The Express.
London, England, 1863-07-31 00:00:00

1 lIE IqPRESS. FRIDAY FVFNINO, JULY 31, 1863.

. TH3 GOODWOOD COP, itis gift of the Duke Of Richmond,
vales :gill eon., added to • seta of 20 mvs. sack, li ft. Two
miles and a bolt (19 FOPS )
' Mr. R. C. haelor's leoline, by El helbert—Bsisishaw,
3 yrs, Tit Alb rT.Prenchl 1
Mr. A. de Mt ntgotnery's La Toncques, 3 pa, lit 31b
IF. WO 1
1 Mr. W. R. Cartier ghCa Faineater. 5 yrs. Dot Mb ;Cultic& ft
Th following also ran :—Bnckstone, Zetland. Myrtle, and
51azsgan.
Atherstone was scratched at 12.22 on the day of the race.
Batting : 2 to 1 apt Buckatooe, 4 to l apt Fairwater, 6
to 1 etch agat Isoline and Myrtle, 8 to 1 apt La Toucques,
and 100 to 8 apt Zeeland. After being paraded in (rout of
the stand they were capitally despatched from the post at
eleven minutes past three o'clock, Mangan, at a moderate
pace only, beading tee lot, followed along the straight on
the outward journey by Isolise, Fairwater, . and Strytle ;
Zrtlaud and Buckstone abreast following the American
mare at an interval of about a couple of lengths, La
Toucques bringing up the rear. Directly after passing the
stand Fairwater took second place, but a little
further on Mazatlan was followed by Myrtle, Fairwater
dropping into third place;_ lodine going on fourth;
&dead and Buckstone preceding side by side La Toucques
about halts dope lengths from the leader. Upon reaching
the Craven Conroe turn lsoline took third place. Fairwater
fourth, Buck/hes fifth, Zetlend sixth, and La Toucques
last. At the mils post Mazagen still held a slight lead of
Myrtle. the latter about a length in (root of Isoline, who •
was followed by Buokstone, Fairwater, and 7.stland, La
Falcone* still hriogiug up the rear. As they came along,
Fairwater, Zetland, and Buckstose constantly varied their
position, and it was not until they had fairly catered the
straight that " the Barb" was deprived of the lead. When
the Dike of &surest's colours bad dropped suddenly front
the (rout to the absolute last, lao/ine was leading, and La
Toucques 'arum just previously run to the fore. lay well up
with Myrtle, Fatrwater, Zeeland. and Buckstose. The
firstltwo of this lot to compound was Zeeland and Ihmkstoce,
the latter, just within the diatom's, resigned the second
place to La Tot:toques. The French filly ran up to the girths
of Italics, and the pair ran a splendid race peat the stand
enclosure, but Baylis* maintaining a slight lead to the end,
won by a neck. Fairwater was beaten about ten lengths
from La Tow:ones, and Backstops being pulled up jest
before reaching the post, Zetland was placed fourth, and
Myrtle was last of the running lot. Maragan did not peas
the post.

THIRD YEAR 07 THE ELEVENTH BENTINCII MZEORLAL
STAKED of 10 Eon. (sob, for foals of 1859 ; oohs, Sot lib ;
Bet 210. Queen's Atte Coons. About throe mil%
five furious*. (23 mobs.)
Mr. Berllem Bockeohazo. by Voltlgeor, dam by Itburtol.
_•at 7th
(.1. floater) w.o.

TH3 330L109313 HTAILCS of 50 son. each sob., h ft, for
2-molds ; colts. Bst SIMt ; fillies Bst 7th ; winners extra.
T.Y.C., three quarters of a mile. 121 subs/
Count Y. de logrange's hlle de TAlr, by liso.h-a-Ballegh
—Pauline. Set 1210 Sib extra) (A. Watkins) 1
Mr. Merry's SeAtish Chief, 9sl lib (Ine. bib extra)
la I
Mr. R. Teo Broeck's Idler. Sit 1011) (yordham)sallonar)
Ile following also ran Foperanee, Outlaw, Llangollen, Sar-
dinia, Alltanoe, and Alpheus.
The betting opened at 6 to 4 apt Sardinia, but closed at 5
to 2 each apt La Falls de rAir, 3to 1 apt Scottish Chief,
6 to 1 apt Idler, 10 to 1 apt Alpheus, and 100 to 8 apt
Outlaw. Tulle de l'Air made the running, hamog Idler,
Scottish Chief. and Sardinia as attendants to within the
distance, where Idler gave way to Scottish Chisf, but oppo-
site the Stand Fills de I'Air increased ber lead, and won by
two lengths in a canter. A length separated the second
sod third, Sardinia Ina fourth, Llangollen fifth, and Alliance
Lat.

Tee CHICHIBTRE Straus (Handicap) of 10 .on. each,
h ft, with 100 ad,led, for 3-f noldo sad upwanda. T.Y.C.,
throe quartile of a mile. (27 subs.)
Lord Stratb ommys °hernia, by Weatberblt—Copse:k

_
Mad, 3 yrs, est MID (Jean 1
Captain Chriatie's Lady Clifden, 6 yrs, ha lIIID O. Fordham) 3
Lord Uxbridge's ltryible, 3 yrs, Pa 101 D.... (J. Primates') 3
The following also ran Queen of Trumps, Despair, Brian
Born, sad Kingwood.
Betting : 13 to 8 asst Lady Clifden, 3 to 1 Bohemia, 6 to
1 each Erythia and Kiwrood. After several false Matte
Erythia made play followed by Bohemia., Lady Clifden,
and Queen of Trumps. After about • third of the distance
bad been traversed Bohemia went to the front, Lady
Clifdee being in immediate attendance to the stand eoclo.
mire, where the pair quitted their hones, and Lord Strath-
more's filly wee by four lengths ; the rest beaten off.
Tan BUBSIM Oral s of 25 sows. each for 2.yr-olds ; colts,
fist 7th; fillies, Bet 41b. Certain penalties and allowances.
T.Y.C. Three quarters of a mile. (4 subs.)
Count 1. de Wrangell La Belle Fironnlere, Dy Ventre St.
Gas, out of Julia. Pst llb IA. Watkins) n.o.
LATEST BEITINO ON THE COUPES
ST. LEGER.
100 to 8 sot Lord Claes (wanted)
DERBY.
25 to 1 eget llyf
Hoo
25 to 1 Paris y(t) (t)
10,000 to 130 Idler (t)

Dzeunow or Tan Toawro Cum. —lt will be
remembered that the Seel adjustment of this vexed ques-
tion was agreed to be referred to three members of the com-
mittee of the rooms at Tettenelre, " haring no beta upon
the race." On Wednesday, at Goodwood House, the Doke
of Richmond, the Lel of Glasgow, and General Peel enter-
tained the matter, end finally decided in these terms :-
1 " The backers of Tomato win ; the backers of all other
@tarter+ in the Ferahill Stakes losii."—(Signed) ftwomono,
Owoow, J. Pat..

SAW itudligtnie.

EQUITY COURTS.—Jrix 30.
galore the Lord Chaocakr.)
Hie Lordship on taking his not adolressed the bar with
evideo.t emotion .a follows :—I hsve tualmouum to the tar
with pain and sorrow that Sir Cornwell Creeswell died last
night. He stoned his country with eminent ability :or a
prriod of twenty years. There wee in him • rare combina-
tion of high judinal qualities, and the worts over which he
presided hay* sunained • for whisk is almost inoperable.

the premier' was is the railway carriage with a somber of
°theta, among whom was a boy named flea, to be era.
veyed to Maidstone to take their trial at those usiers,
this boy, who lived in the Neighbourhood, and was well so-
queued with the deceased, snot, " I should like to see the
na• who murdered old Steed ;" and the prisoner
said, "Should your' The boy then said to him, 'An
you the mu and the premier replied, "Somebody has
been telling you." The 61 repeated that he should like
to see the man who wee charged with the murder, and the
prisoner then said. " I shall have to hewer fur ." Ins.
mediately after this he appeared to have made a sort of
exolamatioe to this effect-- I deserve all I shall get for it.
It was not more than half • minute about. I did not know
Steed was dead until the next morning.'
Nearly twenty witnesses were examined in support of
the prosecution; sod although most of them wets
ercarenansiael at wens length by the comsat for
the prisoner, their evidence pretty well established the
facia above stated. Charles Watson, the soldier, saicl,
however, that the conversations to which he deposed did
not all take place at one time, but on different occasions
during a period of sieves weeks that he was confined with
the prisoner at Canterbury, before they were sent to
M1'140.0116 to take their trial. lie accounted for this by
saying that prbooere, according to the gaol regulations,
were not allowed to converse with each other,
and that they were liable to punishment if they
were detected in doing so by the warders. and
consequently they were obliged to coarsens by stealth, and
he said that the conversatioas to which he referred were bad
with the prisoner without the knowledge of the warden,
while they were walking round the yard at exercise.
In rirexantieatioo the witness add that be did not men-
Jima a word about what the prisoner had said to him until
last Wednesday, and he said he should not have done so
then if Supenotentlant Walker had not asked him if the
prisoner had said anithing to him while they were
rowan tegether, aud he then told him all
that had taken pleat. Mr. Barrow also elicited from this
whaler in croesexaminatioo that in adiiitioo to what be
had already stated, the prisoner said that it had occurred
through drink, and that he and the deceased had quarrelled
before the affray took place.
Mr. Barrow, at the close of the ease for the prosecution,
made • very aide @perch to the jury on behalf of the pri-
soner, sad after observing that it was solely through the
homauity of the learned judge that he and his
learned Mead appeared oe his behalf, and calling
their attention to the difficult position in which an advocate
was placed who was called upon to defend a prancer who was
charged with an offence for which his life might be for-
feited upon the scaffold, without any previous instructions
or information, he said, It appeared to him there were two
very important qumtioes fur the jury to take into conside-
ration before they would be justified in returning a ver-
dict that would consign the prisoner to an igno-
minious death. The feet of these questions was
whether a murder had been committed, sod the
second was whether the prisoner was proved to have
beim the man who committed the act. The
learned counsel then proceeded with • good deal of inge-
nuity to contend that there was no seldome of any malice
on the part of the primmer towards the deceased, or any-
thing to show that, when they set off together on this
fatal evening to return home, the prisoner entertained any
idea of committing violence upon the deceased, and that the
probability was that, even supposing they should be of
opinion that the prisoner was the mu by whom the act was
committed, • guanol and affray took place between
them, and that the act was done under the az-
citemeot of passion, and was not premeditated,
which would reduce the crime from that of wilful murder
to manslaughter. He next proceeded to contend that the
evidence was not conclusive upon the point that the prisoner
wee the wear who committed the violence upon the de-
ceased ; and he said that if there was soy doubt in their
minds upon this point the prisoner was entitled to the
benefit of it,

The leaned judge then summed up the evidence with the
greatest cart cod minuteness.
The jury retired soon atter seven o'clock to deliberate upon
their verdict.

They returned into court in about half an hour, ►nd found
the primmer Guilty.
Tee learned judge they passed sentence of death in the
usual form, stating to the prisoner at the woe time that,
from the nature of his crime, be must not expect to receive
any mercy on this side the grave.
The prisoner heard the sentence without exhibiting the
slightest emotion, and when the learned judge bad con-
cluded he bowed tightly to him and alao to the jury.
He wee then removed by the warden.
The trial was not concluded until nearly 8 o'clock.

emu. SlDl.—(Before Baron Bramwell and a Special Jury.)

BARON TETNHAM AND OTHERS T. MBAR&

. ..
Thb was an action of ejectment brought by the plaintiffs
to recover from the defendant, William Henry Mears, pee-
sessiou of a garden, outain outbuildinp, sod two rooms,
portions of the mansion attached to the Nash Court estate,
at Boughton, Leaf Faversham, the property of the plaintiffs.
Mr. Lush, Q C.. and Mr. Watkin Williams were for the
plaintiffs ; sod Serjesnt Shea and Sir G. Bony man were
oouosel for the defendant. . _

This cause was a rather peculiar one, the only title
that wee set up on behalf of the defendant befog that
for more than twenty yea's he bad been in pos-
session of the property without paying any rent, and
that therefore the right of the plaintiffs to it bad
lapsed. It appeared that the state in question
formerly belonged to a gentleman named Hawkins, and that
more than forty years ego Mae grandfather of the present
defendant was in his service as gardener, end occupied •
cottage upon the estate and bad the use of • gardeu, and
upon the death of the grandfather, his son, and eventually
the present defendant, remained upon the premises in the
same capacity. It appeared that there had been litigation
among the family of Mr. Hawkins in relation to thispro-
perty, the result of which was that the mansion was not
occupied, but the defendant and his grandmother were
permitted to remain in the cottage as unapt& upon
the understanding that the former should cultivate
the garden and keep the grounds in order, and in
lieu of wages he was to have the use of the cot-
tage as • residence, and to be allowed to appropriate the
produce of the garden to his own use, sod two rooms were
also allotted to him in the mansion to be need as places to
store his fruit. The peewit plaintiffs obtained • title to
the estate by marriage with daughters of Mr. Hawkins, and
it appeared that, the legal disputes having been finally ad-
justed, the parties entitled ts. the estate were desirous last
year of disposing of the property, and the defendant was
desired to give up possession of the portion of it occupied
by him. He however refused, and asserted that be was
entitled to it by reason of his having enjoyed undisturbed
possession for more Hutt twenty years, and when the cot-
tage he had occupied wee subsequently polled down by
the plaintiffs. he devoted one of the rooms in the
mansion itself, that be had been permitted to make
use of for the purpose above stated, es a dwelling, sod set
the plaintiffs at defiance, and it was found necessary to
bring this actios of ejectment to compel him to quit.
As thecae* we. virtually an undefended one, all that was
necesury for the plaintiffs to do was to make out their title,
sad as there were a good many complicated matters of proof
to be established, although there wee not the slightest doubt
la to the legal title to the iodate. thin necessarily occupied
• good deal of time, and Serjeant Shoe took various technical
objections to portions of the 'eidetic*.
Bramwell said he did sot know whether the learned
serjesst intended to put the plaintiffs to strict proof of
their title, but all be could pay was, that if any link were
wanting be would adjourn the cause for • mouth if it were
nemesary, to enable them to bring forward the required
proof, and in such • case as this he certainly should not
allow the defendant to take any advantage of the absence
of technical proof.
Some further evidence was then adduced, by which it
appeared that the defendant bad always been treated as •
servant, that he had been permitted to take marline from
the farmyard, that be always dined with the other servant,
at the sonual dinner, and that be had never paid any rates
or texas, or attempted to set up anything like ownership
till the time referred to.
Serjeant Shea made a brief address to the jury on be.
half of the defendant, and he endeavoured to show that he
was not a servant, but that be was a tenant of the portion
of
theeeoperty that be occupied, and inasmuch as he
had • no rent for twenty years, and had not been inter-
( with, that as the law at present stool he had obtained
a legal right and title to the property, and was entitled
to • verdict in the present action.
Baron Bramwell, in summing up, said it appeared to him
that all the evidence in the cause utterly negatived the sug-
gestion that the defendant was anything but a servant, If
be bad been a tenant, what right bad he to take the manure
from the farm-yard. why was be present at the servants'
dinner, and how did it happen that he had never paid any
rates or taxes! If the jury agreed with him upon these
points, the defendant bad made out no ease whatever, and
the plaintiffs were eotitird to recover.
The jury without a moment's hesitation returned • verdict
for the plaintiffs. _
NORFOLK CIRCUIT.—NosIncii, JULY 30.
..—CILOWN COURT.—(Before Mr. Justice Wightman.)

AA's Fisk pleaded not guilty to au indictment charging
him with housebreaking nod stealing forty-five pounds worth
of silver coin, the property of William Shorter, a market
gardener.
lir. Mayo prosecuted, and Mr. Cooper defended the
prietmer.
The caw turned very much upon the identification of a
doubtful @billing which a debtor of the proescutor had paid
to him, and marked on the morning of the day upon which
the robbery is supposed to have been committed.
The jury returned a verdict of Guilty; and the learned
jigssesteoced the prisoner to four years' penal gervitude.
James Neve and James Ropers, Mowers, pleaded sot
guilty to an iodictmenk for violently assaulting William
%melt, and robbing him of seven sovereigns and fourteen
halfeovereigos, in the parish of South Lynn, on the 17th
of May. 1863.
Mr. Hodgson prosecuted : the prisoners were undefended
by *pummel
The prosecutor on the night upon which the robbery woe
alleged to have been committed germs to have been drinking
and playing skittles at the George and Dragon Ins, at Lysa.
The prisoner, were enpged in setting up the skittle pins
there, and the prosecutor identified them se having met him
on the road as he was returning home and there robbed
him. The prisoners eras-examined the prosecutor with
some pertinacity, with a view to showing that
be was drunk on the night io question, and not
in a condition to remember what took plass,
or to give an account of bow he lost big mossy. Several
witnesses were called to sapped the peoeseetkie, sad the

result of the evidence appeared to be that the pimenentor 'me
ecenewlut the worse for liquor, and wu boasting of the
amount of money which he had about him.
The jury returned a verdict of Not Guilty for both
Kimura, and they were therefore discharged.