The Express.
London, England, 1863-06-11 00:00:00

THE EXPI2SS, TIMES ofk N r VENING, JUNE 11, 1863.

MUSIC.

MADAME SAINTON DOLBY AND IL SAINTON'S

CONCERT.

This concert was given last evening at St. James's
Hall, which wan tilled to overflowing by a fashionable and
highly musical audience. No members of the musical pro-
fession are greeter favourites of the public than M. and
Madame Sainton, and they are respected and esteemed as
much as they are admired.
The concert of last night was an entertainment of • high
order. The programme was ample, and at the same time
choice. There was an instrumental orchestra, strong both
in numbers and quality, for it was composed of the moat
eminent performers on every instrument. For singers there
were Madame Saintomllolby herself, kfdlle. Carlotta Patti,
and Signor Dells Sedie ; for solo-instrumentalists there were
Madame Arabella Goddard and M. Sainton. The following
were • few of the most remarkable pieces. Beethoven's
overture to Leonora, which opened the concert; •
concerto for the violin by Auber, played by M. Sainton—a
musical curiosity as well as • beautiful composition, for it
is one of the earliest works of the author, written long be
fore his name had become famous aa a dramatic musician ;
Mendelsaohn's pianoforte concerto in CI minor, played by
Madame Arabella Goddard with her usual perfection of execu-
tion, style, and expresaion ; Anber's International Overture,
written for the great Fahibition of lest year, sod Webee's
Jubilee Overture, which was the finale to the concert.
These were the chief instrumental pieces. Madame Sainton
sang the air, " Divinitis do Styx," from Gluck's Altette,
with that 6r dramatic declamation for which her per-
formance of this class of music is distinguished. She also
sang Mercadante's enema, " Grade demand Dei," which
displayed admirably the quality of her rich and mellow
contralto voice; together with • couple of her favourite
ballads. Mdlle. Carlotta Patti swag several of thee" pieces
which exhibit her extraordinary compass of voice and power
of execution ; particularly the Polaoca " Son vergine
vezzoss," which she loaded with no-called embellishment+
till every trace of Bellies 's melody was lost. Signor Dells
Sadie sang the air, " Eri tue." from Us Balk is Manoters,
sod the Serenade from Don Giovanni. Such were the
principal materials of this admirable and interesting
concert.

SPORTING INTELLIGENCE.

HAMPTON RACES.—WimmeDAy.

Notwithstanding that the early morning in town was of
a threatening nature, the clouds broke off by mid-day, and
the first race on Morilsey Hurst was decided in brilliant sun- '
shine, each as shone over the Heath at Ascot during the
late meeting ; but just before the Sunny and Middlesex
Stakes was run a heavy thunderstorm descended and
thoroughly drenched the eight *kin who bad gone down
to the starting-post for that, the principal event of the day.
Thursday, however, is the great fete day of the Cockneys ;
and, should the weather continue fine, there is every pen
pect of a tremendous gathering on " the Cup day.' The
attendance on Wednesday was entail in comparison with
that which will take place this day (Thursday), but still
there was a strong muster of pleasure-seekers, and the bet-
ting ring was well filled with bookmakers and backing of
hones. The sport, which requires no preliminary com-
ment, terminated as follows :
TBB STAND PLATE (Handicap) of 60 son., for all ages ;
winners extra. Three-quarters of a mile.
Mr. W. W. Baker's Bolero by Fandango—California,
4 yn, Ist (James filghtingall) 1
Mr. Geo. Angelic Cadiz, 8 pis. Est 611).... (A. Woodhouse, 2
Mr. B. J. Anplre Lord Burielgh, 4 yrs, fist (111bberd)
The following also ran :—Gem of the Sea, Change, Walpole,
Odine. Rosin., ZsMo, Copia, Atlas, Energetic. and Maubourquet.
Betting : 100 to 30 each apt Bolero and Atlas, 6to 1
apt Cadiz, 7 to 1 apt Gem of the Sea, and 8 to 1 apt
Roma. Without any delay they were evenly started ; but
in • few strides Bolero secured a alight lead, but giving way
elmost immediately, Gent of the del went to the front, her
attendants being Lord Burleigh, Cadiz. Rosins, and Bolero.
Entering the straight, Gem of the See hung out signals
of distress, and at the distance resigned the lend to Bolero,
who increased the advantage, sod won easily by a length and
a half. Four lengths between second and third. Atlas
was fourth, Walpde fifth, and fiLaubourquet runts The last
three were Gem of the Sea, Rosin, and Energetic.
TIRE Two YEAR OLD STAKES of 3 soya. each, with 25
added, for 2-yr-old colts Bst 101 b ; fillies, Bst 71b ; certain
allowances, sod winners extra. Half mile.
Lord Westmoreland's Birch Broom by Idle Boy—Bavaria,
Bst 121 b (Inc 81b not) (J. Goatee) 1
Mr. Jok'e's Stonewall Jackson, 84 71b (W. &Stow 2
lir. C. Rekfs Little-00, Sat 71b
The following also ran :—Stainky, b I by Lord of the
Isles—Maud by Loop Oarou, Blight, Lad of the West.
Betting : 3 to 1 at Birch Broom, and 10 to 1 against any
other offered. Birch Broom waited upon Stonewall Jack-
son and Little-Go to the half distance, where he came
away and won in a canter by six length*: Three parts of
• length separated the second and third. Min the Maid,
and Blight were next ; and Stainley and Lord of the Isles
were the last two, beaten a loot
_way.
Tag LNEFMFEBEe PLATS of 30 leel., added to a Sweep-
stakes of 5 son. each ; for 3-yr-olds and upwards. Selling
and other allowances. Three quarters of a mile. (11 subs.)
.Mr. Bay nets Dirt Cheap, by Orlando—cis. to Fillus.v yes,
Sat Mb '501) (Bradford) 1
Mr. Angel's Viel, 4 yrs, 7st 911) (501.)
Mr. John N*httopll's ritaltuyter, fat 911;Fe(664.)
Jas. Nightingall)
The following also ran :—Porn, Buckley. Bedford (late Pawns),
Good,for Nothing. sad &Tinton.
Tux SOW= AND MIDDLESEX STAMM (Handicap), of 10
son. each, 5 It, and 2 only if declared, with 100 added ;
winners extra. Two miles. (40 subs., 19 of whom pay

2 mon. each.)
Mr. Simile's Beckenham, by Voltigenr, dam by Ithuriel—
h dater.a dam 4 71a. bet do (J. Coster) 1
118r..tr. Day_'s Canary 5 yrs, 7st 71b ra Rogers) 2
WaPala. 4 Yra, est 71b (James Niglitingall)
The following Wo ran:—Gibraltar, lelich.inthe•Pan, Brian
Born, Clw .w.e and Truant.
Betting : 9 to 4 each apt Buckenham and Canary, 6 to 1
apt Truett, and 10 to 1 offered spinet any other. Gibral-
tar made play, followed by FWM-in-the-Pan, Truant,
Brien Bora, and Canary, Buckaoham lying three or four
lengths from the leaden. Perin the stand Flaah-in-the.
Pan took ap the running, Gibraltar, Walpole, Canary, and
Brian Boris following closely in the order named, until they
arrived at the lower turn, where Flash-in-the-Pan somewhat
increesed his lead, and, descending the bill, was three or four
lengths in front of Gibraltar. Upon reaching the road the
leading division elated up and ran nearly abreast to the
three.quarter mile post ; shortly afterpassing which, Canary
rushed to the front, and came on with a clear laid of Gi-
braltar ; after whom wee Walpole, Beckenham, sod Brian
Born to the lower turn, where Beckenham joined Canary,
and the pair raced together to the diatance, where Becken-
ham came on and woa by two lengths • • length mid a half
between second and third ; Gibraltar was fourth, Brian
Bora fifth, Flash in the Pan sixth, Gasconade seventh, and
Truant list.
Tar Cuasziforr STAIRS of 10 nova. each, 3 ft, with 50
added, for 2-yr•olds ; colts, Bst 101 b ; fillies, list 71b ; winners
extra. New T.Y.C. (18 anba)
Mr. Brayley's nick Friar, by Vedette—Worthies'.
gat 101 b
Mr. 0. Bryan'. Woodcraft, Sat lib (Castance) 2
Mr. U. Marsh's Lash Nichol, Set 12th (Inc bib est)
(A. Edwards) 3
. .

Warwick also ran.
Garotter was wretched for this race at 10.54 on the
morning of the race.
Betting •. 6to 4 agstßlack Friar, 3 to 1 each eget lady
Nichol sod Lady Warwick, and 4 to 1 mot Woodcraft.
Black Friar made all the running, and won by ten lengths.
Tun HURST Pram of 40 sows., added to a Sweepstakes of
5 *ova. each, for 3.yr-olds and upwards ; w looms extra.
Selling and other allot/anon. Three-quarters of a mile.
(10 subs.)
Mr. Greenlee (alan, by Volvode—Ossa, 3 yrs (401),
Tet 41b
Mr. Bashkir's Ballverne, 4 yrs (401.) gat 3.1 b .... (Reeves)
Mr. =sons Kennett, 3 yrs of.), let 116 .. (Cannon) 3
The following also ran : Atte; Bedford, Sault; and The Idea.
Betting : 7to 4 eget Kennett, Bto 2 (at first 6 to 4) agst
Orissa, and 501Delit &hyenas. At the distance Oman
and BilliVerDe Kennett, who up to that point had
made nearly alltbe running. The firstmeotioned pair ran
home a close race, 0•41111), who had throughout the boat of
the struggle, winning cleverly by a neck. Kennett was
beaten three lengths from Etaliveroe, and The Idea was
fourth. The last three were Bedford, Atlas, mid Send..
The winner was bought by Mr. W. Berry for Captain Hand-
ley, for 115 guineas.

lab) intelligenct.

COURT OF COMMON PLEAS.—JrNs 10.
Sittings io Beitoo.—(Before Lord Chief Justice Eck and
Justices Williams, Wills., sod Bales.)
RUMMY r. TOO NORM KAMM RAILWAY COMPANY.-

CARRYING LllOOAOt BT AN IXCUBBION TRAIN.
The plaintiff in this case was a commercial traveller, and •••
in October last betook an excursion ticket from Scarborough to
Whitby, and travelled by a trate in which not only excursion-
We, but also ordinary passengers west. Previous to taking
h is ticket,his portmanteau, which weighed upward* of 1001 be.,
andcontsined wearing apparel, samples, &c., wan placed in the
van. At Whitby, be sent the boots at the hotel for the port-
maoteau, but the company refused to deliver it unless
3e. Id. were paid for conveying it. This demand was
made upon the ground that the plaintiff bad
travelled with an excursion ticket, which was issued upon
'
the terms that no luggage was allowed. The plaintiff I
refused to pay the demand, and brought this action to re- ,
cover damages for the detention of the portmanteau. The
case mu tried before Mr. Baron Martin at York, where the '
jury found for the plaintiff, damages 40s. Subsequently a
rule fora new trial was granted ; and the question now was,
whether the rule sbwld be made absolute.
Mr. Quin appeared to show cause ; and Mr. Temple,
Q.C., and Mr. isty, Q.C.. to support the rule.
The counsel for the railway company said that there was
a very important question raised, via' whether the com-
pany had power to pant excursion tickets with the condi-
tion that no luggage should be allowed. The company's act
contained this provision, that every traveller travelling on
the railway might take with him his ordinary luggage not
exceeding 150 lbs. first class, and 100 lbs. wood and third
class without extra charge. The learned judge upon this
directed the jury that the plaintiff was entitled to take with
him his portmanteau. This it wes submitted was a misdi.
radial ; and it was also urged that if excursionist were
allowed to carry luggage, it would necessitate very great
alterations in the system of excursion traffic.
The plaintiff's counsel, however, contended that the ver-
dict had not at all turned upon the alleged misdirection.
The company claimed to be paid upon the same terms as if
the plaintiff bad asked them to carry his portmanteau from
Scarborough to Whitby, whereas be had done nothing of
the sort. Ile had wished to have the portmanteau carried
°sly is far as Mallon, where he intended to call for it on
his way back and take it oa to York ; but it Ina taken on
in consequence of the guard refuting to take cue of it at
Melton. The plaintiff had cootracted with the com-
pany to carry to Scarborough, and therefore they could not
detain the luggage until the carriage was paid.
The Court thought that the role should be made absolute,
upon the ground that the plaintiff had, by hie acts, virtually
rerounced his right to carry luggage in consideration of
being taken for a less fare, as much as if having paid the full
fare for himself and his portmanteau he had afterwards con-
tracted to take his portmanteau oat of the train upon
having a part of the fare returned. The plaintiff having
attempted to evade the payment for his luggage, had no
right now to say that the company could not detain it until
the carriage was paid, because no contract had been made
with them.
Rule absolute.

COURT OF EXCHEQUER.—JrNE 10.
Salop in Banco.—(Before Lord Chief Baron Pollock and

Sara; Chaim]ll as 4 Wilda)

IN RE RICOONIBANCIS Or Tllll " BUN" NEWESPAPZIL
This case arose out of the action of " Jones v. Young,"
which was brought in November, 1856, in the Common
Plena, by Dr. Jones, a medical man, against Mr. Murdo
Young, the late proprietor of the Sun newspaper, for a
libel published in that journal. The trial took plane at the
spring assizes at Kingston in 1857, when a verdict wee taken
by consent for the plaintiff, with 2,0001., the full amount of
damages claimed, with a referee°, to Mr. Bodkin to deter-
mine the actual amount of damages which the defendant
should pay. In June following Mr. Bodkin made an award
assessing the damages at 2501., and requiring the defendant
to insert an apology in the newspaper by a certain time, and
in the event of his not doing so increasing the damages to
2,0001. Negotiations then took pleas between the parties
as to the payment of the arbitrators' fees, which bad to be
liquidated before the award could be taken up, but the ar-
rangement made between them was not carried out. The
plaintiff did not take up the award until long after the time
prescribed for the apology bad expired, and under these
circumstances he entered up judgment in the Common Pleas
for the 2,0001. An objection having been taken by the
defendant that the award was bad, the plaintiff compro-
mined the matter for 4001. paid down and 7001. to be
paid in bills. The 4001. was paid, and also 2931.,
making altogether 6931., but no more. The plaintiff
afterwards issued a fi. fa. against the defendant Young, and
the sheriff returned nulls bons. A rule was then obtained
in this court by Mr. D. Keane, on the part of the plaintiff,
calling upon the sureties' of the newspaper, Mears. John
Chaplain and Adam R. Steele, to show cause why a ti. fa.
should not be issued against them for the amount of the
judgment in the Common Pleas. The rule was greeted
under the provisions of the 60 George 111., c. 9, and 1 Wil-
liam IV., c. 73, see. 2, which require sureties to be given
by newspaper proprietors, and give jurisdiction to this
court in such matters.'
Mr. Manisty, Q.C., and Mr. Prentice, in showing cause
against the rule, contended that the award was bad, and
that the compromise had discharged the sureties from lia-
bility. They also submitted that, ea is was the duty of the
plaintiff to take up the award, and as be had delayed doing
so, there was no default on the defendant's part in not
making an apology within the prescribed time.
Mr. D. Keane, on the other side, contended that what-
ever objections might be urged to the judgment of the Com-
mon Pleas, the Court of Exchequer was bound under the
terms of the statute to enforce it against the sureties of the
newspaper on application being made to them for the

The Court discharged the rule with costa. They thought
it was the duty of the plaintiff to have taken up the award,
and that the defendant Young was therefore guiltyJ of no
default in not making an apology within the perioddirected
by the arbitrator. But though, as far as be was con-
cerned, they must treat the judgment of the Common Pleas
as good, the statute gave power to thi court to consider
whether it was valid against the sureties, and in their
opinion it was not.
Rule discharged with owls accordingly.

COURT OF PROBATE AND DIVORCE.
Julys 10.
(Before the Judge Ordinary.)
WILLOUGHBY V. WILLOUGHBY AND JOHNSON.
Dr. Swabey 'for the petitioner; Dr. Wambey for the
respondent.
Mr. Thomas Willoughby, the manager of a bank at
Daveistry, married Eliza Cox in 1854. They were both so-
quainted with the co-respondent, who was the son of a
farmer in the neighbourhood, and be was also a fellow mem-
ber of • rifle corps with the petitioner. Last year John-
son obtained • situation at Ditchley as bailiff to Lord
Dillon. In September the respondent left her husband
under pretence of going to see her sister at Oxford ; but in-
stead of that she really Walt W Ditchley and spent several
d• alone with the oo.respoadent at his cottage.
nisi with costa.

COURT OF BANKRUPTCY.—JUNE 10.
(Before Mr. Commissioner Holroyd.)

111 HZ HAWHELET.-THH CAM= OF A GENTLEMAN ON THE

TURF.

The bankrupt, Archibald Campbell Douglas Hawksley,
was described es of Englegeld-peen, near Staines, a breeder
and trainer of racehorses, and speoulator on the turf. This
ems the sitting for examination and discharge. The 0n...
cured debts are upwards of 12,000/. ; meta realised about
4,0001., with a probability of 3,0001. more coming in.
Mr. fiargood opposed for the asaignees ; Mr. E. Reed for
Messrs. Godfrey and Waterer, seedsmen, who are creditors
for 4501. ; Mr. C. F. Lewis supported.
It was urged spinet the bankrupt that the name of •
person named Salter, who was alleged to be a creditor for
8,500/., did not appear in his list of creditors, and that,
being entitled to a sum of 20,0001. stock under
the will of his father, which came into his pos-
session in November but, be bad transferred the
greater portion of that sum to the trustees of a Mn. Horace
Pitt, with whom he had been living at a place called " The
Dell," near Staines, in discharge of alleged advances made
during several years.
The bankrupt, examined, stated that he bad filed what
he called a betting moonlit, from which it appeared that he
had lost 7301. on the Liverpool races. This betting had
led to an absolute logs. The laces were upwards of 1,7001.,
spinet winnings of about 1,000/. The statement had been
made out for him by his " commissioner," Mr. Fisher, from
the book produced. At Doncaster races, in September
last, he bad woo 2,0351. and lost 4501., leaving a balance
of upwards of 1,5001. He bad resided at the Dell for se-
veral years, and had expended various sums of money in
ornamentiog the gardens and grounds. The claim of the trainer
for horses wee 1,7001. He did not come into possession of the
property under his father's will until he was 35 years of age.
He was 35 in November last. The property, which was in
stock, realised upwards of 18,0001. Of this sum 17,0001.
odd was paid over to the solicitors of Mrs. Horace Pitt, who
lived at the Dell, near Staines. He had also lived there for
nine years. The money was handed to her trustees in dis-
charge of advances made to him during that time. The
while of the money he received under his father's will bad
gone at the time of his bankruptcy. Since 1855 be had bad
the annual interest of the 20,000/. Console—between 5001.
and 6001. a year. With a view to make a little money he had
Wien • lams, at a rent of 1141. a year ; but he thought
that he had lost by it on the whole, as well
as by his horse-trainiog and betting on the turf.
Did not know bow much he had lost in seven years ; to be
candid, he had not the least idea. Fordham, the jockey,
was a creditor of his for 2631., for sneers of salary. He
hed arranged to bourne Fordbam's "second master." The
2631. represented Fordham's "retaining fee"—(a laughl—
and the expenses. Mr. Henrn Fisher, of the Strand, who
was his commissioner for betting, was a creditor for 9001.
for money paid out of pocket. He supposed that Mrs. Pitt
was the owner of the property at the Dell. At one time
sbe had only • life interest in it. When she purchased the
rwrersioo of the Dell, be found 5,0001. of the purchase.
money. He bed been pledged to repay Mn. Pitt's advances
out of the money received under his father's will ever since
the advsooes were made. He did not keep hones at the Dell,
but brood mares ; be might have bad 11$ or 20 a* one
time. His expenditure would be about 1,0001. a year. The
cgrounds at the incloding ornamental walks, he., bad
ost him upwards of 1,501:01. He bad hoped to recoup him.

self by speculations ow the turf. He had calculated on
having a surplus of 1,3004 or 1,5001. from his father's pro-
perty after paying Mrs. Pitt. He was entitled to 1,0001.
on the death of his elder sister. He had been in the Life
Guards, but bad sold out after his father's death. His
father had allowed him an income of 4001. or 5001. • year.
Mr. Padwick, who was himself on the turf, was • creditor
for 1,186/. for mooey lent and the purchase of horses.
Mr. Godfrey, one of the opposing creditors, was examined.
The bankrupt at one time owed them 1,5001., and gave a
bond, payable in June, 1862, when he said he should re-
ceive the money under his father's wilt He afterwards
said he should not receive it till November, and promised
payment then.
Mr. Sargoud submitted that the bankrupt had been
clearly guilty of uujustallable extravagance and rash and
hazardous speculation in betting.
Mr. Reed submitted that the bankrupt was not justified
in incurring an expenditure of 1,5001. in plants, shrubs, and
greenhouses.
Mr. Lewis relied on the general good features of the case.
There were no acconiroodation bills ; there would be • good
dividend ; and the large creditors, with one or two excel,.
Hone, were on the turf as well as the bankrupt himself.
His Honour did not think that the court was called on to
give an adverse judgment against the bankrupt is reference
to the case of Messrs. Godfrey and Waterer. When he
gave the hood and made the promise to them
he might have believed that he would be able
to carry it out. Having come to the conclusion
that be ought to place hie affairs in the hands of
his creditors he was justified in making no further pay-
ments. But he was open to the other charges of extrava-
gance in living and rash and hazardous speculation. The
case was, no doubt, • lamentable one, as Mr. Sargood had
observed. The bankrupt might have t een in the pommies
of ample means; but from the course he had pursued he
was now penniless. Raab and hazardous speculation, as
well as extravagance in living, depended on the circum-
stances of each we. This bankrupt had spent I,looi. and
1,2001. a year ; and the more he took from his income for
the purpose of farming or breeding horse', the tees he would
have to meet his ordinary expenditure. It did not appear
that be had pined anythiog by farming or by breeding horses.
He had lost 1,4001. or 1,5001. by betting in the last
year ; and it could not be said that this was not
rash and hazardous speculation, or that it had not
contributed to the failure. Formerly a bankrupt who had
lost 201. in one day by betting, or 2001. altogether, could not
have biz certificate at all ; showing that the legislature re-
garded this as rash and hazardous speculation. This was the
case, whether the party betting was successful or not. In
the latter case he most likely not only brought about his
own ruin, bat that of others connected with him. It was a
favourable circumstance in this case that the assets were
comparatively large. The court felt bound to visit the
bankrupt with an adverse judgment, en the ground of rash
and hazardous speculation and unjustifiable extravagance in
living. At one time there was very great suspicion as to
the &drawee alleged to have been made to the bankrupt by
Mrs. Pitt; but those suspicious bad been removed. The
order of discharge would be suspended for 12 mouths, with
protection.