 3s Od to 3s 3d Flour, fine, 36s to —s ; seconds, 34s to --s per sack. CATTLE—The market was poorly supplied with stock. A moderate attendance of farmers. Pork carcases in fair supply. Fat beef,p score,9s6d to 10s6d Ewes per lb 5d to 0 1 Pork carcases, dohs 6d to 7s 6d I Wothers, do.. 6d to Od Lambs, per lb. 8d to Od Fat calves, do ....41d to 6d Rough fat, 41d per lb. BRISTOL SUGAR—JUNE 3. There has been a fair demand thisweek for every della*. tion of West India sorts, importers having submitted to a further reduction in prices ; fair to good brown re descriptions descriptions at 36s to 38s ; middling and very good to 3' 39s to 40s 6d; and grocery . kinds chiefly from 38s to 435, with a few boards of crystallised . Demeraras at 41s to 448. In floating cargoes we have not heard of any sales this week. Refiners' produce continues quiet. Rum is still neglected. COAL MAR} (Prices of Coal per Ton at :ET—JUNE 3. the close of the market.) Walls End. s. d. Earsd en Hartley 15 6 Hastings Hartley 17 0 Walker Primrose 13 3 Tanfield Moor 13 0 Byass's Bebside West H. d. Haswell .... ..........17 0 Hen& Hall . 6 0 Eden Main . . ......... 15 6 Russell's Hetton ...... 16 0 South Hetton ....... .. 16 3 .. 17 0 Thorpe F ram wellgate South Hartlepool. .....15 0 9 Braddyll's Hetton ..... 16 Hetton.... .......... 17 0 Lambton. ............ 17 0 Caradoc ... .. . . ... 16 0 Bi rc hgrove Graigola: ..20 0 Hunwick ............. 15 9 West Hetton ..16 3 K Be e n ipe so r n 1 1 65 6 0 Cassop . 16 0 133—Sold, ill. Hartley l7 0 Holywell 16 0 Ward's West Hartley l5 9 Walls End. Whitworth l6 0 Kelloe l6 . 3 Byron .16 0 Gosforth l5 3 Harton l5 3 Trimdon Hartlepool-16 3 Riddell 15 6 Eden 16 0 . :16 6 South ließoe ...... Ships at market [ADVERTISEMENT.] —We are happy to quote the follow ing interesting information from Du Barry's report on cures of indigestion (dyspepsia), flatulency, constipation , nervous, bili ou s, and liver complaints, cough, asthma, c on ' sumption, and debility, without medicine, by Du Barry's Revalenta Arab ica Food :—Ei g ht y ears' dyspepsia, ner vousneis, debility, with cramps, spasms, and nausea, for which my servant had consulted the advice of many, ha" been effectually removed by Du Barry's Revalenta Arabic* Foal, in a very short time. I shall be happy to answer anY i n quiries.—Rev. John W. Flavell, Ridlmgton Itraa t°r Y' Norfolk. Cure 18,216. Dr. Andrew 'Lire of constipation, dyspepsia, nervous irritability. Cure 36,212. Captain Allan of epileptic fits. Cure 42,116. Major Edie, of or largement of the liver and total prostration of strengto• Cure No. I,6o9.—Three years of excessive nervousnosaf with pains in my neck and left arm, and general debili/9 which rendered my life very miserable, has been radio removed by Du Barry's Revalenta Arabica ' Alexander Stuart, Archdeacon of Ross, Sibbereen• In tins, at ls. 6d. ; 11b., 3s. ; 21b., 58. 9d. ; 51b., 125.; 1 211 " 265. The 101 b. and 121 b. tins carriage free, o n receipt of pos office order. Du Barry and Co., 77, Regent-street, Londo. Fortnum, Mason, and Co., 182, Piccadilly ; Abbis, 6th Gracechurch-street ; 4, Cheapside ; 63, and 150, Oxfora street ; 330 and 451, Strand • 49 and 60, Bishope: street ; 85, Tottenham-court-road. Also at Bewley and Draper ; at Edinburgh, Raimes and at Liverpool, Nixon and Thew ; at Manchester, liar is Scott; at York, Raimes, Blanchard, and Co.; at So 141 ampton, Randall and Son. BIRTHS. LARKINS.—On the 3 d inst. at 24, Welbeck-street, the wife of Lieut.-Colonel W. H. Larkins, late of Bengal Military Forces, of a daughter. M ONSO ON.—O the 2d inst., at the Grange, BedaMONSOON. —On shire, the Hon. Mrs. I. J. Monsoon, of adaughter. .—On the 3d inst. at 8, Clarendon -road, Victoria w oad, Kensington, the wife of Alfred We gall, Esq., of a daughter. WYMAN.—On the 2d inst., at Devonshire -road, Upper Holloway, the wife of Mr. Charles Wyman, jun., of a daughter. MARRIAGES. CRUTTENDEN—SNELLING.—On the Ist inst., at Bramley Church, the Rev. G. W. Cruttenden, eldest son of Robt. Cruttenden Esq., of Southampton, to Mary CatherineL the oldest daughter of the late George Snelling, Esq., or Bramley, Surrey. WiLsorr—BowmArr.—On the 2d inst., at St. Bride's, Liverpool, James Archibald Ker Wilson, to Mary Aanest eldest daughte r of the late Jonathan Bowman, Bscl.t 11. D., Liverpool. DEATHS. DUNTIAR.—On the 30th ult., at Southampton, Arthur, th e youngest son of the late Robert Nugent Dunbar, Esq., EN uf aL M; N c D h : e_rm o on tale re, N 33. e 30th ult., at 15, Ciulogan-place, T. England, Esq., aged 75. ENGLAND.—On the Ist inst., Mr. England, of Binhalut Norfolk, aged 76. FORTESCUE-KNOTTESFORD.—On the 31st ult., a t Alves ton, near Stratford-on-Avon, the Rev. F. Fortescue .Knottesford, rector of Billesley, aged 67. GRIMES.—On the 2d inst., at 35, St. James's-place, Edivd. Grimes, Esq., late Auditor-General of Victoria, ___---- LONDON : Printed and Published by MURDO YOUNG, of No. 112, Strand, Printer, at The Sun Office, No. 112, Strand, in the Precinct of the Savoy, in the county of Middlesex, Saturday, June 4, 1f359.