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

LAW INTELLIGENE,Tune 3. EQUITY COURT. (Before Vice-Chancellor Sir W. P. Wood.) INGRAM V. STIFF.-" THE DAILY LONDON JOURNAL." Mr. Rolt (with whom was Mr. Speed) moved for an injunction to restrain the defendant Stiff from printing, publishing or selling any newspaper or other periodical under the name of the Daily Lon don Journal, or under any name or style of which the words " London Journal" should form a part, and from doing or committing any act or default that might tend to lessen 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 coin . and the assignment of the property regis biked, As a part of the transaction the defendant Star 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 publishing thereof.' , The London Journal 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 Ist June the defendant, had, however, commenced the publication of another i ienny 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 viol ition 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 cmduct. He had been guilty of that which justified the court in grantin g 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.) I\ 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 on 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 restraining the defendant from prtnting, 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 bring 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 Daily Journal without the word " London." COURT OF PROBATE AND DIVORCE. (Before the Judge Ordinary.) MAUD (IN FOR3IA PAUPERIS) V. MAUD.-SPECIAL 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 and 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 £200." 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. Wara 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 sent her to school, first at Clapham and afterwards at Peckham. She remained at the latter place till 185 7, and since then it was feared she had been leadin g an immoral life, which was allegep to be the reason w h y h er father had excluded her from all benefit under his property. On the other side it was contended that the de fendant left her husband, was addicted to drink ing, and that she was a person of very overbear ing temper. For the single offence of going with out leave to the Crystal Palace, she had virtually deprived her daughter of her home. A great deal of evidence was given to substantiate these charges against the defendant and to show that she was likely to have compelled her husband to execute the codicil. His lordship, in summing up, censured 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 wimotlierl.y. At th e same e jury had to t ry , time that was not the issue tia. 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 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 of adultery. Dr. 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 18.57 the respondent formed an adulterous connexion with a woman named Jane Higgs, with whom he was living as man and wife. Tne jury having found the fact of adultery, His lordship decreed the separation, with costs. POLICE INTELLIuENCE — 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 arras 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 inn 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 everything 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; but 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. 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 which 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, Wimp°le 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 R. 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. Garden—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 ? Prisoner--Please, sir, I was singing, and that's all. A gentleman threw me two farthings, and I went to pick them up. s Mr. Long—l shall let you go now, but if you go about begging and are brought here again you will be sent to the House of Correction. SOUTHWARK.—WiIIi am Pryme, of the 81st Regiment, ju s t returned from India, was charged with unlawfully jumping ing out of a carriage on the South Eastern mifiirlwoemsa- an hour hoiuler.the train was going office of Mr. Rees, the company's solicitor, attended to prosecute. at 'Jr. the rate ßo bin of s 0 3 n 0 , George Cox, a guard in the co m p any ' s serv i ce, said he had charge of the train, whi c h l e f t at a r pisoner was a second-class passenger , and quarter to nine on the Previous ger, morn ing.when The the train left the Erit h station h e saw him in the carriage and the door was closed. When they had got about 600 yards from Erith, and the train w as 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 banded the prisoner to him, telling him to take him to the superintendent's office at London-bridge, as lie 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 him a bottle half full of whisky, and ho was half drunk when given into custody. The prisoner said he had been in the army 19 years, and had recently returned from India. lle 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 some years, he did not feel inclined to punish him with any kind of severity ; but he must punish him as an example to him and others for the future. He must pay a penalty► of ss. The prisoner paid the penalty, and thanked his worship for his leniency. SIR JOSEPH HAWLEY' S TURF CAREER. BY " ARGUS." Few of our readers who have been racing any period of time can have failed to remark a short gentleman, 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. 7to 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 larme sum in addition, as the market was so un wholesome for some time about her as to give him hut little ;encouragement to back her for a stake. The week after this race he gave an instance of his pluck and desire:to have the best animals that money could purchase, by buying Mendicant of Mr. Cully 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 hiin in the deep ground, and he was very 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 `Larson he was as sure to ride the winner as he had done Teddington. But Job 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 portion of his stud, and took to breeding at Leybourne, his estate in Kent, wher e 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 he had lost to him. This simple incident will give 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 Derby with Fitzßoland and Beadsman in 1858, which are of too recent date to require recapitulation, clearing in bets also what Captain 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 jo c k ey i s s i mp l y t o b e i n readiness to ride. His boys, like Lord Exeter, he weighs himself. By this means curiosity is repelled, and his own judgment is allowed to act unfettered. But, when success uf:pNlowniciethamhadins: horses, few, if any masters are so liberal to their servants : and he never dwells 1 1 defeat. Jo J se o p b hl Marson used to swear b d y a - y l . fim ,, , N a e n v d er p s r a e y fe s rr a e n d yt l ia ii i m lslir 7 , any other master. on Confessor for the Two Th g ou . sa h n le d i , la h esn e su m lrie e e r d e p l u y ust sa om i n d ee , Job, you stand a hundred pounds to nothing with me. lam not sanguine,' and I was nowhere. And on the Thursday, when I was getting on Aphrodite Thousand, a and s , l l , ie simply remar k e d, Job, ou did on th e h orse ; you 'll yfwboiruntsihnteaanOdncatenhTte m canter, which; I did." With Teddingtou, also, he behaved wit 'n. the utmost liberality and munificence to him; libr after he had given him his offer which of the pair he would ride, and Job told him with a smile, that he rather preferred Tedding• ton, he said, You stand a thousand t_rooonmothafitn: with me about hill a, and another thousand with the he had ° w f o t n he a l i l i ors dq gad thel sc n aled out, wei he told him to " put the friends' thousand down to myself," and he. gave him a check for the whole a few days after wards, which Jobe invested in land in 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, frortt 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 £5OO, 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, Thella, and Fright. Betting-5 to 2 each agst Sedbury and Pan, sto 1 agst Odd Fellow, 10 to 1 agst tizella, 100 to 6 agst Fright. Won by, a head, a neck between the second and third ; trzella 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, Sst 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) 1 Mr. J. Clark's Scent (J. Mann) 2 Mr. J. Lowe's Wild Rose (L. Snowden) 3 Mr, W. S. S. Crawfurd's Mayonaise (Wells) 4 The following also ran : 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 (Ashmall) Lord Glasgow's f by Orlando—Physalis dam (Aldcroft) Mr. Merry's Meg Merrilies (French.) Betting at starting-6 to 4on Mayonaise, 4to 1 agst Summerside, 7 to 1 agst Ariadno, 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 RACE. Directly Mr. Hibbard 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 Mayonaise 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 cnly. 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 TIIE PLACED HORSES. SUM3IERSIDE 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. "'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 sovs each, with 100 added, for 3-yr-olds ; colts, Sst 71b ; fillies, 7st 41b. Allowances and penalties. Last mile of the Derby course. 23 subs. Mr. F. Robinson's Aetwon, by Newminster, Bst 71b (A. Day) 1 Mr. J. Scott's Uralian, Bst Tat (Ashmall) 2 Mr. I'Anson's Balnamoon, Bst 71b (R. I'Anson) 3 Emotion and Oceanus also ran. Betting-6 to 4on Aetwon, 4to 1 agst Uralian, tnd sto 1 agst Oceanus. Aettron 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 sovs (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 (VT. Bottom) 2 Count Batthyany's Adulation, 3 yrs,Gst 101 b (W. Bradley) 3 The following also ran :—Nutfield, Lincoln, The Re. formed, Vulture, Feodrowna, and Balloon. Betting-6 to 1 ag,st 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 Nutfield 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, 7st 91b (£5O) (Fordham) 1 Mr. Harrison's Spiteful Dick, 6 yrs, 7st 71b (£5O) (Norman) 2 Mr. Challoner's Fusee, 3 yrs, 7st (£5O) (Mortimer) 3 The following also ran :—Our Bet, Villaret, Jenny Long legs, Ladybird, Franseombe, Confusion, Idler, and Sister to Abron. Headland weighed for Orianda, 5 yrs, Sst 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, 7 to 1 agst Jenny Longlegs.. Idler broke away and delayed 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, &c. One mile. 6 subs. Mr, Blanton's Polly Johnson, 4 yrs, Bst 51b.... (French) 1 Mr. Brazley's Mushroom, 3 yrs, Est 101 b.. (L. Snowden) 2 Mr. Johnstone's Orianda, 5 yrs, Bst 61b.... (Headland) 3 Mr. Matthew's Donna Carmen, 2 yrs, 6st 131 b (Mitchell) 4 Betting-6 to 4on Mushroom, and 3to 1 agat 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. LF.GER. 3 to 1 asst 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 Hon. Admiral Rous, Arthur Heath cote, Esq., and C. H. Carew, Esq., the stewards of the meeting, in Mr. Dorling's office, at the Grand Stand. The jockeys examined were Wm. 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 Glenluco 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 explanaticn. 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 I resent 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) 44 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 Blue Jacket Pensioner Adamas Jealousy 5 7 2 Rogerthorpe Misty Morn Clara Webster 3 6 13 Worcester Tame Deer Accurate 4 6 8 Supple jack Compromise Age st lb Prince of Denmark 4 5 13 Princess Royal 4 5 13 Minster (inc. 711 ex) 3 5 6 Bellefield Sweet William Ella 3 5 2 Rouble Brown Holland (in chiding 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, her Majesty's Envoy 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 Edward 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 file Reverend William Shanks to the church and parish of Maryhill, in the presbytery of Glastow, vacant by the transportation of the Reverend John Colvin, late Minister thereof, to the church and parish of Kirkmabreck.i CROWN-OFFICE, MAY 28. MEMBERS RETURNED TO SERVE IN THE -PRESENT PARLIAMENT. Through 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 Adolphus 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 bs Captain, vice Palliser, who exchanges. Royal Artillery—Brevet-Major Robert Talbot to be Lieu tenant-Colonel, vice Montresor, deceased; Second-Cap- taro 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-Keene. 6th Foot—Alfred Teevan, Gent., to be Ensign, by purchase, vice Morland, promoted ; 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 beEnsign, by purchase, vice Flood, promoted. Bth Foot—Wm. Albert Bridge, Gent, to be Ensign, by purchase, vice Page, promoted. 12th Foot—Capt. Compton 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. do Voetlogan 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 slim 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 be Ensign, by purchase, vice Vivian, promoted. 23d Foot—Ensign Jas. Clayton to be Adjutant, vice Lieut. Gregorie, who resigns the Adjutancy only. 26th Foot-ICapt. 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 Mildmay, 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 Ruxton, 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 ley Bird, Gent., to be Ensign, by purchase, vice Bartt 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 Foot—Ensign Henry Davies to be Lieutenant, without purchase, vice Hudson, promoted in the 15th Foot. 69th Foot—Ensign Henry Charles St. h George to. be Lietu tenant, without purchaso;vice Alarcon, p ro moted in e 12th Foot ; Lieutenant RomaineF. Stirke utant to be Adj , vice Marcon, promoted in the 12th Foot. 70th Foot—Ensign Herbert John Hill to be Lieutenant, by purchase, vice Wright, whose promotion, by purchase, en the 25th March, 1859, has been cancelled. 74th Foot—Edwin Augustus Windsor, Gent., to be gn En 77ty purchas, vice Pa vy, promotd.' Foot—Ensign eßeginald H os kins toe be Lieutenant, by purchase, vice Hill, who retires. 80th Foot—Lieut. F. Brown Numa C ra ufurd to be Adju tant, vice Borrowes, promoted. 82d Foot—Captain Edward M. Palliser, from_ the Military Train, to be Captain, vi ce 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, pr 2 lnotecl_ to an Unattached without purchase; Lieut. Duncan Stewart to be Adjutant; vice Dartnell, promoted to an Unattached Company, without purchase. 99th Foot—Lieut. William Arthur Bond to be Adjutant, vice Clarksqn, premoted. Rifle Brigade-Captain. William Sampson, from half-pay U na tt a ched, to bo Capta i n , r epaying the difference,vice B re vet-1116jor Buller, was exchang es ; Lieut. Whalley Sampson, to be Captain, by purchase, vice almer ms who retires, Lieut. Robert Edward Stuart Harhigton to be Captain, by purchase, vice Lindsay, who retires ; L i eu t en ant Grevilie Charles Lan e t o be. Captain by pur chase, vice Robertson, who retires; Ensign John )3owle 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 moted 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,.lBsB, 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, 1818, 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-General HenryAddington Bayley. 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 Tebboft, Gent., to be Lieu tenant, vice Stares, resigned. Hampshire Yeomanry Cavalry—li illiam George Cra ven, Esq., to be Captain, vice Fleming, resigned. Hampshire Regiment of Militia—Francis 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 Aqy,.. 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 Julie 16, at eleven, 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, June 21, and July 5, at eleven, at the Shire hall, Nottingham. William 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 15, 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, 1359: 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 .... - X 31,570,715) f 31,570,745 RANKING D : Proprietors: Capi tal £14,553,000 Rest ' 3,160,84 01 Public Deposits (in cluding Exche quer, Saving:s' Banks, Commis ruts sioners of Na tional Debt, and Dividend Ac- EPARTMENT. Government Secu rities (including DeadWeightAn uuity) £11,281,376 Other Securities 19,206,940 Notes Gold and Silver Coin 668,851 counts) 6,301,774 Other Deposits 16,836,238 Seven Day and other Bills 783,705 £41,635,557 £41,635,557 .RSHALL, Chief Cashier. Dated June 2, 1859. 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 Customs paid or payable thereon, on the importation thereof into Great Britain : Per cwt. From the British possessions in America 2ss 6-pi Muscovado, the produce of the Mauritius 2Bs 61d. Muscovado,. the produce of the East Indies -- t s 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 Birmingham 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 who 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 the pri soner's solicitor that the testimonial might form a part of the depositions. J. H. 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. Maze 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 ?" 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 examined—Prisoner k new th a t w it ness p could ob-servehim 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 knife that might have broken open the drawer in Mr. Masefield's office. The knife he found in a chest of worth f drawers in Mrs. Baker's sitting-room. Found xl of in gold,.more than ss. in silver , s s. 6 d . of the value of postage stamps, and receipt s . tamp. 5d., with also a pocket-book, e in da w y h ings of the prisoner, from th entries were of a class but in which the previous d the day of his arrest, seemed to be o sie f h the the m p u r r o d c e e r e t d O e an fu d lly mu s o e h t r f a or r t e h r. , different from those.reafenrreentry, " accident," and in Early in the book is ds 6' amputation." [Prisoner a few days afterward, w 'h e a r d e in stated that the injuries inflicted by bushrangeri it rr hi w e i o b o e s t r e h le hi his lea 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 a ny 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 h e d es i re d to avail himself of the presence of the representatives of the press to make some inquiries respectiry , 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 hi s 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, 'ln 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 be 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 ac cepted Mr. Heywood's explanation. (Applause.) The Coroner was then sworn as a witness, and 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 witness for examination, at the conclusion of whose testimony the bench intended to commit the prisoner on the charge of the wilful murder of Harriet Baker, the deceased. COUNTRY MARKBT& LIVERPOOL:—JuNn 3. The arrivals from Ireland and coastwise during the past three days have been rather fair of oats, but otherwise quite insignificant. From foreign ports we have received 9,647 quarters of wheat, 360 quarters beans, 1,280 quarters Indian corn, and 17,567 sacks flour. The exports, in 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 s 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 691 b., Essex, Suffolk, and Kent, white, old, 54s to 56s ; new, 535,t0 55s ; ditto, red, old, 47s to 49s ; new, 44s to 49 s ; Lincolnshire and York shire white, new, 45s to 47s ; red, 41s to 475. Averages for the week : Wheat 2,929 qrs., at 53s 9fd 8ar1ey......... 84 „ 34s 61d Beans _ . Peas Oats 3O ~ Rye -8 Od 288 10d —s Od KNARESBOROUGH-JUNE 1. There has been a good supply of grain at market to-day. —'White wheat, 6s 3d to 7s 6d per bushel ; red, 5s Od to 58 6d ; beans, 6s Od to Gs 6d ; barley, 30s Od to 365; oats, 26s to 30s Od per qr. MANSFIELD—JuNE 1. There was a small supply of wheat to-day, and a fair business at the annexed prices :—White wheat, from 563 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. The business was limited, at the following prices : Wheat, white.. 6s Od to 68 3d Barley .. 4s Od to 4s 3 d I Ditto red 6s Od to 6s 6d Oats ....... 3s Od to 38 3d Flour, fine, 36s to —8; seconds, 348 to —8 per sack. CATTLE—The market was poorly supplied with stock. i A moderate attendance of farmers. Pork carcases n fair supply. Fat beef,p score,9s6d to 10s6d Pork carcases, dohs 6d to 78 6d Lambs, per lb. 8d to Od Rough fat, Ewes, per lb 51d to 01 Wethers, d 0...... Gd to Od Fat, calves, d0....4id to 5d 4td per lb. BRISTOL SUGAR—JUNE 3. There has been a fair , demand thisweek for every descrip tion of West India sorts, importers having submitted to a further reduction in prices ; fair to good brown refining descriptions at 36s to 38s ; middling and very good ditto, 39s to 40s 6d ; and grocery kinds chiefly from 38s to 435, with a few boards of crystallised Demeraras at 41s to 445. In floating cargoes we have not heard of any sales this week. Refiners' produce continues quiet. Rum is still neglected. COAL MARE (Prices of Coal per Ton at s. d. :ET—JuNE 3. the close of the market.) Wails End. Earsden. Hartley 15 6 Hastings Hartley l7 0 Walker Primrose 13 3 Tanfield Moor 13 0 Byass's Bebside West Hartley .17 0 Holywell 16 0 Ward's West Hartley l5 9 S. d. Haswell..... l7 0 Heugh Hall 16 0 Eden Main .....15 6 Russell's Hetton 16 0 South Hetton 17 0 Thorpe Framwellgate 15 9 South Hartlepool. 15 9 Braddyll's Hetton 16 0 Hetton. 17 0 .17 0 Lambton ... • ........ Caradoe ... ...•. . . l6 0 Birchgrove * Graigolti 2O 0 Hunwiek ...... . l5 9 West Hetton l6 3 Benson.... l5 0 Cassop . ..... . l6 0 Koip e r Grange .... • l6 6 ;, 133—Sold, 111. Walls End. Whitworth 16 0 Kelloe l6 3 Byron .16 0 Gosforth l5 3 Harton Trimdon Hartlepool 16 3 Riddell 15 6 Eden l6 0 South Kelloe ' 16 6 Ships at market, to quote the follow ing interesting inform (dyspepsia), flatulency, constipation, [ADVERTISEMENT . ] cures of indigestioll. liver —Wfoenarferohmapplu Barry's report on complaints, cough, asthma, con sumption, without medicine, by Du Barry's Arabica Food E'ght years' dyspepsia, ner- Revalenta n sum erv p o t u i s o , n ,i a l n ion d debility, debility, with craMps, spasms, and nausea, for vousness, ffectually removed by Du Barry's Revalenta Arabica which my servant had consulted the advice of many, have been Food,e i n a very short time. I shall be happy to answer any 'nquiries.—Rev. John W. Flavell, Ridlmgton Rectory, 'Norfolk. Cure 18,216. Dr. Andrew Ure of constipation, dysp eps i a , nervous irritability. Cure 36,212. Captain Allan of epileptic fits. Cure 42,116. Major Edie, of en largement of the liver and total prostration of strength. Cure No. I,6o9.—Three years of excessive nervousness, with pains in my neck and left arm, and general debilityr which rendered my life very miserable, has been radicallY removed by Du Barry's Revalenta Arabica Food. Alexander Stuart, Archdeacon 'of Ross, Sibbereen. In tins, at Is. 6d. ; 11b.,' 3s. ; 21b., ss. 9d. ; 51b., 12s. • 1211 3 ., 265. The 101 b. and 121 b. ti ns carr i age f ree , on re ceipt Of post office order. Du Barry'and Co., 77, Regent-street, London. Fortnum, Mason, and Co., 182, Piccadilly Abbis, 60, Gracechurch-street ; 4, Cheapside ; 63, and 150, Oxford' street ; 330 and 451, Strand 49 and 60, Bishopsga street ; 85, Tottenham-court-road. Also at Dublin!te- Bewley and Draper ; at Edinburgh, Raimes and Co. at Liverpool, Nixon and . Thew ; at Manchester, Sharp and Scott; at York, Raimes, Blanchard, and Co. ; at South ampton, Randall and Son. BIRTHS. LARKINS.—On the 3d inst., at 24, Welbeck-street, the wife of Lieut.-Colonel W. H. Larkins, late of Bengal Military Forces, of a daughter. MONSOON.—On the 2d inst., at the Grange, Bedale, shire, the Hon. Mrs. I. J. Monsoon, of a daughter. WEIGALL.—On the 3d inst., at 8 , Clarendon - roa d, Victoria road, Kensington, the wife of Alfred Weigall, 85c1.7 °` - daughter. WYMAN.—On the 2d inst., at Devonshire .road, trner Holloway, the Wife of Mr. Charles Wyman, jun., " daughter. York- MARRIAGES. CRIITTENDEN—SNELLING.-011 the Ist inst., at Bra& o Y Church, the Rev. G. W. Cruttenden, eldest son of Itobt. Cruttenden, Esq., of Southampton , to Mary Catherine, the eldest daughter of the late George Snelling, Esq., o f Bromley, ,Oirrey. WlLSON—BolvmAx.—On the 2d inst., at St. Bride's , Liverpool, James Archibald Ker Wilson, to Mary Agnes, , eldest daughter of the late Jonathan Bowman, Esq. M.D., Liverpool. , DEATHS. DUNBAn.—On the 30th ult., at Southampton, Arthur, the youngest son of the late Robert Nugent Dunbar, Esq ., of Machermore, N.B. ENGLAND.—On the 30th ult., at 15, Cadogan-place, T. England, Esq., aged 75. ENGLAND.—On the Ist inst., Mr. England, of Binharap t N ioin o n r ,o f t o nt lk eesa , fro a r g sd e t, aged 76. FORTESCUE-KNOTTESFORD.—On the 31st ult., at .Alve raretfeotrodr of -on-Avon, F. Fortescue- GRIMES.—On the 2d inst., at 35, St. James's -place, Edwd. Grimes, Esq., late Auditor-General of Victoria, Austra lia, aged 47. _ - LONDON : Printed and Published by isIURDO YOUNG, of No. 112, Strand, Printer, at The Sun Office, No. 112, of Strand, in the Precinct of the Savoy . , in the county BA Wiese; Saturday, Ante 4, 1859.