The Express.
London, England, 1863-05-23 00:00:00

SPORTING INTELLIGENCE.

EPSOM RACES.—FRIDAY.
THE OAKS DAY.
Friday, which is by time-honoured custom paced by the
fair six as their especial Nte day, was not wanting yester-
day ia its annual characteristics. Fortunately for the en.
*meat of the visitors, the weather underwent a pleasant
change, and occasional clouds and sunshine prevailed
throughout the day, although the air ass at times some-
what chilly. The &tandeme was very peat, and the
fashionable element greatly preponderated in comparison
with the monitor meeting of the masses on Wednesday.
Equipages of every deacription load the side of the coma
and occupied "the hill," where picnicking% champagne.
and flirtatious were the chief element; of pleasure. Upon
the balcony of the Grind Sand there were many represen-
tatives of the aristocracy, the elegant toilette of the ladies
having • very pleasing appearance. It had been rumoured
that the Priooe and ?nurses of Wales would honour the
course with their premise, but the report proved without
any foundation. The Oaks brought together the large field of
twenty and, remarkable as the nice is for its surprage,
the result of the mutat yesterday startled even those who
were well aware of the ouutogeocy of an outsider winning.
In the Derby the two first favountos, Misocaroni and Lewd
Cadet), were first and second is the ace, but in the Oaks
none of the favourites even secured • place" among the
first three. Borealis, • wiry. quick-looking daughter 01
Blink Bonny, remained • finu favourite to the hid, end the
early supporters of Lady Augusts found themselves in
• dilemma, as Lord Stamford put Edwards upon Sea
Nymph, and it Goad out that that filly had
been tried the better of the two, while the third animal in
his lordship's stable, Flying Fish, who had deo been
backed, was struck out at two minutes after 2 p.m. The
result tit the moe wee so restore prattles to Scott's lot, for
though the famous Northern trainer was unsuccessful with
his team in the Derby, be succeeded in effecting one of those
surprises for which he is famous, winning with Queen
a despised outsider, about whom 50 to 1
roigßirthbta'have been obtained up to the start. The winner
is • remarkably flue mare, the property of Lord
Falmouth, who nose his animals in the name of
"Mr. Valentine." To the surprise of • great many Lord
Chfclen was brought out for a comparatively insignificant
prim like the Great Surrey Foal Sakes, and he
was only opposed by • French hone, Jarnieotoo,
who, to the &merchant of • great many, ran the
crack to • head • but it was asserted by Deed
S. Vincent that his ions, besides carrying has 61h penalty
for his second in the Derby, had not been " set " for the
race, end was also run; in his shoes. The srrangementa
throughout the week on the course and in the Grand Stand
were admirable, and the catering of Mr. John Xenon, of
the S. Katharine Docks Hotel, pre universal amistaction.
The following are details of the day's nun*:
TEE Giasoow PLATE of 50 son. (handicap), for all ages;
wieners extra. Three-quarters of • mile.
Lord Stainford's !Merton, by Flying Dutchman—Elm,
dale, 4 yrs, eat Sib (A. Edwards) 1
Captain Christle's Spicebox, fi 311, Bat 121 b ....(fordham) 2
Mr. Bowes's Sauterelle, l yrs, eat ltlb 'Crouch)
The following also ran :- Caitlin, /Juke of Cambridge, Leap-
don, Blackdown, Westminster, Fits Ituyter, and Settler.
Bettiag : sto 2 eget Spicabox, 100 to 30 apt Calitan,
5 to 1 each apt Ellerton and Sauterelle, and 10 to 1 apt
Fits Rarer. The moment the flag fall Ellerton ran to the
flout, sod making the running from start to finish woo
easily by two lengths. &Morello was beaten • head from
Spiosbox ; Rattler was fourth, Calibaa filth, and Duke of
Chmbridge last.
The Ewan PLATE of 60 son. (handicap), for all ages ;
weight for age ; winners extra. Chas mile.
Mr. Easmor's Berkeley, by Teddlngton—Saba, 4 ye,
Sri 10th (Doyle) 1
Mr. Mundy's Oda*, x yrs, est7lh (linker) 2
Mr. Yorks The Primeval, 4 yrs, Tst 71b "Daley)
The following also ma :—flelection. clings, Soapstone,
Ma.hael Scott, Bolero, and Aunt Judy.
Betting : 100 to 30 apt Odin., 4 to 1 apt Berkeley,
5 to I apt The Principal, and 100 to 12 apt Michael Seca.
Oars jumped off with the lead, attended by Selection and
Berkeley to the straight, where Selection gave way to The
Principal, At the distance Berkeley joined Odioe, headed
her at the Stand, and won by three-quarters of a length.
The Primer:al was • bed third, Change was fourth, Bolero
fifth, and Selection last.
Tan OAKS STunt of 50 son. each, h ft, for 3-yr-old
fillies ; 13st llAb each. Mile and • half, to be run on the

Valenthtes Queen Bertha, by Klngston—flat,
Bit 1010 otilderoin
Mr. Sargreeve's Marigold, Bet 10th (Doyle)
Count LASlssSe's Vivid, Bet me (A. Watkins)
Yr. Bowes's Did Oran, Oirl, WA DID ;Ashman)
Mr. Ward's Spittes Kitty, Sat DU (IL Orlinshaw)
Lord Stamford's Lady Augusta, Bst 10th (Cnstancel
Lord Stamford's Bea Nymph, Bst Idlb (A. Edwanis)
Mr. l'Anson's Boreal* list lOW (Challoner)
Mr. Sa on a The Countess, ant 10Ih (AidiCeicl)
Lord Slater's Amelia, Bat 10Iti (B. &mem)
Mr. F. Watt's Miss Armstrong, SA 10th Snowden)
Lord lit. Vincent's The Orphan, gat 10th (Reeves)
Mr. Boyce's Fantail, sat 10th (W. Boyce)
Lord Angles..'. Cadean, bit 10th (Daley)
Mr. Ten es Tornado, Bat 10th (G. lordhain)
Mr. Parts lading, est 10th (O. Marlow)
Mr. homing's Gold Dust, Bst 10lb (Norman)
Mr. W. Betunson's Ormitude, SU ItOh (Wells)
Lord Coventry's ThaMstria, sat 10Ib (I. Adams)
Mr. Brayley's Golden Dust, sat lath (X.
_Cowley)
Betting : 5 to 2 apt Borealis. 11 to 2 apt Lady Angst%
6to 1 apt flea Nymph, Bto I apt Marigold, 100 to 8 .gat
Tornado, 100 to 6 apt Miss Armstrong and Udine, 20
to 1 each apt Vivid and Gratitude, 23 to 1 each apt
Golden Dust and Amalie, 100 to 3 each apt Fantail,
Orphan, Countess, and Golden Dust, 50 to 1
each apt Cadeau and Queen Bertha.
The gag fell at (mostly 16 =Mutes past 3 o'clock, at the
third attempt, when Counter at once went to the front,
followed by Golden Duet and The Orphan, succeeded by
Queen Bertha, Sea Nymph, Gratitude, and Cadeau in dose
order well up, whilst the rear was brought up by
Lobs, Fantail, Spitfire Kitty, and Old Orange Girl.
At the top of the hill, Sea Nymph took a lead of
a length of Golden Duet, Tornado being third.
Gratitude, The Orphan, and Miss Armstrong next.
Approaohing the mile post, Golden Duet ran
up to Sea Nymph, and the yam kept dose company, de-
scending the bill to Tottenham Corner, their immediate
followers being Tornado,Queen Bertha, Marigold, Gratitude,
Borealis, Fantail, and Miss Armstrong. Almost au the seine
place as that in which the contretemps of Wednesday
maimed, Golden Dust " mu:wned " against Gratitude,
inipediog her progress as well as that of several others.
In rounding Tattenham Corner, Iselin*, Queen Bertha, Masi-
gold, and Vivid were puisuiog Sea Nymph and Golden
Dust, who nine into the straight aide by side. At the dis-
tance Golden Dust obtained a slight lead of Sea Nymph,
but almost immediately after paring the distance past
Marigold took up the running in the centre of the coarse,
and halfway up Sea Nymph and Golden Dust cauponed-
ing, Queen Bertha, on the near aide, waited upon Marigold,
who was attended on the upper ground by laoline, Vivid
clime up with Queen Bertha, these four bang only in the
race from this point A dozen strides from home Queen
Bertha rapidly got nearer Mangold, and in the last stride
got up and woe, after a splendid finish, by a head. A abort
head divided the second and third ; a length and a half
between third and fourth. Borealis was fifth, 'lid Orange
Girl sixth, Lady Augusta was seventh, and the remainder
straggled in, Spitfire Kitty and Countess being the last
Pair.

THE DIALBY AND OAIB STALES of 5 sous. each, with 30
added ; weight for age, with palmitin and ealling allow-
ances. Half a mile.
itr. W. bey's I by Ruby—Betsy, 2 y a (50i.).0. Sat 12
lolb
car. 64131
rd inaubniob) ns Iby Cortes—Toy, pa ME). Sat sib
(Jobb
Mr. Waylay's NeDgberry. 3 yrs (10L) • ihbse)) 3
The fol•oefing also Pa : Lord tifi.ae Itetainer, Curie,
Westminster. Planck. of Lancaster, , yule Gu, Memory
Seetogton.
Benin : 9 to 4 eget the Betsy filly, 4 to 1 agit Curie, 8
to 1 each eget Gesell. and Retainer They were capitally
started, and the lot ran in don order until half the dis-
tance had been traversed, when Neilgberry, the Betsy filly,
and the Toy filly came away, and after a fine rum, home,
the favourite won by a head, a neck between second mid
third. Nilgherry was fourth, Curie fifth. The winner wan
sold to Mr. Widen for 160 guineas.
TER TOTH GREAT SORRET FOAL BTAEZB of 10 son.
each, with 100 added, for foals of 1860; colts, Bst 101 b
fillies, Bst 71b ; certain penalties and allowances. Last mile
of the Derby coarse. (22 sute.)
Lord St. Vincent's Lord Clinen, by Newmloster—The
Rive Lit 21b iO. Fordharo; 1
Count Lagrange's Jarnicoton, tilt 101 b... ..... (Werth*S
Betting : 8 and 10 to 1 on Lord Charon, who at a mere
cuter preceded Jarnioutoo, but ball way down the bill,
towards Tattesham Corner, the Frenchman pressed the
Derby favourite, and the pace being incieased u they came
up the straight the shouts of "the fielders" were ern.
feroua for Junkman, who lay at the favourite's girths.
Ridden all the way from the distance and twice struck with
the whip the favourite only woo finally by a head. Wat-
kins's foot daring the struggle slipped out of the stirrup.
This was oee of the slowest races ever run at Epsom, the
time being 2 mina. 30i secs.
Tee DI:MOANS STALES (Handicap) of 10 son. each, h ft,
with 100 added ; winters extra. Derby Gomm
Captain Coates's flirtation, by Idle ley—/girt, 6 pa,
aid Sib
Mr. P. Matte's National Guard. 3 yn. 7st 71b.. (Clement) 2
Mr. K B. Dunbar', Overton, to yrs, fist 712 _ft balmier)
' The folMeriair alro ran ..—Earl of Surrey, *Myrtle, Sycophant,
Rhombus, billistone, Walpole, and Energetic.
LATEST amnia ON THE COURSE.
ST. LEGEIt.
9to 2 apt Lord Clifdee (t and GM
8 to 1 King of the Vale (t and off)
1000 to 30 National Guard (4

Full benefit of reduced duty obtained by pnr
Malec Mornbasn's Pare Tea: eery elates at at. 4d. and ea
WO ateettard" et es. at. (fornowly ea Seth to the
sad mei italletoes Imported. amts la may Wilt 1111.117,61 i
in

11.abi Inttllttnce.

EQUITY COURTS.—MAY 22.
(Before the Lord Chancellor.)
This being the first dsy of Trinity Term his lordship at
at Lincoln's-inn.

TA PARTE ZLLISON, El FLLISON.
This was an appeal on the part of the bankrupt, • Nis-
Ellison, a public singer, against a decision of ld r. Con,mis
sinner from, refusing her discharge. The opposing creditor
was the manager of the Oxford and Canterbury Music
Halls. The ground of the comtuismoner's order was that
the bankrupt had improperly declined to exercise her
talents ea a singer for the benefit of the creditors when
called on by the opposing creditor to du so. The case was
beard on the 6th inst., when it wan argued fur the aseignece
that the bankrupt was employed by the opposing creditor
as • singer, but, on the alleged pretext of ill-health, she
refused to fulfil her contract. An action was brought
against her for forfeitures ahe had incurred,a verdict pulsed
against her, and she filed a petition in bankruptcy to get
rid of her contract, the penalties of forfeiture, and the
costa of the action. It waa contended spinet her that she
was not entitled to her discharge, on the ground that she
bad incurred debts without probable means of
paying them, and had vexatiously defended an ac-
tion. It was asked that a conditional discharge should
be granted on her undertaking to allocate a part of her
future earnings to the payment of her debts. The commis-
sioner did not in the first instance adopt this course, but
81Zglthat she should make some amicable arrangement
ime! creditors. This not having been done, he gave
the judgment appealed against.
The Lord Chancellor, on the close of the arguments,
said he was not inclined to give countenance to the ingenious
device of persons entering into contracts with which they
became dissatisfied, and getting rid of them by resorting to
the Court of Bankruptcy. He would consider what his de-
cision would be, and suggested that some arrangement
should be come to in the meantime. His lordship now said
that he had considered the awe, and was glad to say that
he had come to the opinion that Mini Ellisou was entitled to
her discharge, inasmuch as the action against her, though
rightly brought, was not frivolously and vexatiously de-
fended on her part. She would be entitled to the return
of her deposit.
Appeal allowed.

COURT OF COMMON PLEAS.-MiT 22.

Satins is Hanna—(Before Lord Chief Juatiaa Erie, and

JusqCc es VE;M;, Wales: roc I

LOVWLT V. NOORS.-BECIACII OP PBOWII4 Or IWULLIIOZ.

The *total in this are was the widow of a solicitor at
Warwick, sod she and the defendant were espied to le
married in 1857, again in 1859, and also spin subsequently. '
The negotiation, however, came to ca ead, in conga
quota of the terms of a settlement not Wog agreed upon
and thereupon the premot action was brought. The trial
mom on before the Lord Chief Justice at Warwick, where
• great number of letters were put in, end Mao oral evidence
given as to what had passed between the portico; and hi
loedahip expressed his opinion that the result was that the
promise to marry was conditional upon the terms of • settle-
ment being agreed upon. The jury said, "We God for the
defendant, upon the ground that, although there was • pro-
mime by him to marry the plaiutif, such promise was Coe-
ditiooal
and subject to terms as to • settlement which
were never actually agreed on." Afterwards a rule
was obtained fora new trial, upon the ground that both
the judge and the jury were mistaken in thinking that the
promos was conditional ; end that the fact waa that there
were two distinct promisee—one to marry, and soother to

execute a settlement. The question son' Was whether the
rule should be made absolute.

---
Mr. Field and Mr. Willa appearad to show cause; and
Mr. Macaulay, Q.C., and Mr. Mauler Smith, to euppolt the
rule.
-• • •

The Lad Chief Justice, after considerable argument,
suggested that the best thing for the portico was to agree
to stay all farther proceedings.
The defendant's counsel greed to this suggestion, and the
matter stood over to give tune for consulting the plaintiff's
advisers.

COURT OF PROBATE AND DIVORCE.
KAT 22.
(Before the Judge Ordinary.)
NICHOLAON D. NICHOLSON AND HATCLUTIL

Mr. Littler and Mr. C. Russell for the petitioner; the
Queen's Advocate and Mr. Digby for the respondent.
This case came before the court to-day on a motion to
make absolute arule which had been obtained fora new trial,
on the ground of surprise, of the verdict being against
evidence, and upon affidavits. The petitioner was a painter
and glazier at Much Wootton, near Liverpool. He had mar-
ried the respondent in 1844, and he had proceeded against
her for a divorce on amount of adultery said to have been
committed by her 13 years later, with se omnibus driver, io
astable at the Wooltoo Hotel. The principal triter= against
her was a man named Saddam, who deposed to seeing • cri-
minal act take place while be was repairing the roof of the
budding. The jury found the allegation against the re-
spondent, but also returned a verdict establishing a charge
of cruelty against the petitioner. The court nevertheless
granted him a decree nisi.
The learned counsel having spoken on behalf of their
diet.,Theerned judge took time to consider his judgment.