The Sun. — London, England, 1844-08-06 00:00:00

-----_, 9 T THE SUN, LONDON, TUESDAY EVENING, AUGUST 6, 1844. HOME CIRCUIT Guildford, Monday, August . CIVIL SIDE. (Before Mr. Baron PARKE and a Special Jury.) ROBERTS V. DENHAM. This was an action brought by the plaintiff, Melville Roberts, against the defendant, Frank Denham, to re cover compensation in damages for a breach of his pro mise to marry her. Mr. Sergeant Shee and Mr. Lush were for the plain tiff, and Mr. Platt appeared for the defendant. Mr. Sergeant SHEE addressed the jury, and said that the plaintiff was a most respectable young lady, and at the time of her becoming acquainted with the defendant she filled the situation of governess in the establishment of a gentleman named Evans. He was instructed by those who knew her during her period of supposed in tended happiness, and who were also acquainted with her in her misery, that she was a beautiful young woman ; and it appeared she was only twenty-one years of age at the time in question. The Learned Counsel proceeded to say, that the plaintiff filled the situation of gover ness in the family of a gentleman named Evans, who resided at Holyhead, but whose family were staying at Malta, and- sailed from that place in May, 1843, for England. The defendant was a pasienger on board the same vessel. He represented himself to be an officer in the service of the East India Company, and to be en titled to the rank of captain. He was a man about thirty-five years of age, and evidently occupied a po sition of honour and responsibility. He had very agree ab!e manners, and it was therefore not surprising, that he very soon made an acquaintance with the family of Mrs. Evans, and to Miss Roberts in particular he paid marked attention ; and there was very little doubt that before the vessel arrived in England, he had made her an offer of marriage which was accepted by her. Upon the arrival of the vessel at Southampton, Mrs. Evans and her family went to the Castle Hotel, and were ac companied by Capt.Denham. After remaining there a few days the defendant went to London, and from the letters that he wrote to the plaintiff at this time there could be no doubt that a very tender and affectionate intimacy existed between them, and that he intended to make her his wife. A short time afterwards the defendant re turned to Southampton, and he then requested Mrs. Evans to grant an interview with him, and upon her doing so, he made a formal offer cf marriage to the plaintiff, and expressed a hope that she would not offer any objection to the match. Mrs. Evans, being aware that the position of the defendant in society was higher than that of the plaintiff, very properly suggested to him the propriety of consulting his friends before he took the step he proposed, but his reply was that he was in dependent of his friends, and that he certainly should not consuls them upon the subject of the choice of a wife, and he at the same time offered to settle 501 a-year upon the plaintiff. Mrs. Evans, upon this, offered no objection to his acquaintance with Miss Roberts, and for several weeks he was consequently with her as her acknowledged suitor, and from the correspondence that passed between them at this time it appeared evident that they were upon the most affectionate terms. He left Southampton for Lon don in the month of August, 1843, and before he did so, he went so far as to request that the wedding dresses should be prepared, and every arrangement was made for the marriage to take place at Holyhead in October. The plaintiff looked forward to an honourable union with the man she loved, and remained in that expectation until the month of October, 1843, when she received the following letter from the defendant:— " London, Oct. 9, 1843. "I am sorry, dear Melville, that circumstances have occurred which make it out of my power to act as I then wished ; believe me, I have not so determined without due thought and mature reflection. I have lost much money at horse-racing, and the step from that to the mad excitement of the gaming-table was but short—need I say more. I must, of course, go out to China as soon possible, but as economically as possible. I could not take a wife with me, nor should I like to leave one be hind, as I may not be in England for, perhaps, the next ten years, probably more. Under all these circum stances, I think you will agree with me that I am acting the most prudent part, independently of the certainty of offending my family, which I should be very loth to do. Owing to the loss of the Memnon, I have received no news from abroad, and, of course, I am ignorant whether anything has come home for me from China—when I hear I will let Mrs. Evans know. The things you may either keep or send as you please. You have my most sincere wishes for your welfare and permanent happiness. I remain, your sincere well-wisher, " FRANK." The Learned Counsel proceeded. The jury might imagine the distress of this unfortunate young lady upon receiving such a cruel and heartless letter, and to show the real feeling of the defendant within one short month of the period when he informed the plaintiff that he could not take a wife with him to China, and did not like to leave one behind, he was actually married to another lady, who he was instructed was possessed of considerable fortune. Mrs. Evans, the protector of the plaintiff, upon being informed of what had taken place, and before the marriage of the defendant was made public, had remonstrated with him upon his conduct, but he persisted in his refusal to perform the solemn promise he had made, and the plaintiff had no alternative but to make the present appeal to a jury; and he (the Learned Counsel), called upon them to give such damages as would show the friends of the plaintiff and the world that she was not deserted by the defendant for any mis conduct, but that her character was pure and virtuous and without the slightest stain. The following witnesses were then examined : Mrs. Mary Theresa Evans examined. I am the wife of Captain Evans, who now resides at Holyhead. I know the plaintiff. Sho is twenty three years of age, and is engaged as gover ness to my younger children, and she accompanied me and my family to Malta in 1840, and we met the de fendant on board the steam-vessel on our return in July, 1842. He appeared to be about thirty-two years of age, and he informed me that he was a captain in the China trade, and that he had been abroad for seventeen years. He paid attention to all my family, but particularly to Miss Roberts, and they were favourably received. When we arrived at Southampton we went to the Castle Hotel, and the Captain went to London the next day,.and did not return until the 7th of August, at which period I re ceived a note from him, requesting an interview. We had taken private lodgings at this time, and Captain Denham came to live in the same house. When I had the interview with the defendant he told me he wished to make a proposal on behalf of Miss Roberts, expressed his admiration and affection for her, and asked my con sent to address her. I asked him if he had considered well what he was doing in making an offer to a person who was dependent, and he replied that he had; and when I alluded to the opinion of his family, he rephed he did not think he was bound to consult them, and added, that he had been independent of his family for many years, and should not consult them, or any one else, on the subject of taking a wife. I told him his situation was superior to that of Miss Roberts, and pointed out to him that the acquaintance was short, and asked if he would not take time to consider the matter. Before this he had offered to settle ha a year upon the plaintiff. He then told me that his mind was quite made up, and he was determined to marry her. He asked permission to visit Miss Roberts as her suitor, and she appeared very much attached to him. He remained in Southampton several days, and walked out with Miss Roberts. At this time the defendant's sister came to Southampton, but the defendant did not introduce Miss Roberts to her; and he told me he had originally in tended to do so, but had changed his mind, and thought it had better be deferred. The defendant went away from Southampton in company with his sister. We left Malta on the 26th of May, and arrived at South ampton in the beginning of July. I know that several letters passed between the plaintiff and the defendant, and the latter frequently talked to me about his marriage, and proposed that it should take place at Holyhead about the middle of October, and he expressed his wish that the wedding clothes of Miss Roberts should be ready; and ho added, that if she was not well provided he should be happy to place a sum of money in my hands for that purpose. I told him Miss Roberts had some money of her own, and if she required more I should willingly provide it. Wedding clothes to the amount of 20/. were actually purchased. I have not spoken to the defendant since. I saw him the last time at Southamp ton. The letters (produced) are his handwriting. In October, after I had seen the letter he had just before Fent to Miss Roberts, I wrote to the defendant and re monstrated with him on his conduct. Sergeant SHEE (to Mr. Platt)—Do you produce the letter? You have had notice. Mr. PLATT—No; we produce no letters. Examination continued—ln the letter referred to I told the defendant that I considered his conduct ungentle manly and cruel, and I received the letter (produced) in answer. Miss Roberts was very much affected when she received the defendant's letter, and has been ill ever since. The plaintiff has lived with me several years, and her conduct has been unexceptionable in every respect. Mr. GREENWOOD—The children under Miss Roberts's care were four, five, and six years of age. Her salary was 20/. a year. She was not nursery maid. I had a nursery-maid besides in my establishment. I had an other governess for my eldest daughter, who is fourteen years old. On the voyage home the defendant made no secret of his affairs. He said he was captain of a merchant vessel, that was wrecked on the coast of China, and the greater part of the crew were murdered, and he himself was taken up the country and tortured, and con fined for eight months. He also said that he and six others were liberated upon the conclusion of the war with China. He used to relate the history of his sufferings, and I have no doubt the children and the governesses listened to him. I knew that his sister was at South ampton, but, as Miss Roberts did not appear to desire an introduction to her, I did not interfere. The defendant said if the introduction took place his sister would ery, and there would be a scene which he did not wish to see. We all lived in the same house at this time. 1 told the defendant that I thought such unequal marriages were unwise, and that it might produce unhappiness if the lady were not received in his family. He told me that he had been seventeen years absent from England. Captain Evans examined—l have been for many years commander of a vessel belonging to the Government. I did not become acquainted with the defendant until his arrival at Southampton, when he told me that he ex pected to get 6,0001. compensation for opium that had been seized by the Chinese. He also said he had a few thousands besides, and consulted me as to the best mode to employ it ; and he likewise told me that he had freigi-;ted a ship, which he expected home very shortly. I did not com e h ome from Malta ; but my wife intro duced the Captain to me. I observed that ho paid Miss Roberts such attentions as are usually paid laymen to a wpman, witll whom they are on the eve of marriage. . eo l ted un ro e m rst c oo h d ins h . e ws Cross-examine&—llp (lid not tell me lie was in debt when he went to Lond on , an d th a t h e was go i ng to g et wal e money., Captain D enham going to nieet dined the ..e ~y , ,. s , s Southampton with his sister, ' ,l sintiff was VOSSei ..... with me several timb4 but Miss Roberts did not dine with us. about fourteen years old when she first came into our eryice ; but she never acted as a nursemaid. lier father was suddenly killed by an accident, and chiefly out of charity I took her into my establishment, where she behaved so well, and her conduct was so excellent in my establishment, that she was eventually trusted with the care of everything in the house. Re-examined—Miss Roberts dined with the children. By Mr. PLATT—The other governess dined with us. Mr. Richard Waltben, attorney for the plaintiff, pro duced a letter which he had written to the defendant, requiring him to make some compensation for the injury he had inflicted upon the plaintiff. He subsequently saw the defendant at his office, and he admitted he had done the young lady great wrong and offered her 501. as compensation, and at the same time said that he was married.—(The certificate of the marriage of the de fendant with Eliza Lacey on the 15th of November, 1843, at Nettleworth, in York, was then put in and read.) He afterwards saw the defendant at Dover, and told him that his client refused to receive the sum he had offered, and he then said he would give 2001. as compensation. Witness had no opportunity of consulting the plaintiff respecting this offer, as the defendant immediately em ployed a solicitor. At the time witness saw him at Dover he was occupying a house in Waterloo-crescent in one of the best situations in Dover. Cross examined—Witness went down to Dover to serve the defendant with process, as he was acquainted with bis person. Defendant did not say he would rather give 2001. than be prevented from going to China. Did not tell him that what he said would be used against him, but he advised him to consult his attorney. - The letters were then put in and read, and this closed the plaintiff's case. Mr. PLATT rose to address the jury for the defendant, and he observed that he was instructed at the onset to state that there was no intention to cast the slightest slur upon the character of the plaintiff, whom he be lieved to be, as stated by the witnesses, a virtuous and honourable young woman; and his only object would be to put the case in its real light before the jury, in order that, if they should consider the case made out, they should only award such reasonable damages as the cir cumstances of the case required. The Learned Counsel then proceeded, at some length, to comment upon the circumstances under which the intimacy had first taken place, and he admitted that the defendant had made a hasty promise, which, upon calm consideration, he felt it was impossible for him to fulfil. He contended that the plaintiff was not seriously injured, and said that, if she had been married to the defendant, it was quite clear that his family would never have countenanced her, and the union could only have been productive of misery and unhappiness. The Learned Counsel then went on to remark upon the case, his observations chiefly tending to induce a mitigation of the damages. Mr. Baron PARKE having summed up, the jury, after a short deliberation, returned a verdict for the plaintiff— Damages, 8001. THE BLOODSTONE CASE. HERBERT V. DAY. This was a feigned issue, directed by the Court of Queen's Bench, to try whether the plaintiff, the owner of the horse Bloodstone, or the defendant, the owner of another horse, called Old England, were entitled to stakes run for at the last Ascot races. Mr. Sergeant Channell, Mr. Petersdorff, and Mr. Lush, were for the plaintiff ; Mr. Platt and Mr. Willes appeared for the defendant. When the case was called on, Mr. PLATT intimated that both the horses in dispute were in the neighbour hood, and he suggested that the jury should go and see them. Baron PARKE thought it would be well that they should do so, but none of the jury must be allowed to speak to any person. Mr. PLATT said the attorney on each side had better accompany them. The jury accordingly retired, for the purpose of ex - amining the horses, and were absent for about half-an hour. Upon their return, the cause was proceeded with. pleadings, and said, thi s was an Mr. Lush opened the issue directed by the Court of Queen's Bench, to try whether a certain colt, named Bloodstone, which came in first in a race at the last Ascot races, was foaled in 1842, and whether its sire was a horse called Bubastes, and its dam a mare called Romaike. Mr. Sergeant CHANNELL then briefly addressed the jury, and said that the plaintiff in this action was an at torney, and the defendant was a trainer of race-horses, and the jury would, no doubt, understand from the pleadings, the nature of the case that would be- laid before them. It had become a matter of notoriety, that gross frauds were alleged to have been practised at cer tain races, but he was satisfied that this would not in fluence the jury, in coming to a decision upon the pre sent case ; but that they would decide upon the evidence that would be adduced, and which he had no doubt would satisfy them that the plaintiff's horse was really the horse he was reported to be, and that he was entitled to the stakes in the race he won. lie did not complain that any gentleman connected with the turf, who imagined that fraud had been perpetrated, should take the ne cessary steps to have a full inquiry, but surmises and pre judices ought not to be allowed to weigh against positive evidence. It would be his duty to lay before them all the circumstances connected with the birth, parentage, and education of the colt in question, and he had no doubt that he should be enabled, by the most satisfactory evidence, to make out that he was properly described. Upon his running the race, however, an objection was made to him, and the stewards took advantage of the power given them by the Act of Parliament to raise the present question for the decision of the jury. The Learned Counsel then said that in 1839, the mare Romaike was purchased by Mr. J. Newton, at Don caster, and was eventually used by Mr. Weatherby as his hack, but eventually she was sent to a horse be longing to Lord Exeter, called Bekaa], and in due time brought forth a foal. It would be shown that this foal had a remarkably handsome head, and from other circumstances was well known. In 1842 the same mare was sent to Bubastes, having at the time the former colt at her foot, and in April or May, the colt in question was foaled. They were both chesnuts, but the latter was more of a racing kind of colt, and it would be shown, besides a white blaze up the face, had two white hind heels, and as he was instructed this was the colt that had been entered for the race at Ascot, and which was entitled to the stakes. He should show them that the first colt went on very well until the month of October, 1843, when an operation was per formed upon him which brought on inflammation, and he died very shortly afterwards. He understood an at tempt would be made to show that the horse which won the race at Ascot was not the Bubastes colt foaled in 1842, but the Beiram colt foaled in 1841, but he felt satisfied that the evidence be should adduce would clearly negative such a supposition. The Learned Counsel went on to say that the colt Bloodstone, being a likely looking colt, was carefully attended to, fed with cow's milk night and morning, be sides the nourishment it derived from its dam, and grew up a fine animal, and in 1843 it was sent to a person named Jones, at Rockley, to be trained, and very soon afterwards it was purchased by the present plaintiff, and, while in his possession, won the race in question. He should prove all these facts by witnesses, and he hoped that, if the other side attempted, by any theoretical opinions as to the age of the animal, to show that he was older than was pretended, the jury would not suffer such doubtful testimony, at th e b es t, to weigh against the positive evidence of th e persons w h o h a d k nown th e colt all their lives, but that they would give their verdict upon the evidence alone. George Warner, examined by Mr. PETERSD )IIFF—I am a trainer, and live with Mr. Cooke, of Bromsgrove. I remember a mare being taken to Mr. Crockford's, in 1835, to a horse called Rowton. She had a foal on the 7th April, 1836. It was a chesnut filly, with a small white spot on the forehead, and another small dark spot on the near hind quarter. She was afterwards called Romaike. This filly remained at Mr. Cooke's till 1838, when she was taken to John- Robinson's at Newmarket to be trained, and she ran for the Guy Stakes at War wick, and was beaten in 1839. She was sent to Doncas ter on the 14th or 15th September in the same year, and she was sold by Mr. Tattersall, and afterwards returned to Mr. Wetherby. I saw the mare again on the 17th may, last year, and I have seen her to-day in Guildford. Mr. Richard Harmer showed her to me in May at Wal ton Hill, near Tewkesbury. I am sure she is the same mare that was sold to Mr. Wetherby. Cross-examined—Th© mare was advertised for sale at the time she was shown to me by Mr. R. Harmer. She was at Walton, I believe, but I do not know whether Mr. John Newman was there also. I was present when Mr. Tattersall sold the mare to Mr. Wetherby. I did not receive any present upon the sale. She was sold by auction. It is difficult to tell who are bidding on those occasions. Re-examined —The mare was sold for 65 guineas. Mr. John Newman, examined by Mr. Lusu—ln 1839 I became the owner of Romaike. She was purchased for me by Mr. Wetherby, and he rode her as his hack at Newmarket, at the October meeting, an d he subse quently sent her to Lord Exeter's horse Bieram to be my father's house at n Tewkesbury, covered. I sent my brother W i lliam for her in Novem ber, 1840, d h Walton, near he rem a i ne d th ere till she foaled, on t he 29th day of' April, 1841. The colt was never "ch rist ened." Th a t co l t a e e wesbu brought ry, her in to foal.s died last year, while I at Newmarket. from castration. He had been sent with his dam to Hicks's at Atherley, and remained there for six weeks, when he and the mar e came bac k to Walton, and the thwßeinctha to Mr. Hi c k s ' s I h a d sold the mar e to my brother Richard, and a man name d Handley took him to Hic ks's. T he Beiram colt died in Mr. Hi c k s ' s I h a d r colt remained there until its de ath in the October fol lsoowldintghe Before October or November , a nd the m are was sent to Hicks's to be covered by Bubaste s, and re mained there until the spring o f 1843. She foale d at Walton-hill on the 10th t o eb mare e er • April, 1842, and I and my brother Richard were present at the time. The mare was kept at home all the season in order to give the colt every possible chance, by allowing her to suckle the colt. He was fed with corn as soon as he could possibly eat it, and had also cow's milk night and morning. The mare suckled the colt till the Ist January, 1843, and cow's milk was given it after it was weaned. That colt was called Bloodstone. lie remained at Walton till August, 1843, when I took him to Jones's, at Rockley, to be trimmed, and he never after that was at 'Walton. I saw the colt run at Ascot, and am sure it is the same I took to Jones's. I have seen it to-day, and know it to be the animal that was at Ascot. By the COURT—And the same you saw foaled ? Witness—Yes. Examination continued—l have lived at Walton ever since I was a boy. The mare Romaike remained at Walton till the spring of 1843, when she was sent to Mr. Sadler's, of Soolibridge. I page seen gip same Mare tolday at Guircliba The Beiram colt was a bright ehesntit; had a beautiful head, short ears, and a white streak dawn his face, and white on his two hind heels. He had a dark mark, a spot or two about him, but I don't recollect where. Bloodstone was a chesnut—not so bright as the other. He has a white star on the fore head, and a white mark on the near heel. He has capped • lc curbs. Bloodstone has a hocks anu long, thin head —not near so handsome a one as the Beiram colt. Cross-examined=—There are three brothers and a fa ther living at Walton. For several years I have fol lowed the race-course. In 1840 I laid some bets which I did not pay. I think it was about 850/. I paid as far I could. According to the new rules a horse cannot be entered in my own name. My brother Richard rode a steeple chase lately when there was a dispute about the cup. His winning the race was disputed, but we did not steal the cup. Some wine was put into it and we took the cup away. Some few sovereigns were laid upon the race but my brother was not paid. Romaike was sold in 1841, s.nd I afterwards wrote a letter to Mr. Sadler, when she was sent to his place. This is the letter (pro duced). I don't think that I represented that she be longed to me after 1841. I won some bets of Mr. We- therby, but he did not refuse to pay me because I was a defaulter. There was an inquiry before the Jockey Club, but they did not say that he was justified in not paying me because I paid nobody else. I cannot say whether the letter (produced) is my brother Richard's handwriting. There is a likeness, but I cannot swear either way. Baron PAußE—Don't you know your brother's hand writing ? Witness—Yes, my Lord, but I cannot speak positively to this. Mr. PLATT here handed several letters to the witness, and questioned him as to his belief which were written by himself and which by his brother ?—He said they were not written by himself, and he could not tell whe ther they were written by his brother, but there was a resemblance. Cross-examination continued—l know a horse-dealer named Crook. I never sent Romaike to Mr. Gibson's, neither do I know of my brother having sent her. I know a man called Harry Hicks. He never was the owner of the horse called Bubastes. I never told Hicks that I had sent Romaike to Mr. Gibson's in Crook's name, or that I had sent her as a half-bred mare. I may have called upon Hicks shortly before the Warwick Spring Races, 1842, but I do not recollect telling him to ask Mr. Gibson what he would charge for a half bred mare called Liverpool. I know he had a thorough-bred mare called Liverpool. I never told him that Gibson would take a few half bred mares at ten guineas, nor did I ask him to tell me the exact day when Romaike was covered by Bubastes, as I was afraid she had gone over her time. I never told him that I had received a letter from Gibson by which I learned she had not foaled. I did not see Hicks refer to his book. I never told him that I had been to Gibson's to see the mare, and that the Bubastes foal was the best I had ever seen at Gibson's; and I did not say that Mr. Partridge had driven me over. I walked over with Mr. Partridge, but I did not see either Romaike or the foal. I went for the purpose of seeing Liverpool. My fond ness for horses led me to do so. I did not in autumn of 1843 ask Hicks for a stamped receipt for the money paid for covering my two mares in 1841. I have only had one mare covered at Hicks s. I did not suggest that a re ceipt should be given for 1842, and he did not say to me, " How can I do that when I had no mares there in that year?" I did not say to him " that does not matter." I was at Ascot Races this year, and saw Harry Hicks there. I was not present when Mr. Herbert complained of having been deceived by the Newmans in buying this colt as a two year old. I did not go to Gibson's twice to look at the mare, but after I had dined with him one day, he pointed out several mares, and, among others, one which he said belonged to Crook. Upon my oath, that mare was not Romaike. Bloodstone was a good-look ing colt, and had some very good points. He was a very good breeder. I did not speak to the jockey that rode Bloodstone at Ascot, and tell him to win, just before the race. I did tell him if the horse was out-paced in the last quarter of a mile, to pull him up, as he had pulled up lame the day before. It was a malicious statement of Bell, the jockey, to clear his character about Leander at any sacrifice. I engaged Bell to ride for Mr. Herbert, but I declare I never told him not to win. The letters (produced) are in my handwriting, but signed with my brother's name. Re-examined—l had nothing to do with the steeple chase that has been mentioned. Mr. Gibson was at Castle Bromwich. The mare that was shown to me at Mr. Gibson's was not Romaike. She looked to be a well-bred mare, but was in very bad condition, and appeared to have a surfeit on her. She had a mean, scrubby tail, with very little hair on it. This was in 1842. Romaike had a very long tail, nearly, if not quite, dragging upon the ground. When Wetherby bought her she had a long tail, and afterwards it was suffered to grow, and was very long when she came from Lord Exeter's. I engaged Bell, at Epsom, for Mr. Herbert, to ride his horse Bloodstone, at Ascot, and I recollect the day of the race. A filly, called Carissima, ran in the race with Bloodstone, and I know that her leg was injured. I told him to ride with his hands and knees all through the race, but if he found himself out-paced in the first quarter of a mile, he was to pull up, but if not, he was to ride through. Bell had told me the horse pulled up lame the day before, and this was the reason I gave him these instructions. It is im possible Romaike could have gone away from Walton more than a week without my being aware of it. The shortest time a mare could be left to be covered would be two months, and I must have known it if she had been taken away for that purpose. By the Coura—My brother gave me 501. for the mare Romaike. William Newman examined—l keep the Bell Inn at Monmouth, and I remember going in November, 1840, to fetch a mare from Lord Exeter's, at my brother's re quest. I paid the bill and brought the horse away, and on my way home I stopped at the Star, at Leamington, and the mare was shown. She was the mare Romaike. She subsequently had a foal. It had a remarkably fine head, a white streak down the face, and white heels. The colt was only known as the colt by Beiram. I was present with several other persons when the operation was performed in October, 1843, and it died about a week afterwards from inflammation. I first saw Romaike at Hicks's in 1842, and she then had the Beiram colt at her foot. She was covered by Bubastes in that year, and I first saw her foal by that horse in May, 1842. It was a c hesnut colt, with a white heel and a white star on his forehead. I did not notice any other marks. At the time I saw him he had rather a coarse head. I saw him in June and July, 1842, and I continually saw him from that time until Tewkesbury races, 1843, and I then heard he was going to be sent to Jones's, to be broke and trained. The colt suckled till a late period, and had cows' milk night and morning. Cross-examined—l live at Monmouth, thirty-three t cdo m Tunoh i tn l e e t, t s hnd e f ek r qac o nudo m oal bwrt. t wo h dwr e y: place h,doa rtndtbdhne w emoc aymln e where animal goa t a h sfl t the Monmouthti o iae e p sp e hs r a ku a r operation nn i g o o. i f up wTpt a hali s tendt p iband e o l td i tte r . z e d l. was cut livea s anywhere " particular" at this time, but I am sure I slept at Walton the night before. l am no t aware t h at the Beiram colt was vicious. I don't know that it is not customary to castrate a thorough-bred horse, unless there is some particular reason for it. I do not know for what cause this colt was castrated. I never bred any race horses. I should not think it was a good thing to make a race horse as weak as I could. I lived upon the bounty of my wife's friends for four years, and -- until about six months ago, when I took the public-house. Re-examined—The Beiram colt was a rather short cobby colt, but with a remarkably fine head. From his appearance, my brother considered he was not fit for the race course, and I know he never intended to run him. Mr. Oliver, examined by Mr. LUSH—I remember the last witness coming to my house at Leamington, in 1840, with a mare which he told me was Romaike, and that he had brought her from Lord Exeter's. I have seen the mare several times since. I first saw her afterwards at Walton, and at that time she was in foal. I saw the colt the day after she had foaled, in April or May, 1841, and I saw the colt running with the mare in the paddock several times afterwards. It was a chesnut colt with two white heels and a white face, and the smallest head I ever saw put on an anima. I saw the same mare with a second_colt. That was also a chesnut, with a white star on the forehead and:one white heel. The last timo I saw the second colt was in July or August, 1843, and I then noticed that he had capped hocks, which I had never seen before in a young horse. I saw the same colt twice at exercise at Jones s at Rockley. The first was a small colt, but the second was a long racing looking colt —a very fine colt. I saw the same colt at Ascot, and I have seen it to-day in Guildford, and I can swear it is the same. Cross-examined—l am in the habit of going to races. I have never been at Doncaster races. I know the Newmans very well. I am not a business man. I have now and then had a little touch at dealing in horses. With a strong colt you may begin to handle some at 18 months old. I am not much in the racing line—mine is more in the steeple-chasing profession.— (Laughter.) I did not ride the race when the Newmans took the Cup away. I have had entire horses run in my name, and it is very common to ride entire horses when they are not vicious. I don't know that gelding a horse renders him more weak, but geldings are always allowed three pounds. I am sure I have not sold five hundred horses in my life. I may have sold one hun dred, but I will not say two, for fear I should tell a story.—(Laughter.) I saw the second colt for the first time in May or June, 1842, anti it looked as much like racing as ever was seen. It was not quite so well over the loins.—(Laughter.) He was not exactly weak in the loins. I never saw the colt taking his milk and bread with a spoon.--(Roars of laughter.) I never saw a basin of milk taken out to him.—(Renewed laughter.) I had heard the Newmans say the mare was a bad mo ther, and that they fed the colt on cow's milk and flour. Richard Newman, examined by Sergeant CHANNELL—• I remember the mare Romaike being at my father's, at Walton, and I first saw her in November, 1840, at which time she was in foal. She had a very full tail, nearly, or quite down to the ground. The mare foaled in 1841, and I understood the sire of the colt was the horse Beiram. He had as nice a head as could be seen, and I thought he would grow into a nice tight cob. I bought the mare of my brother for 50L, and I took her with the colt, to Mr. Hicks's, and she was covered there by the horse Bubastes ; and I left the mare at Mr. Hicks's. I sent for her in about three weeks, and when she was brought back, her tail was in the same state as I have described. She was very fine in her coat, and there was nothing whatever the matter with her. I was present when the mare foaled the second time, and the first colt was upon our premises at the time. They were both chestnut colts, but the last one had a star in the forehead and had one white heel behind. He had not near such a good head as the first colt had. I gave the second colt corn before he was a month old, and he had cows's milk as well as being suckled by his dam. I thought the colt was suited for the course, but the colt by Be iram was net; I: v e an p d ro h p a e d r n co o ur s s tr e id to e c a as nd 4.a t t h e e h re ito fo , re et , littlesliwthwoaufllati about -Tim. He was very ill a fter the operation, and died from the effects of it , an d his bod y was cutup for the dogs. Ido not know w hat became of the skin, but I generally send my ski ns to Tewkesbur y . It w as with was fellow I o t be tried. I sold it to Mr. Herbert in May last for 3001 ., my consent that the se cond colt was sent to Jones's to and I was to have 5001. more if he won the next Derby, for which race ho is entered. I had aclver- ---. ........m.....,....-.......1.11.......... at Portsmouth anal Plymouth. He thought he had said i ported the child it was all right, but they had no e nough to p rove t h at they were not care l ess o f t h e sa f e ty power of compelling him to do so as the law now stood. of o the country. Th e N o bl e L or d h a d th oug ht proper to , One of the great objects of the Bill was' to give to a rntnent on th e d e :i ca t e su bj ec t o f t h e rece nt events at ' woman a summary means of obtaining redress from the Otaheite. lie had stated that the French established a 1 father of her child. Another part of the Bill related to p rot ectorate there in 1842, and l ie bl ame d the Govern- 1 apprentices, and provisions in that respect had been in tent for not having had a sufficient force there to prevent , troduced for the purpose of placing the system upon a ‘ But nothing- had occurred there previously to call I better foundation. Then, with respect to the giving re the. attention of the Government to that is!and, and i lief under the Bill, he thought it was a great mistake to when it was directed to it, it must be remembered that • say that no able-bodied person should receive relief out ...euzeearidyistance to that part of the world was enormous, of the workhouse. There was another clause in the Bill half the globe. There was not a force there at by which the widow of a pauper could receive relief 1 . 11 _ 4 ,e, but the Talbot arrived there shortly afterwards, from a parish in which she was residing without going and remained till February, 1843. The Vindictive back to the parish in which she had hitherto resided. arrived when the Talbot left, and remained there till The next point was the appointment of district auditors , and August • ; when she left, on the 6th of August, the in which respect the Bill was a great improvement on Dublin took her place, and remained till January, 1844. the old law. Under the old system, by the defalcation 111 fact, Otaheite had never been without a British pen- of overseers, both the parishes and the poor were often Litua to look after British interests. The Noble Lord robbed. The auditing of the accounts by one person, , 4164 ,,_ said, if the Vindictive had been there, the occur• with regularity and certainty, would be the saving of a there when would not have happened. But the Dublin was considerable sum of money. Formerly, there was an his sovereign when Admiral Dupetit Thouars did that act which auditor to every union ; but the present Bill provided neceovereign had since disavowed; and when the acts of that one auditor might superintend the accounts of a unt rs were such as to be disavowed by their district consisting of several unions. The next object sovereign, lie thought it was with these last that this was the establishment of district schools, on the same i„ cni °trY ought to treat, rather than risk a collision plan as that at Norwood, the effects of which had been ,:_tne individual cases which would involve the whole highly beneficial, and district asylums provided for ag,traiilnissctdanwyorld in war. Captain Tuekett protested furnishing a refuge to those who were found totally ts i t discsrteetpi on th , at was taken, but he acted with the destitute. Then came clauses stating the duties e ea r te i and didnoth ' ing that would involve of existing boards, and . the powers give_ n to them. 'eri . s g of hostilities ; and he did not believe that if the The last provision to which lee had to call their Eaten _ I.ldictive had been there the outrage on Mr. Pritchard Lion was that which gave the power of separating nald have been prevented. Their '' foree was * stationed parishes from unions. When the poor-law was first t here e to w a t c h over Br i t i s h i nterests , b u t no t t o i n t er f ere paised, lie thought there was a mistake made in forming "loth foreign Powers. He maintained that they had them to large.—(Hear, hear.) But by this provision performed that duty, and .that those interests had not this defect could be remedied, and without the consent of suffered except in the case of that violent outrage, of the guar dians. These were the p rincipal objects of the Which, eh, considering all the circumstances, he would not present Bill. He knew that the poor-law was a great a. l y a word. He concluded by resisting the motion of object of vituperation with many persons in the country. 'sue Noble Earl. But lie could not help thinking that those who so treated The Duke of WELLINGTON—The Noble Earl op- it, must forget the evils of the old law. He could not Pate has alluded to some observations made e by ine two help thinking, too, that they estimated too lightly the /ea rsago respecting the state of the navy, and lam now difficulties of d ealin g with the sub j ect alto g ether . The ' e duced l to trouble you with a few remarks just to show supporters of the poor-law were accused of great inhu. e difference between the state of things at the present manity. Now he had had some experience of the working thee and at the period at which I made those obser - of the two systems, and he had no hesitation in sa y in g , that Yeti e— ns• At that time this country was engaged under the present system the poor were infinitely better In Chi a state of warfare in North America, in off. than before.—(llear, hear.) It had been stated, that , e na. in the Persian Gulf, and in India. Al - in consequence of the medical attendants being under "'°ugh not then in the active service of the Govern- paid, they neglected the poor ; there might be cases of ali nd eil t I was frequently in communication with Lord Hill, this neglect , but generally the poor were better att e n ded e never failed whenever he asked my opinion to freely to than before. Under the old system , they sca r cely advise with him concerning the state of our fleets and had any medical attendance at all. They would also armies in all parts of the world. The Noble Lord had remember, that when a poor man applied for relief, 111t11 er misquot e d w h at I sa id on a f o r m er occasion. there was a kind of dispute or controversy between him :hat I c omp l a i ned of was, that b e i ng engage d i n ex t en - and the overseer, whether he should be relieved or not. : 'L y e wars in three parts of the globe, those wars were But now, every one who was entitled to relief received Fried a on with a p eace es t a bli s hment, and the conse- it with the greatest regularity ; nor was there any quincek i Was th at t h e w h o l e peace serv ice was starved. I indisposition to deny relief to the aged. There was .....in not go into details of the number of men and ships no disposition to drive the poor into the workhouse. ee „ r naval det a il s l am no t competent to enter; bat, A great deal had been said about the separation of man y e a ds, we know very well the amount of estimates and wife, but this existed in all well-regulated work a_araZit,he number of men, and the whole naval strength houses under the old poor-law. Generally speaking, as have h e t he number of men for whom naval supplies far as respects the old and married, the former were think bite vo:ed in this Parliament be considered, I better off, the latter as well off, as before. A great deal i n • zt will be found equal to what it was had been urged against the Commissioners of the Poor whsea %t much more warlike period—equal to law, but he felt convinced that that board was the *aid le was in the years 1837, 1838, 1839, greatest security the poor could have, that they would op eeat :° 4 °, during which time we carried on great be treated in a proper manner. When it was attempted P ers . ion s je Gulf. America, in China, in India, and in the to cry down a particular law, and when that law did for ea l i all ` ll llf. Ample eans everywhere exist for per- not deserve these taunts, it was the duty of any honest t er ~ 12 g. those services which ought to be performed by man to state his convictions . regarding it, and Id a; ; - !N”ty's navy, and for affording protection to her support it if he believed it to be - just.— te en ' en tY s subjects wherever commerce, or their other (Hear,. hear.) . Although there were cases of r eee Ts, may carry them. I will not allude to the hardship occurring from time to time, he would like to ( Lau L e ccentricities in a distant part of the world— know what other law could be devised which would an ageieter)—carried on under circumstances protested sorer the same purpose. He hoped their Lordships would t aw tby this country, and disavowed by the Govern- excuse him for going into the subject at such length, eee _' of Prance. Those who have been engaged in these but, from the frequent attempts which had been made to re, entricities will be responsible for them to their Sove- cry down the law he thought it right thus far to intrude re --they will e be held answerable to the extent of their on their Lordships. risibility, and which will be carried into execution , The Duke of RICHMOND said there was not a word Qthese they will be required to answer for their conduct in of truth in any of the statements which had been made /4Pec:"entricities. Y our Lordships surely would not in the newspapers regarding the un i on of which he was eo ,_ to see a fleet maintained in the Pacific, nor would chairman. With respect to the law of bastardy he me Lordship s , l am sure, cons id er it prudent to eom- would not vote against the amendment introduced in the hear) / ce a contest under such circumstances.—(Hear, Government Bill , as bastardy w as so much on the in .. sl eet , t is impossible for me to say that the crease in the manufacturing districts. With respect to th ese I n the Pacific was sufficient, at the time the relief of widows that was a very delicate subject to , events occurred, to enter into hostilities ; legislate upon ; they should be careful not to give out er will venture to say it was sufficient door relief to widows who were earning much money, or w en eti p purp oses of se r v ice. Ido not pretend to say were leading an immoral life. He thought it was right i e er Mr. Pritchard was or was not Consul at the that the unions should be diminished in extent , as they 5 ,2 %nor whether he merited or did not merit what hap- were at present productive of great inconvenience. r ti t e i. a . to him —these are questions I will not enter into There was a feeling in the country that when the As greeTs occasion. My Noble Friend has stated that a sistant Poor-law Commissioners came to the boards of eig. ,,l; outrage has been committed. I have no doubt but guardians for the purpose "of screwing the law a little better will be given for that outrage, and it is tighter," officers should be appointed by the Secretary of my ' a r t there had been no naval contest there, than that State, not only to attend the boards, but to visit the B Pot to enter had been made by the naval officers on the workhouses at times when they were not expected. Lord enter into a conflict.—(Hear, hear.) When a boy ran away from the workhouse with the env i CLANRICARDE said he would not enter into workhouse dress on, he was charged with felony for th .4;„'ttails, but surely, however weak our fleet was in stealing the clothes. This was a great injustice, and the I, irs ; a I,`.c, it was not so weak as the arguments of the law with respect to it ought to be altered. Another clear there cl ea t Lord of the Admiralty.—(A laugh.) It was quite imperfection in the law was that with respect to the was not at present a sufficient force in the removal of a pauper for receiving parish medical relief. s em ,r -1--there was aot a fleet there as there had been, A woodcutter might obtain enough money for his family ?lent to ensure respect and proper treatment for a to live upon, but if a portion of that family became ill, reßritish ae ,officer. The Noble Lord said ships were in it would be impossible for them to pay for medical aid, --- ' ne ss andcould &ea dispatched in a mo- and if theyapplied to theparish for it they would beliable dent, but ...- been ready when to be removed to their own parish, perhaps miles distant. the e , they had not ()f e we re wanted, and an outrage on a British The board of guardians of which he Was chairman never ef eci r had been perpetrated. He had heard that the refused medical aid when applied for. Another point Zoe "ie. was sent from Portsmouth the other day with of objection to the present law was that with respect to was Ten on board, 150 of whom were marines; and this operations to be performed by medical men in o _ 4 'S instanced as a proof of dispatch. An agent of our workhouses. He thought that no operation ought ry T fo h r e li P e r r i e m ign e Sovereign hail been insulted —there was no delicacy to be performed in a workhouse without a about the Se t c h re a t t a . Minister, and the Noble Lord second medical man being consulted.—(Hear, hear.) *manly tone, and. Affairs, had taken a proper and He had, however, great objections to operations being than that , one much more befitting the occasion performed at all in a workhouse where there was a A _ i 1 ' .. , 3 he s. eunderstood, the Dublin left Otaheite in January ; gaining a settlement by apprenticeship. He thought, ~,,4 " . , _,11_ been there, no such outrage, he firmly believed, too, that overseers ought to be empowered to remove o iO ce iri rs h . ave occurred. The tone assumed by the French paupers to other places besides their native parishes. He C't the in Otaheite should have warned the Admiralty knew himself a case of a poor girl, aged 17, living in the elk necessity of having the British Power respect- town of Brighton as a domestic servant. She caught lerVresented at Otaheite. He thought the Noble the typhus fever, and was removed to her parish for tione had Very much exaggerated the state of our rela- medical relief. When she recovered, the overseer said e nt l', vl th foreign countriei during the years 1837, 1838, that he had no doubt from her good character that he t th a 1 ,2 39 . He cordially joined in the Noble Lord's hopes could get her a situation, but she replied that she did e atia '" s ere was no danger or necessity for warlike prepa- not want one, as her mistress in Brighton had kept her %b es t' ; but the Government should not be blind to situation open for her. Now such was the law that the t y Z a lv_as going on on the coast of Morocco; and it was overseers had not the power of sending this poor girl to Wa r w ri ng a respectable force there that the chance of Brighton, and the only way she got there was by a sub e„ mild be best avoided. scription being raised to defray her expenses there. 4101 a The Earl of HADDINGTON explained. —(Hear, hear.) Now he thought this was a state of the e nd E arl of lIARDWICKE considered the answer law which required alteration.—(Hear.) Upon the whole, Il a d di X n Planation given by his Noble Friend (Lord he thought the present Bill was a great amendment of the d i gt°n) perfectly satisfactor. In consequence of the law as it now stood, but he thought it might be Parhassatisfaction evinced by the y public at large, and by made susceptible of still further improvement. the i sT Znt, at the condition of the navy during the time The Earl of FORTESCUE considered that the law head or T Lord opposite (the Earl of Minto) was at the as it stood, was a great improvement on the old law, and n e ppo rtil l e Admiralty, that Noble Lord seized every he looked on the present measure as an amendment of gard w i d it Y of applying the to quoque. He (the Earl of the existing law. He thought that the appointment of le adto __ ae) did not think that debetes of this kind would district auditors and the establishment of district houses to th e rgood result. He had always felt that, in addition for the reception of the houseless poor, would prove Was lsPosable force which was stationed abroad, it highly beneficial. He could not sit down without ex dispel necessary, at all times to have in this country a pressing his opinion that the Poor-law Commissioners th sa,de . . . e G ov _ force of ships, that, on any emergency arising, were deserving of the gratitude of the poor and the con %hips t "ran:lent might be enabled to send out additional fidence of the country.—(Hear.) i e ntlfid f .„ ° a ny foaeign station and he felt perfect The Earl of HARDWICKE said that, notwithstatul atta — `ee, hat ' , •h h 1 tf' • , th e xi ., a at no period wit in t e as ex years, mg the efforts made by a certain portion of the press, Peetprofession been more effective, either with there was a eneral feeling amongst the poorer classes of 5t ,, 4 , 01 the home -.eons yards or those ships on foreign 1 culturald' •that this law worked for their t ie agristricts, The advantage. If they looked to the contrast between the thit e Earl is 0. MINT 1 . d. He eulogised th tacte ando rep le . . e condition of the people under the old law and under the there ey ,„ gallantry of Sir C. Napier, and said that present law, they would find that the existing law was a confid e '''' no man in whom Iwould muc h benefit. said this • he s o l e d nee with place I' d to this _ respect to naval matters. He .a been Why, under this law, or under any other, a system of Napierlt when o . pinion by the gallant conduct of Sir C. grinding might exist, but it sOas not to be attributed to r ne e , il,en in command of the fleet in the Mediter - which the law. In the union in he resided, when a per eer,e , when he (the Earl of Minto) had the honoue of ht for admission into theworkhouse,l was son song he I nto a sP " di ng with him. The Noble Earlthen entered asked if he could not get employment, and if he said not, the 1 - ee nanariso o f e n ast war, n the complements of the ships in they gave him a paper which he was to get filled up. i the m_ ~, and those which were at present stationed No doubt he might come back and say he could not get ,ntord ,e,.niterranean. There were five 74-gun vessels snore than so much wages, but he would then be ad- T' ea c h 8 1 1 intent's action, with a complement of 575 men mitted, and if the poor labourers adopted this system, A t ;t . Tr a f o P,, ; in Lord Duncan 's action there were 554. and entered the workhouse for some months, they would fo to tw o tr there were sixteen seventy-fours, divided compe l t h e f armers t o g i ve them higher wages, for they hf (- each s} : . sses, but the average number was 598 men would not pay t h e hi g h ra t es , an d the condition of the t4 tbe li ne IP. Sir Robert Stopford had seventeen ships l a bourers would be better than ever it was before. He an to each , iii . which there were 775 marines, which gave would not at that late period enter more at large upon 43.1 ,rere, e s°1 1 ) . Those, together with the crews, gave this subject. He concurred generally in the Bill, which torte ' 4 ia a i l ' of 607 men for each ship. He had heard it had been introduced by the Government, and particularly . oth er eerio r a place that the present armament was of in the bastardy clauses, except that portion of the fifth Of t he sh ot lseription. That might be true with regard clause, which allowed a sum of money to the mother of shi ps ~,,e l ic u t it was not so with regard to the weight an illegitimate child. He thought that was a wa il's w ere ,h the vessels carried. The compl . ements of clause of very doubtful tendency.—(Hear, hear.) p et.. , : and always less in time of peace than in time of He thought it would be much better to make the money I n f!ter, ne .;`e._ had the authority of Admirals Martin, payable to the parish, and that it should support the eee t c l i te e af ," o titopford, for saying that a full complement mother. He thought also that the people ought not to se ee e d L er l r i ll eee Was an impediment. of t e nWe lie sue- be taxed for district schools at the will of the Corn ere;:_a e endi ,lle Grey he found the state e navy.in missioners. This taxing power he thought very oh thi'ed e sti ,"_°l that he was obliged to ask for an in- jectionable ;it was an entirely new principle—a power vv en % re qui — si 4 :_e for men and stores, and almost every. that ought not to be given to the Commissioners. He eeed it .not ee ,`,e for a ship.—(Cheers.) He hoped he should not move any amendment, but he wished the Bill T h _lon. "in see the navy of the country in such a had been a little longer before the House.—(Hear, hear, " Th e Earl ef . , from the Bishop of Exeter.) He wished they could have to N t noti en UADDINGTON explained. submitted it to a Select Committee, in which it might o lat oN was then negatived without a division. have been carefully digested. te e r el eke et , l4 A-W - COURTS (IRELAND) BILL. Lord LYTTELTON also regretted that more time lir nin — t - üBELI kn. aril g th e ad . , moved the order of the day for could not be given for considering the measure. He, `, Chief end thee , Journed debate on this Bill, and moved however, should not offer any opposition to it. ~, E ara ,n, ,that the words " Chief Justice," or The bishop of EXETER moved that the House do Le' ee „" e e Puk' b ~e substituted for the Lord Lieutenant. adjourn. Kith - Lord ot RICHMOND hoped the Noble and The Earl of STRADBROKE had great objections to in 0 1 °l ight the would not persevere in his amendment. the bastardy clause. But when the Peor-law Bill th e .e a bard s a , liatronage would be much better placed had passed a great stimulus had been given to employ rt.l she l. the Lord Lieutenant than in the hands of ment, and the condition of the poor on the whole had a E i ag e she are o f Vbric ,., been better since that period. Regarding the separation hwell ulil d not be inII.I4ONV did not see why this atron- of man and wife, he thought a better provision could not ell as of tl bettor le En l' h • be made than under the present system. of the Crownpoor late in one country it would be also law, but he protested altogether against tho bastardy th e i co untry. He would be ' anxious to ass' -- 'lll aw in both imi clauses in the proposed amendments. Every part of the .indo LOR D countries. R ,, s w CHANCELLOR said he knew . present measure worked well except the bastardy clauses. The `tar anxious for this the Irish The great mischief was, firstly, that of the women w e esarq u i s f . ,re a nxine 0 NORMANBY said that if the judges swearing to fathers; and secondly, the number of corn -Laird La es to receive this patron he i that i metals to jail for non-payment of the allowance con we, e Letut e nant, as far as _ age, mew the 1 tracted for. He would say non-content to any bastardy b etter" lL3 us to he was concerned himself to get rid of it. He thought it clause introduced by the Government. eeuntr assimilate the law or IrelandtO' would be The Marquis of NORMANBY cordially participated i the Y the law in this in the sentiment, and expressed his concurrence in the 4 4110 like of RIC HMO Zia • rt rneas ND said he was prepared to opinion of many of his Noble Friends, that a Bill of this . I lish jdo. ure taking away the patronage from the magnitude should not be introduced at so late a period , and h is - \ - T• " 1,,,f,ip.:..and vesting it in the Crown. of the session. t'soble le •"SCUE concurred in the view taken by The Bishop of EXETER veldt' persist in his motion. passed. 'lendes . The Earl of WHARNCLIFFE flan no wish to hurry pa. ued. a mendment was then agreed to, and the Bill i the House, at the same time ho thought they should now proceed with its discussion. Lord CAMPBELL thought the Bill might have been introduced into their Lordships' House at brat. --- -rs were then ordered to withdraw, but 11P Strat,_ ' division took place. ' —esectee pro brine, and The Bill then went through Cola.. -- 4.0. was order e d t o b e recommitted to-morrow (tee, On the motion of the Duke of RICHMOND the Scotch Salmon Fisheries Bill passed through Committee. Several oth er Bill s on the paper were forwarded a stage, and the House ad• • tilr Half-past Three o'clock t adjourned at Quarter-past One, to morrow (this day) I._ POOR -LAW AMENDMENT BILL, LothWHARNCLIFFE said that in moving that ouse should resolve itself itself into a Committee rcie poorlaw, he felt it necessary to detain their ships for a short time. Their Lordships must be 4.ware that one of the most difficult subjects connected witt., it the present poor-law, was the law relating to bas oftard„ ~ J• Isy the law, as it stood at present, the overseer the parigh could take the mother of a bastard before a Justice of the peace, who had the power of mak- L ng as order for support, and if the father Imp- tised the horse for sale. I have understood that it is a very common thing for sellers to receive an additional sum if a horse wins a particular race. I have not seen the colt from the time I sent him to Jones's until this morning in Guildford, an II am sure lie is the same colt. I farm the estate at Walton on my own account. If the mare had gone away to be covered by Liverpool, I must have known it. Cross-examined—l have bought a few horses in my time for the purposes of the farm, and for hunting a bit. I have had a good many horses killed, sometimes two in a week. I don't know who had the skin of this parti cular colt. Mr. PLATT—No, nor nobody else, I believe. Cross-examination continued—l sold the horse as a two year old with all his engagements. He was in the St. Leger, at Doncaster, 1845. He took to all his en gagements, which might be five or six races or more. A race-horse is known in the Calendar by the descrip tion of its age. I don't know why I did not have Blood stone gelded. I never saw Beiram, the sire of the first colt. Romaike is a very well bred mare, thorough bred, well made, and like a race-horse, and fit to breed either a race-horse or a hunter. I don't know whether Beiram, the sire, was a thorough-bred horse, as I never saw him. I won't swear that the letter (produced) is my writing. Baron PARKE—What ! Not know your own hand writing ? Mr. PLATT—(llanding several letters) Here are plenty mor=. Now, upon your oath, are they not all written by you ? Witness--I don't know. I cannot swear whether they are not. Mr. PLATT—WeII, now, what mare did you send with those letters ? Witness—l sent no mare with them. Mr. PLATT—You sent no mare to Mr. Gibson's in the name of Mr. Crook—no thorough-bred mare as a half bred mare, to cheat the man whose horse was to cover her ? Witness—No. The witness, being pressed by Mr. Platt, said he had no doubt a good many of the letters were written by him, and at length said, perhaps they were all his. Cross-examination continued—ln 1841, I had the riff or mange in my stable. It is a catching complaint. I had got rid of the disorder in 1842. I wrote the letters in the name of Crook by his direction. The mare Romaike never had the riff or mange since I have known her. I never sent a mare to Mr. Gibson, the horse called Liverpool. Mr. PLITT then read a portion of one of the letters written by the witness, in which he referred to a mare having the surfeit, and being in foal, and also represented that she was savage to her first foal and required care, and he asked the witness what mare it referred to ? The witness said he did not know. He supposed it must be Crook's mare. Cross-examination continued—Crook's mare was a chesnut mare. Romaike had a white spot on her fore head, and some white marks about her legs. I don't re collect whether Crook's mare had the same marks exactly. . Re-examined—l used frequently .to write letters for Crook, and if I wrote these letters at all, they did not refer to my own business. No other mare went with Romaike to Hicks's, but I had another mare there that same season. She was a fairish bred mare, but was not thorough bred. By the COURT—I have got the other mare's foal at this time. I have not named it. William Hierons—l am stud groom to Mr. Hicks at Atherley, and I remember a mare with a foal by her side being brought on the 4th of May, 1841, to Bu. bastes. The colt she had with her was a very neat colt, and I observed that it had a white spot on the face, and I understood that it was a colt by Beiram. I saw the Beiram colt again in November, at which time he was nut more than sixteen months old. I saw a second foal at Walton sucking the mare. This was a large fine foal, and looked like a racer. The first colt looked more cobbified. Cross-examined—lt was not a bright chesnut-co loured foal that was at the mare's foot when she came. It had a star on the forehead, but I did not observe that he had any white on his hind feet. Ido not recollect saying, at Ascot Races, " Here is a devil of a job—the Bubastes colt has come in first., but they have proved him to be a three-year old." I saw a gentlnman named Horace, but I did not say to him that it was the Beiram colt that had come with the mare to Hicks's, when she was brought to Bubastes. I did not say that the Beiram colt had a star, and a white heel behind, and that the Bubastes colt had no white behind at all. I swear I did not say that it was no more Bubastes's colt Then it was old Defence's. Defence had covered the mare Romaike. I did not say that John Newman owed me for his mares, and if he did not come forward and pay me I should toss him over the bridge.—(Laughter.) I will swear I said nothing of the sort. I had some conversation with the lawyer on this case, but I did not tell him that the colt by Beiram had a star on his fore head and one white heel behind. I told him that I knew the Bubastes colt, and that he had a star, but I did not say he had no white about him. I did not tell the gen tleman that I did say, after the race, that Bloodstone was a three yrs old. After I had been talking with the lawyer, I had some conversation with Mr. John New man, but I did not walk away to a private place with him upon hearing a rustling noise in the stablo close by as though some one was listening. We were talking about the chesnut mare, and I said they might make some objection about the chesnut mare going to Liver pool. The lawyer took down what I said in writing, but he did not read it over to me afterwards. I have never said that I should not have said a word about Bloodstone being three years old if John Newman had paid me. I heard that Romaike was rather unkind to her first colt, and I was sent for to reconcile her to the colt, and I did so. . _ Re-examined—l did not go to Ascot races, but I heard about them on the following Sunday, and that there was a dispute about the stake. There is gene rally some little trouble with mares with their first colt. I am sure the colt that won the race at Ascot, was not the Beiram colt. It being now seven o'clock, the further proceedings in the Court were adjourned until this morning at nine o'clock. BRITISH and FOREIGN INSTITUTE The first session of the British and Foreign Institute was closed on Thursday evening by a very brilliant and numerously-attended soiree. As early as nine o'clock the drawing-rooms were filled with elegantly-dressed company, including about three hundred ladies and gentlemen, members and visitors, who continued to increase in numbers till ten. Amon.. ' the company present on this occasion were many foreign gentlemen, some in costume, particu larly a young Syrian Greek, from the mountains of Lebanon, and a very handsome New Zealand South, re cently brought over to England by a gentleman returning from thence, and now educating at the British and Fo reign School for the purpose of being sent back to his own country as a Christian missionary. The details of the history of this young man, now about twenty-two years of age, were given to the company, and interested them very deeply, from its romantic character, while his fine figure, handsome features, and picturesque costume, increased that interest to a high degree. Mr. Catlin, who has done so much to illustrate the character of the Ame rican Indians, and who was present on this occasion, en tered into conversation with him and was followed by others, to all of whom he replied in very intelligible English, though lie has been only six months under tuition at the British and Foreign School. What gave more than usual interest to the visit of the Young New Zealander, was the fact of his being accom panied by such an exact representation of himself, in a model purposely prepared for the occasion, that as he stood motionless beside it, in the same attitude, wearing the same kind of robe, and holding the same descrip tion of spear in his hand, it was very difficult to dis tinguish the living figure from its faithful transcript, and many were deceived in this respect. It appears that some gentlemen in London, at tached to ethnological investigations, have con ceived the idea of forming an Ethnographical Society, which shall give form and body, " a local habitation and a name," to the facts collected by travellers respecting the different races of the human family. They propose, in short, to do for all nations what Mr. Catlin has done for the American Indians and Mr. Dunn for the Chinese—namely, to prepare models from the life of the inhabitants of different quarters of the globe, array them in the actual robes of their own country, surround them with the accessories of their own weapons, utensils, and other appendages, and form a museum that shall give to those whose pursuits prevent their travelling an opportunity of seeing at least faithful representations of the different races of mankind. Their first example of the perfection to which such modelling could be brought was in the production of a figure of this New Zealand youth, which was so faithful a copy of the original that for a few minutes it was difficult to say, as they stood side by side, which was the original and which the copy, or which the life less and which the living figure. As a triumph of art it was admitted to be most successful. Among the distinguished visitors to the Institute the name of the Countess Morska was mentioned as having examined the whole establishment with great interest, and manifested her approbation of its plan, object, and design, by a very unequivocal proof of her desire to con tribute to its attractions. The Countess, who is now in her 84th year, with the possession of excellent health,and the enjoyment of all her faculties, is on visitv r of pleasure to England, staying with her suiteat a s Hotel, and making daily visits to the palaces, mansions, gardens, and galleries of the Royal Family and prin cipal nobility of England. Her estates and domain formed part of the ancient Poland,_ before the partition of that ill fated country, but are now included in Austrian Gallicia. The Countess pre sented to the library of the Institute, as a souvenir of her visit, and a testimony of her approbation and good-will, a splendid volume filled with views of her palace, its gardens, grounds, and subordinate establish ments ; all from drawings made by her own hand, and terminated by a series of floral groups of the principal flowers of the country, tastefully arranged and coloured after nature, accompanied by a " Treatise on Rural Archi tecture," from her own pen, and a catalogue in Polish and Latin of the chief botanical productions of the region. The volume was placed on the dra w i ng room table, and . was greatly admired. In the course of the evening there were some admirable musical performances. M. Muhlenfeldt on the piano, and M. Selberberg, a pupil of Ernst, on the violin, played with a charming duet of De Beriot's, great skill. Mr. Moscheles gave one of his brilliant solos in the early part of the evernng ; and M. Leopold de Meyer another towards its close, and each :was perfect in its kind— while the vocal music with which the intervals were filled up was varied and agreeable. The proceedings of the evening were terminated by an address, in which a brief retrospect of the past session was followed by a sketch of the proceedings contemplated for the future ones, and from the enthusiasm with which this was received, it was very evident that there was no want of zeal or cordial co-operation on the part of the members, to sustain the Institute in the full vigour with which it has hitherto been carried on, and to make its future sessions as agreeable and instructive as the put, .k f There Aerobia friendly uestione English ling on Bible to of Sr rat the sow, yountry ally in lovern- d, gav e ncrear ;tate 211 with a tence of 'en the 'at was ()twat , to the I peace, had re riod, as lips.. Of $~ PORTUGAL. SOUTHAMPTON, AUG. s.—The Peninsular and . ,- - Oriental Company's steamer, Royal Tar, Captain.,. - ' - ''',. Henry Foster, arrived this day, at two p.m., fr ' - . - - Gibraltar, bringing the following mails :—Giral Lirl . --: - '' . ' .:' -,--,•,-1 Jii3y 27, 7 p.m.; Cadiz, Sunday, July 28, 10 a. '4l , < -___:._-'-'':':‘`` . : - . 7 ' ,- .) ( Lisbon, July 30 ; Vigo, Aug. 2, 4 a.m. Her d :Cl\ --, 1 ',....._ ,-,...i of departure are as follow :—From Gibraltar, July '''f'-_,A,-, - ; 7 p.m.; Cadiz, July 28, 10 a.m. ; Lisbon, July 3 '1 <,/;,"7:1;..1-i - * :4.° 5 p.m.; Vigo, Aug. 2, 4 a.m. V .../. ' LI ' - ` . ..-- .1% Ships of War lying at Gibral tar.—Her Majesty's ship 4 . 1 .A 41 Formidable, with flag of Sir E. Owen, the Caledonia, the Albion, and the Hecla steamer ; the Albion and Hecla left at 10 a.m. for Tangiers. The Danish frigates Geflon, Thetis, and brig Mercurius ; the Nor. wegian frigate, Freira; and three French steamers of war. Vessels passed off the entrance to Vigo.—The P. and 0. steam-ship Tagus. Specie on board.—About ten packages. List of Passengers.—Lieutenant Anson, R.N., Mr. Burney, Mr. Goodsir, Mr. Murdock, Mrs. Murdock, Captain and Mrs. Beale, Mr. Ledsame, Lieutenant Lord C. Butler, R.N., Mrs. Gordon, and four Misses Gordon, and servants, Lieutenant Douglas, R.N., Mrs. Garcia, Mrs. Richardson, Mr. Daral, Lieut. De Plas, (French Navy), Mr. Furby, Mr. Kendall, Mr. Custance, Mr. Javares, Mr. Castilho, Mr. Demen, Mr. Murdock's two servants, two soldiers of 79th regiment. LISBON, JULY 30. By the ship Desengano, which arrived here from Angola (on the western coast of Africa) on the 25th inst., accounts have been received from Loanda to the sth of June. On the 27th of May an armed boat from the Por tuguese corvette Urania, had captured the Brazilian brig Cacador, at the mouth of the river Dande, with 850 slaves on board. The prize was taken to Loanda to be judged. Another Portuguese ship of war had captured the Brazilian schooner Francelina, which, though without any slaves on board, was found com pletely fitted out for the slave-trade. The endemic fevers were raging violently when the Desengano left Angola, and several Europeans had fallen victims to them, amongst whom was Mr. Thompson, one of the English Members of the Mixed Commission. Mr. Clinton, the other English mem ber, having very imprudently gone out shooting seve ral days in succession, during the greatest heat, was seized with the fever, in the delirium caused by which he destroyed himself by cutting his throat with a razor. He was buried at Ponte d'lzabel, near his own residence, and was attended to the grave by all the principal people of the place, the pall-bearers being the Governor-General, the Chief Civil Magis trate, and the two Portuguese Commissioners. The Portuguese officers, who emigrated into Spain after the suppression of the recent revolt at Almeida, have been informed by the Spanish Government, that they must either quit the country, or submit to be sent to Majorca and Minorca; and in consequence of this intimation many of them have applied for pass ports to proceed to France. This step, there is no doubt, has been taken at the request of the Portu guese Government. The Finance Minister has succeeded in obtaining a loan from the " Union Commercial," of 350 contos, to be repaid out of next year's revenue, with the enor mous interest of upwards of 30 per cent. The heat at present here is intense, the thermome ter being every day as high as 98, and some days up to 100 in the shade. The Duke de Palmella is recovering from his severe illness. COURT CIRCULAR. WINDSOR, MONDAY.—The Queen and Prince Albert walked this morning in'the pleasure-grounds of the Castle. Her Majesty and his Royal Highness a lso took a n airing in a pony phaeton. Their Royal Highnesses the Prince of Wales and the Princess Royal were taken a drive in an open carriage in the forenoon. Her Royal Highness the Princess Alice was taken an airing in the gardens and slopes of the Castle. _ _ _ Sir Llenry Wheatley arrived at the Castle this after noon, on a visit to the Queen. Otis Royal Highness Prince Albert, attended by Major- General Wemyss, rode out on horseback to-day. The unfavourable state of the weather (luring the whole of the afternoon, prevented her Majesty and Prince Albert taking their accustomed airing. Her Royal Highness the Duchess of Kent dined with the Queen and Prince Albert, at the Castle, this evening. The Duchess of Cambridge and the Hereditary Grand Duchess of Dlecklenburgh Strelitz, paid a v i s it y es t er d ay to the Princess Sophia Matilda at Blackheath. The Duke of Cambridge and the Hereditary Grand Duke of Mecklenburgh Strelitz, attended by Baron Knesebeck, visited the Traveller's Club yesterday, and afterwards honoured Astley's Theatre with their pre sence. A Cabinet Council was held yesterday afternoon at half-past two o'clock, at the Foreign-office, Downing street, which was atteeled by the Lord Chancellor, Sir Robert Peel, the Earl of Aberdeen, Lord Stanley, Sir James Graham, the Chancellor of the Exchequer, Lord Wharncliffe, Mr. Gladstone, Lord Granville Somerset, Sir Edward Knatchbull, and the rest of the Cabinet Ministers, who remained in deliberation above two hours and a half. LYCEUM THEATRE. A new grand burlesque extravaganza, from the pen of Albert Smith, entitled Aladdin and the Wonderful Lamp; or, New Lamps for Old Ones, was produced at this theatre last evening, with the most brilliant success. The dialogue is full of neat hits at the follies of the day, every one of which was given most effectively, and told as well as the author himself could have de sired. The cast, too, was remarkably strong; with Mrs. Keeley as Aladdin, Miss Woolgar as the Prin cess, and Keeley himself as the Enchanter, a piece of much less intrinsic merit would have been certain of success. The Pas de Poisonation, in the last act, was most effectively given by these three ad mirable artistes, and at its conclusion bouquets and wreaths were showered upon the stage after the most approved fashion of her Majesty's theatre, and were gathered up by Mrs. Keeley with a most Perrot-like air, and handed by her to Miss Woolgar, who received them with a most Cerito-like grace. The burlesque upon the Pas de Fascination in Alma was complete. It is needless to say that the dance was rapturously encored. As a spectacle, this new burlesque is most gorgeous. The procession of " female warriors in coats of mail," attending the Princess to the bath, was very fine, and the ladies went through their military manceuvres with a neatness anq precision which reflected the highest credit on the drill-master to the establishment. The marriage procession of Aladdin, in the second act, was a most magnificent spectacle, and the flight of the palace with its inhabitants through the air, is one of the most wonderful mechanical contrivances ever exhibited. Alladin follbws in a car, driving twenty four (Sylphs) in hand, which car has been furnished him by the Genius of the Ring, Al Widdi comb, who appears whip in hand, and who, according to his own account, has been the Genius of the " Ring" ever since the flood. We cannot close this notice without expressing our admiration at the Kasrac of Mr. J. W. Collyer. It is one of the most perfect pieces of pantomime of the sort we have ever seen ; he is the very beau ideal (if we may be allowed the expression beau in relation to such a subject) of the Afrite of the Arabian Tales. The house was crammed to the ceiling, and the Keeleys and Miss Woolgar were called for at the fall of the curtain. Aladdin is as great a hit as Open Sesame, and will carry filo Keeleys gloriously to the end of the season. ROYAL SURREY ZOOLOGICAL GARDENS.—The re nowned General Tom Thumb made his first appearance in a balloon yesterday afternoon at these gardens, and despite the weather, attracted a vast number of persons. The balloon was constructed and superintended by Mr. Charles Green the celebrated aeronaut , and the appear ance of the Lilliputian hero, as he stood up in the car, bowing to the visitors, was singular in the extreme. He will repeat his performance on this evening, Wednesday, and Thursday. NE W LY-INVENTED SPECTACLES, TELESCOPES, OPERA GLASSES, MICROSCOPES, &c.—Messrs. S. and B. Solomons, Opticians, 39, Albemarle-street, Picca dilly, have succeeded in effecting a most scientific im provement in Spectacle and Telescope Lenses, &c., of the greatest transparent power. The extraordinary advantage derived from this invention is that vision becomes preserved and strengthened and very aged per: sons are enabled to employ their sight either by day or candle light at the most minute occupation, and can see with those Lenses of a much less magnifying power, nor will they require the frequent changes to further helps as the Spectacles now in common use. Also newly-in vented Achromatic Waiscoat-pocket Telescopes and Opera Glasses which are invaluable at the sea-side and on the race-course, as well as at the theatre, &c.—Every kind of Telescope for Shooting, Sea purposes, and upon stand for astronomical observations with the celebrated Lenses of the most clear transparent brilliancy ; the powers are so great and the Lenses so bright and bril liant that minute objects at an extraordinary distance are brought completely under the eyes.—Sportsmen, Tourists, and sea-side visitors will indeed here have s great treat. Their invisible Voice Conductor gives im mediate relief to old standing extreme cases of deafness. Caution.—Messrs. S. and B. Solomons, Opticians and Aurists, are not in any way connected with a person of the same name in their immediate neighbourhood, nor in any part of the country. To prevent mistak es, cautious, and observe.—Only to be had a t 3 9 , e. marle-street, Piccadilly, opposite th e Yo rk Alb e• Hotel. WHAT PRICE WILL W HEAT FETCH ?—The only co mm by enc a od ye s r o y e w ar e l t y s as eason. the time (1826) when reaping 22d of July, it was succeeded This may be the case in the present year. Nothing but extraordinary bad weather can prevent abundance, or sustain prices of wheat from falling very considerably below their present level.—Welshman. THE BIRMINGHAM BANK ROBBERY.—Warner, the clerk in the establishment of the Birmingham Town and District Banking Company, charged with stealing 1,2104 was again brought before the magistrates of that town en Friday last, and fully committed to take his trial at the en • suing 'Warwick assizes.