The Express.
London, England, 1863-06-25 00:00:00

THE b.ll' BESS, THURSDAY EVENING, JUNE 25, 1863.

Betting :sto 4 oe Wee Agile. Woo by three-quarters
of • length ; a head between the second and third, and ball
a length between the third and fourth. The winner was
bought is for 110 guiueas.
Tax gourx's Rea of 1® &mew for 3.1 r-olds and
upwards. Two miles and • half. (10 subs.)
Chmeaway,
Mr. B. rbelloson's Bally Edmond, by Bantam—
6 IT.. 104 (O. FOrdharn) t
Lord W. Powtett's Paste, 5 yrs. lost (a. Rogers: 2
Mr. Bryan's Millionaire, 6 yrs, 10st cab 17. Gaiter, 3
The following also ran :—Petershinn and Dunkeld.
Betting: 2 to 1 apt Bally Edmund and Paste, 9 to 4 apt
Millionaire, and 20 to 1 aget any other. Won by a length ;
Millionaire beaten three lengths from the second, and a
similar distance divided the third and fourth.
Tun Town Mart (Handicap) of 50 son., for 3-yr-olds
land upwards ; winoers extra. About seven furlongs.
Mr. H. Manna Consternation. 4 yrs, tetslb (B.Cirimshaw) 1
Mr. Payne 's Trap, 3 yin. Est 101 b (A. Woodhouse: 2
Mr. Daley's gantlet, 3 yn, Tat 2.1 h (Sadgrove)
The following also ran :—Watereiteh, Lady Derby, Keane.
Betting : 6 to 5 apt Trap, 4 to 1 aptWaterwitcb, 5 to 1
apt Beane, 6 to 1 apt Consternation. Won by two lengths ;
three lengths between second and third.

lab) *nitUignla.

COURT OF QUIZNI3 BENOH.—Juxi 24.
After Term Nisi Prise Sittings Westminster. —(l3dor•
Lent Chief Justioe Oockburo sod • Special Jury.)
DICILLSON V. LORD CONBCRIIKRZ AND OTHIRs.

After our report left yesterday,
Lord Wißoo, examined by Mr. Lush. deposed—l am not
a military name, and have no knowledge of the internal
&imminent or management of a regiment. I was appointed
to the colonelcy of the regiment in 1840 by the late Duke
of Wellington. Colonel North was in command of the
regiment, and when he retired Colonel Dickson was ap-
pointed on my recommendation. I did not knew before its
disembodiment the stateof the regiment, having left it in the
bands of Lieut -Colonel Dickson. After the disembodiment
I subscribed 1001. to it. In May, 1857, I received a letter
freer Captain Dixon ; but before that I had asked him to
furnish me with • statement of the financial position of the
regiment, which he did, showing • balance of
4e 11d. in the cash account, but a debt of 734/.
against the regiment. I had no reason to doubt its
oorrectnese at the time. On the 14th May I received
a latter from Captain Dixon containing the complaints
seinst Colonel Dickson which led to the ap-
pointment of the regimental board of inquiry. I consulted
Colonel North, and be considered I had no other course to
pursue than to appoint a regimental board of inquiry, and I
consequently directed the adjutant to have the inquiry, and
I appointed Major Walker and Captains Cooper and Judd as
the board. Colonel Dickson made no objection to the Dowd,
or its constitution. My firm conviction at that time
was, from my high opinion of Colonel Dickson,
that the result would be favourable to him. I did net
interfere in the inquiry. On the receipt of the report of
the board I forwarded it to Colonel Dickson expressing a
hope that he would be able to eatisfactorily explain the
charges brought against him. He sent in three separate
explanation'. I again cznsulted Colonel North, and he ad-
vised me to forward all the papers to Lord ooinbermers,
and I accordingly did so. I remember meeting Lord Com-
bermere at a ball before I sent in the papers. I mentioned
to him there were certain irregularities in the regiment the
aticubus of which I was afraid I should have to send to
for his interference. After I bad sent in the papers I
received a note from Lord Coinheratere, and I called on him
in consequence with Colonel North. I stated I considered
it was the duty of the lord-lieutenant to take the necemary
proceedings upon them. His lordship said the accounts
were so confused he could hardly make them out, but he
bad seen sufficient in the report to satisfy him to recommend
Colonel Dickson's removal, and that he would inquire what
was the proper course to pursue. Oe the 9th April I wan
sued on Messrs. Sharpus's account, and upon that I celled
again on Lord Gorobermere in company with Colonel North.
I informed his lordship that I had been sued, and remarked
that I thought it was an unusual circumstance for a colonel
to be sued on a regimental debt, and he replied it was a
disgraceful thing, and he would make inquiries of the
proper authorities how to act. I called on his lordship on
the 3rd of May in company. with Colonel North, and on
Lord Combennere's suggestion we went toths Horse Guards,
and were emit to the War-offiotwhere we saw General Peel.
About the llth of May Lord Combermere sect to me for •
copy of the charges, which I transmitted to him. The infor-
mation about the Wellington College. funds was sent to me
by the quartermaster, and I had reamed other information
from officers of the regimeut, as contained in my letter to
Lord Combermere recommending Colonel Dickson's removal
from the regiment. I had nothing to do with the matter
after I sent in the paper, and I acted on Colonel North's
advice. I heard of the board of inquiry, and I called on
General Peel to know if I might send in the papers by my
adjutant I waited on the baud at their request, and I
informed them I knew nothing of the accounts of the regi-
ment, and that I thought my attendance would be of very
little advantage to them. They said as I could furnish them
with no information I need not attend. I emphatically deny
that I said I had seen General Peel, who had informed me
I need not attend. All that passed between
me and General Peel was relative to the
absolute attendance of the adjutant. I was not
actuated by any ill-feeling towards Colonel Dickson. I
never made a single charge against him. They were all
made by others, and I had no alternative but to forward
them to Lord Combermere, or I should have been subjected
to military censure. I told Lord Combermere that Colonel
Dickson was • good officer, and that 1 placed implicit confi-
dence in bin,. God forbid that I should have endeavoured
to influence Lord Combermere or any one else to procure his
diorama.
Cross-examined by Mr. Coleridge—The noble lord was
crces-examined at some length relative to the details of the
accounts and his communications with Colonel Dickson
thereon. I was aware from Colonel Dickson there was con-
siderable outstanding liabilities of the
&regiment, but I can't
say if he particularly mentioned Means. arum's bill. I had,
however, niceived• notiosfrom Messrs. Sharpe,. He told me
there were outstanding bills which it was difficult to liqui-
date, but he did not say how the funds had been appro-
priiited. He wee never informed what charges were made
against him by his fellow officers, which were sent in to the
War-office.l thought it better to report them together,
and Ist them be considered in other quarters. The noble
lord was cronHuamined also with reference to his interview
with Mr. Dunoombe, and other matters connected with the
Wquiry, but nothing material was elicited.
B Mr.
_Lush—l wa• not influenced by anyone to get rid
of Colonel Dickman for the purpose of promoting General
Walker.
Mr. Lush said he had but one witness more to call, viz.
Colonel North, but he was absent on public matters, and
I could not attend until the next sitting of the court.
I The Lord Chief Justice mid he had made other
talt
mentaerthan those stated ee sod would anrig
furth hearing of the causy terday
e on Friday morning at ten
o'clock.
kir. Bovill asked if there was any case against Lord Com-
bermere that required him to address the jury ?
The Lord Chief Justice said the learned counsel must
appeal to Mr. Coleridge.
Mr. Coleridge said he should like to have time to consider
the question before answering it.
The further hearing of the cue was then adjourned till
Friday morning at 10 o'clock by consent, this being the last
day of these sittings.
The Lord Chief Justice will proceed to-morrow in this
court with a part-heard case from circuit be is trying with-
out a jury, and afterwards preside im bunco iu the cause of
a Meanie.

THE CASE OF THE " ALEXANDRA."

(Concluded from yesterday's Express.)
The Attorney-General said the crown had not thought it
right to indict any of the defendants, as the consequence
of a conviction
a on an indictment would be penal, and they
simply asked that the ship Alexandra should be declared
duly forfeited, which was the most lenient course they
meld adopt.
The Lord Chief Baron—ls it lawful for • shipbuilder to
build a ship which is capable of being turned to warlike
purposes with the view of offering it for sale to a balk-
.gerent, to be used against a power with which we are at
peace
The Attorney-General—l would rather confine my answer
to this—All we allege is that the ship. was built with the
intention that it should enter the manes of soother power
at war with a power with which we are at peace. We do
not allege anything more than that that would create an
offence under the act.
The Lord Chief Baron-1 have no hesitation in saying
that, according to all the decisions, • shipbuilder has as
much right to build a ship and to sell it to either of the
belligerent parties as the maker of goopowder or of
muskets, or any other warlike implements, has
to sell any of three articles to the same parties. It is
Lid down in Kent's commentaries on the American law
that it is the right of neutral subjects to supply both
belligerents with arms and all munitions of war, and why
should they not supply ships
The Attorney-General said he did not controvert that pro-
puition, bat contended that it was not raised in the present
case. The learned gentleman then referred to the ab-
sence of Mr. Miller, the shipbuilder, and said it might
fairly be assumed that he had not been called because he
mould not oontradiot the evidence of De Costa and other
whimsies who had been called. In conclusion he added that
the crown was not outsaideg for victorlor mastery, but
that on the contrary the proceedings had n taken on the
sole responsibility, and by the advice of the legal officers of
the crown. He denied that the government had been in
the slightest degree coerced or influenced by any represen-
tations on the part of the government of the United States.
The Lord Chief Baron then summed up the evidence. He
said the question for the jury to consider was whether there
had been any infringement, on the part of the parsons con-
nected with the construction cf the Alexandra, of the
Foreign Enlistment Act. The information against the de-
fendants wsa of a very voluminous character, but the
main charge was for equipping, furnishing, and fitting
out and arming a vessel, contrary to the previsionsof
that set. The question was one of momentous importance,
and he regretted that such a question should have arias in
consequence of dimensions between two portions of a nation
bound to us by common origin, common laws, common ,
language, and common literature, end shove all by a strong
desire for constitutional freedom. He reminded the jury
that though the cue partook only of the cheneter of the I
seizure of a vessel, it contained a charge of crime against
individuals. Under these circumstances. the accused per- I
sons were entitled to the benefit of any doubt, and to justify
the verdict against them there mint be absolute proof, and
not mere suspicion. The jury had therefore to consider
whether the allegations of the crown were clearly estab-
lished, or whether there were such reasonable grounds of
doubt as to justify them in recording their verdict for the
defendants. He quoted the opinion of Chancellor Kent, to
the effect that, although neutral countries were bound to
restrain their subjects from selling toor exporting for the me of
belligerents with whom they were at peace contraband of
war, there was no law in America which prohibited the eiti-
sees of the United State* from sending vessels of war to a
belligerent power for sale. It was a mere commercial specs-
baton which only subjected the vessel to confiscation if
were seized by the enemy. The 7th section of the Foreign
Enlistment Act was all they hid to do with at present, and
it enacted that if any person in this country should equip,
furnish, and fit out a vessel, or aid in doing so, with the in-
tention that, such vessel should be employed as a ship of
war against a power with which this country was at peace,
then such vessel should be liable to seizure and forfeiture.
It was not suggested that the sale of a war venal by a pri-
vate firm would reader it liable to seizure. In point of fact
if manufacturers at Birmingham were at liberty to make
arms for the use of the belligerents • why should
set a similar privilege be conceded to Liverpool
eldphuilders in the cam of ships ? His lordship
then expressed a strong opinion that the execution of an
order to build a vessel under the same circumstance as those
is this matter was not one of the owe contemplated by the
act, and said it was surely not unlawful for the United
States to direct that a ship of a particular description should
be supplied to them from this country. He denied that
this construction of the Foreign Enlistment Act would have
the effect of repealing or nullifying its provisions. What
the statute meant to do was not to protect the belligerent
power, but to prevent the ports of this country being m Ade
the seat of hostile armameota for those power. It was
said that you should not build a vessel of war to be
timed by the United States in one of our ports, when
in the same port, and at the same time, a similar
vessel might be building for the Confederate States,
which would inevitably come in collision with
it as soon as it left the port. Many allusions
had been made in the course of the case to the Alabama,
but he held that as that vessel left Liverpool unequipped
and unarmed, and as a simple ship, she committed no un-
lawful act, and they had nothing to do with the fact that
at a subsequent period she was armed and converted into a
vessel of war at Tundra, which was not in her Majesty's
dominions. The offence against which the Meanie was
directed was " equipping, furnishing, and fitting out, or
airman!" a vessel, and be found from NVebster's Dictionary
that " equipping" meant furnishing a ship with arms, as,
for instance, a privateer, sod "furnishing" and "fitting
out" were equivalent terms.
The jury having intimated to his lordship that they bad
• perfect recollection of the evidence, sod did not desire it
to be all read over the learned judge said he thought the
moat important evidence was that of Captain Eoglefield,
whom both sides had spoken of with the highest respect as
an officer who had given his testimony with perfect can-
dour and fairness. The blamed judge then read his evidence
as to the present condition of the Alexandra, and said that
though he admitted that the vessel was capable of being
made a war vessel, he distinctly stated that she might be
used as a yacht, and there was evidently in his opinion
an absence of that equipping, furnishing, fitting out, and
arming, which would bring the Alexandra within the
meaning of the 7th section of the Foreign Enlistment Act.
If the jury thought that the object of the defendants was
to equip, furnish, fit out, and arm the vessel at Liverpool,
they would find a verdict for the crown ; but if in their
opinion the object of the defendants really was to build the
ship merely in obedience to order and in compliance with
the contract they had entered into for the purpose, leaving
those who bought it to make what use of it they thought
proper, it appeared to him that in such a casethe Foreign
Enlistment -,Act had not been broken.
The jury almost immediately returned a verdict for the
defendants.
The announcement of the verdict was received with •
round of applause by the people who crowded the court.
The Attorney-General tendered a bill of exceptions to
the direction of the learned judge to the jury.
This was the lailt day of the sittings after term at West-
minster.

COURT OF EXCHEQUER.-JUNE 24.
SECOND COUNT.

Sittings at Nisi Prins.—(Before Mr. Baron Martin and •
Common Jury.)
BROWN V. MIT&
This was an action brought by the plaintiff, • butler in
the employ of a gentleman at 10, Hyde-park-gardens, against
the defendant, the proprietor of Cremorne;ardens and the
Ashburnham-ball, to recover the sum of 202., the value of
• Scotch terrier dog. lost through the alleged negligence of
the defendant's servants.
It appeared from the evidence that in the beginning of
the present year the plaintiff's attention was drawn to
an advertisement in one of the newspapers, announcing
the defendant's intention to open the Ashbornham•
haU with • dog show, and inviting the public
to send their dogs for exhibition. The plaintiff,
who was possessed of the dog in question, and which
weighed only 41b., sent it to the show, and three days
' afterwards it was loot, but how no one knew. He contended
. that as the defendant opened the hall for gain, he was
liable for the value of thedog, which was estimated at 201.
The plaintiff, in cross-examination, admitted that Mr.
Smith had written two letters to his (the plaintiff's) at.
Lorca —one informing him that the dog could be recovered
' for 51., and the other that Mr. Smith bad paid theteum,
and if the plaintiff liked to fetch the dog he could have it,
• but no notice was taken of those letters. The dog cost '
originally 1/.
The defence was that there was to negligence on the
part of the defendant. He had provided 40 attendants,
12 policemen, a sergeant and inspector, and also • veteri-
' nary surgeon, eta coat of over ae week to look after,
; attend to. arid see that 0000 of the dogs (1,500 in all) were
' stolen. The dog was lost, but how no one knew. As soon
as the defendant had any communication about it he in-
stituted an inquiry, and at Met he heard that the
dog could be recovered upon payment of 51. He
accordingly wrote to the plaintiff, informing him of the
fact, and receiving no answer he paid the 5/. and wrote to
the plaintiff that he might come and take it away. He re-
ceived no answer to that letter, and shortly afterwards the
p . dog died of distemper. On these grounds the defendant
RAILWAY AWD PUBLIC COXPLNIPA IN ABMS-
contended he was not liable. He bad taken every care to
=yr.—Yesterday, after hearing Mr. Denims, Q.C., on the prevent the loss of dogs; and secondly, when he heard where
whole case, the committee of which the led of Romney is the dog was he paid "5/. for its recovery, and offered it to the
chairman threw out the Wrexham, Mold, and Counah
--.S plaintiff, who refused to take it back.
Quay Bailee., and the Drayton Junction Railway. In the The jury, after being locked up for half an hour, were dis-
Commoos Mr. Nicholson, C.F.. was examined in favour of
the Blackburn, Charley, and Wigan Railway. charged by the learned judge without giving a verdict, they
' stating that there was no chaaoe of their agreeing.
THI RAILWAY ACCIDENT AT STREATHAM.—Yea- • _ . ___.
terday morning Mr. Wm. Carter, the coroner for East Sur.: COURT OF BANKRUPTCY. —Jr:in 24
ray, resumed at St. Thomas Hospital the investigation !
into the circumstances attending the death of John Sidman, 1 (Before Mr. Consmissioner Goulburn.)
aged 33 years, the engioedriver of the train which met lit ix SHAW AND SHAW.
with the serious accident near the Streatham station of the The bankrupts, Caroline Eliza and Frederick Shaw, were
London, Brighton, and South Coast Railway, on the evening printers and stationers, of Tooley-street and Dockbead.
of Friday, the 24th nit., and by which several persons had This was the sitting for examination and discharge. The
been killtd and a large number wounded. The jury having debts are 2,935/. ; all the property had been conveyed under
answered to their names, the Coroner said that he did not • bill of sale. At a former sitting it appeared
then intend to take any evidence, but proposed to adjourn that the bankrupt, Frederick Shaw, bad altered
again until the other investigation at Streatham was con- his books, with a view to obtain • loan of 5001.
eluded. The inquiry was accordingly adjourned for • fort- from Mr. Wagstaff. of Chancery-lane. The loan had never
night. i been made ; and when the affairs of the bankrupts came to
CRYSTAL PALACIL —The great rose show of the be investigated the alterations were discovered and set
season will be held on Saturday next, the 27th Met. Fromwhich
right by Mr. Paul, the somuntant. The fahnfication was
the unusually fine weather, theentrien axe far 12113TODUMSTOU discovered abreagh a cash amount being filed,
than on any former occasion. Up to last night considerably showed the receipts to be 1801. lass than they ought to be
more than 5.000 trines of this beautiful flower, with above b the books, the books having been altered so as to show
the taking to be 1801. more than they were.
200 plants in pots and yams were entered by the largest Mr. sog.d. the •
I and Mr. Lawrence, for
growers io the country. As in addition to the show there
will boa dramatic enterteitiment under the management the bankrupts, now agreed t t the elder bankrupt, who
of Mr. Buckstone, in the large concert-room. Saturday
and si,
had notbi to do with the attempted fraud, should pass
may be considered a day of special attraction. receive er order of discharge ; the case of the other
bankrupt to stand over until the 9th of November.
[Advertisement.] HOLLOWAY'S PILIA. When
formidable fevers and other contagious complaints are prevalent.: The
bankruptslla C.ooll..LlAdwa
.101 AID 1. F. 11..00i.rtlAmerchux.mhe
and
Ronowsys purifying Pills are the bad correctives of the system. '
___,_ 7 ...--cv_--It. ...,
s and the surest cleansers of the blood. No one should permit core =person, m se...nue-court, Teerer•hill. This in/
lany disordered action to continue when It can be so day rev. the sitting for examination and discharge. Debts, 1,6731. ;
tilled by these pills : even nue days delay may bring bitter cause assets about 4001., besides some property held as security.
to rue that 'Bald next ct. There can arise no danger from taking Mr. Abrahams opposed for the assignees. The bankrupts
Liellovrays medicine, and no dillienity can occur In administer- h.A .e.t.a ~.... forte sale oi wine for Moms. Bar",
Mg It to the young and delicate ; clear and definite Instructions ...,—m,.;„,. -..„1'" ahtalarge tof the proceeds in
envelope each box. To feel that the body Is out of order is sant. s'' '.-----. - put
dant warranty for mess add, ad' eater arrest their pockets. They bad been required to amount for this
disease, even where , oe detaketsoi, about Mi. ; bat bad not done so matialastorily.

The elder bankrupt pa lengthened explanation in a
mixture of Prue sad F
His Honour said it only amounted to this, that his own
buaioess was so bad he had been induced to apply M.
adjourned sine money to his owu nee. Th examination would be
die, with protection of
two months. He
was sorry. to observe that our Gallia friends were addicted
to rendering bad accounts.
Mr. Abrahams—They keep their books very well.
The Commissioner—The more blame to them for not
rendering proper accounts. We have great difficulty here in
eliciting the truth from them.
IN RE LILVLBERO AND WALTON.
The bankrupt' were cornice-pole manufacturers, of 492,
Oxford-street. Liabilities, 5,6341. ; emote stated at 1.5601.
This was the sitting for examination and discharge.
' Mr. 0. B. Lewis, for the aedirnees, asked for an adjourn-
ment. The case war a very peculiar one. There were lia-
bilities on bills amounting to 2,6601., and a great number
of those bills were believed to lie forged, by whom did not
appear, but they had been principally put in circulation by
a person named Smith, late manager to the bankrupts, who
had absconded.
Mr. Abrahams, on behalf of creditors, wished to know
when there would be a dividend?
Mr. Lewis said abet the property was in course of realiea-
tion, and as soon as the bob were got in, a dividend meeting
would be advertised.
Mr. Saugood, on behalf of Lenxberg, objected to his being
=to furnish the accounts which were asked for by the
It was ultimately arranged that Lenzberg's examination
should be adjourned for six weeks. Walton, who did not
appear, was ordered to be proclaimed.
Dr RZ T. TOWEL
The bankrupt was a master in the Royal Navy, residing
at New Soother. Debts about 6001. • no assets. This
wee the sitting for examination and discharge.
Mr. Goodday appeared for the (Acid 'mine% and did
not oppose. It was urged on behalf of the aupt, by
Mr. Lawrence, his solicitor, that he had • large family, and
bed been on an expensive station in the Pacific. His half.
pay was only fis. • day.
His Honour granted the order, without any condition.

COCK-FIGHTINO AT DONINGTONSALL ON

SUNDAYS.

coinuonox 'TD MARQUIS OR MASTINGB VOR COCK-

(Beim Nr. Oommieloom Holroyd.),

/10112ING.
LOUGHBOROUGH, WIDDISIDAY Bram.
This usually quiet town this day somewhat de-
parted from its ordinary character in consequence of the
legal proomaiinp which had been instituted against the
Marquis of Hastings, the owner of a large amount of pro-
perty in the neighbourhood, that nobleman haring been
cited at the instance of the Royal Society for the Proms-
' tiou of Cruelty to Animals to appear, in conjunction with
certain other persons (amongst whom is a magistrate for the
county), before a bench of magistr rates, to answer the charge
of being engaged in the cruel and illegal amusement of
lighting cocks at his mansion at Donington-hall, the Sunday
afternoon being selected u the occasion when this should

take place.
Thee, proceedings were taken against the Marquis of Hut.
jags and John Storey, jun., for causing a cook to be cruelly
tortured, under the 12th and 13th Yid., chap. 92, sec. 2 ;
and against John Storey, gen. Robert H. Storey, Henry
Storey, Edward Platte, Jewell Farebrother, and James
Duniellow, to aiding sad abetting in the said Offset°, under
the 11th and 12th Viet., cap. 43 (Jervis's Act.)
Before the time of opening the courtroom, which is at-
tached to the police-office, there were many applications
for admission. The business commenced before the dis-
trict magistrates, arnonpt whom were E. C. Middleton,
Esq._ (chairman), Charles Shakespeare, Esq., Thomas
Caddiek, Fig. (lord of the manor), and there were present a
great number of the most influential persons in the neigh-
bourhood.
Mr. Sleigh, specially retained, conducted the prosecution
on behalf of the Royal Society for the Preveston of Cruelty
to Animals • Mr. Merewether appeared for the Marquis of
Hastings and the other defendants.
Soon after the proceedings commenced
the court was
crowded almost to sonoutioa. The Marquis of Hastings
and all the defendants, with one exception, were present
Xr. Sleigh having opened the case at exit length,
Mr. William Love was called and examined by Mr.
Sleigh. He said—l am principal constable of the Society fur
the Prevention of Cruelty to Animals. Upon
Thursday, th
4th of June, about two o'clock in the day, m coasequenoe of
instructions which were received from the secretary, I came
does to this county. On that day I milled on the defendant
Platte at • lodge belonging to the Marquis of Hastings at
Ii ieg's Mills. I sent an officer to his home before I went
myself. I saw Platte, and after making allusion to the state
of the weather asked if he had • game cock to sell, or could
tell me where I could purchase one. I saidaftwv," I tin-
' demand theldiaquis of Hastings had some cock.fighting at
the hall • few Sundays ago." He replied, " we had
some good sport • little while iw at the ball." I asked him
bow long it was, and he rid, " Three weeks last Sunday"
Le slower to further quakes put by myself and
the officer who acoompenied me, George Choyce,
the defendant said—We fought six pair of cocks
at the kennel', near to old Bradley's house, aod
there were six cocks killed. The cocks all had steel spurs
put on them, and I heeled most of them. The marquis put
the spurs on one cock himself, and he put them on the
wrong way, when young Jack Storey, of okinCi, who
was there, said, ' • What the devil are you • t—you
have put them ailerons." Dumellow and another keeper
held the cocks while we heeled them.
Mr. Merewether said Lord Hastings was obliged to leave,
but he was bound to say that • most complete contradiction
would be given to this evidence. He could not hear, and
therefore it was =elms for him to remain.
Mr. Sleigh said Mr. Merewether ought not then to make
such observations.
The Marquis of Hastings then retired.
The evidence wee proceeded with. Dumellow and an-
other keeper heeled the cocks. None of them were
trimmed, only heeled, and se they were fighting, blood
flew about to some tune, I can tell you. Farebrother,
gamekeeper to Lady Edith, at Wellesley-park, brought 12
cocks in a cart, but they did not all fight. The marquis
and young Jack Storey put the cocks together to fight—in
fact they fought them alts There were present bends the
marquis. old Jack Storey and his
tee, fighting
Harry, Jack, aod
Bob. I did not see old Harry while the fighting was going
on, but I expect he was somewhere where he could see it
all, as I know he liles it. He mid old Bradley, the keeper,
was there. He mid the marquie had got 12 dark places put
up for cocks, and I expect we shall have • rare go-iu at
cocking when the marquis cocoa of age. The next day I
called, in company with Choyoe and Farebrother, at Welles-
ley. After conversation on his health and state of the
weather, I said, " I want to buy a game cock ; know you
keep a lot for the Marquis of Hastings, and thought he
might have one to sell." lie said be had none of his own, and
therefore had none to sell. I told him I saw Ned
Platte yesterday at Dopington, and be told us they had some
rare cock fighting at the hall. He mid, "Oh, did you see
Ned Platte ;he told us all about it." He said, " Yes, we
bad raresport. I was there. Lord flutings wrote me •
letter on the previous Friday, ordering me to take twelve
cocks to Dopington, but the letter was mislaid, for I did
Paget it until Sunday, and I had enough to do to get the
cocks together. I was obliged to send men round. But at
last I got them together, put them in bags, and took them in
• cart. The fighting took place at the kennels, close to Old
Bradley's hones, and we were at it the best pert of
three bourn I heeled some of the ceche, and Ned
Platte heeled the rest. The cooks all fought with
steel spurs. I showed Ned Platte how to heel them,
and young Dumelow held them while we heeled them.
The marquis and young Jack Story put the cocks together
to fight. The marquis is a pretty good handler. There
were six cocks killed, and my fowls fought better than any
of therm I have got one here that I will show you. It got
struck in the back after it killed one cook, and could not
fight any longer. I saw cocks fight like it in my life:
even after the were knocked down they lay upon their
backs and f t and pecked one
scamther. Load Hastings
is very food o cocking. I keep any as thirty cooks for
him out at different places. There were three of the Story.
there—Jack, Bob, sod Harry, and another tall gentleman
whose name I did not know. I brought seven cocks back.
I bad five killed. The witness then stated the effect of
conversations he had with other MOD. sad which in sub-
theme ware the same as that detailed above.
George Young—l am in the employ of the society. I
called on Lord Hastings, in St. Jamee's-place, on Monday,
the Bth of June. I war accompanied by the secretary of
the society. He said, "I am secretary to the Royal So-
ciety for Prevention of Cruelty to Animals. In cease-
queoce of information I received I am informed that on Sun-
day, the Illth of May, your lordship, • magistrate of the
county, and other gentlemen, had • cock fight at Doming-
ton-hall. I always make it a rale, whenever a charge is
made against • gentleman, to make him acquainted with it,
so that he may have an opportunity of proving whether the
charge is true or not." The secretary then pointed
out the act of parliament relating to the offence, and his
lordship said, I did not know that cock fighting was
against the law, but I knew dog fighting was." The moni-
tory said the judges had decided that it was not an offence
under the 3rd section, unless there was dchting cocks in a
place kept for the purpose. The marquis " Wel
that was not • place kept births purpose." The secretary
said, " Certainly not, but the judges have decided that •
cock is R domestic animal, and the cruelly torturing a cock
comes under the 2nd section of the act. lam not going to
say that your lordship acted cruelly to any animal, but my
information says your lordship ordered the fight, and that
you handled the cocks, and that six out of nineteen were
killed." The marquis in knower said, " Well, I don't
know how many were killed. There were& great many
cocks and hens there fighting, and neither I nor my ser-
vants'. stopped them." The secretary then said, "It I un-
derstand your lordship, you deny that the fight took place
and his lordship said, "No, there was one in the manner
such as I have described." The secretary then 'aid, "Your
lordship denies taking any part in the fight, or that there
were any other persons except your servants present?"
The marquis answered, "Oh, co; all the Storeys were there,
as well as the l° epee ; and as far as lem concerned I don't
care • • but lam sorry for young Story." The se-
cretary mid, "So am I • but when cruelty to animals is
proved it becomes my duty to prosecute, whether the of-
fenders are rich or poor." The secretary further said, "I
am told the cocks fought with spurs and with extraordinary
county, and that six out of 19 were killed." The marquis
said' I do not know how many were killed, it is so long ago;
but I should like to know who gave you the information,
sod then L should knoklmy friends from my enemies." The
secretary refused to give his information.
Mr. John Colam, the secretary, confirmed the evidence of
the last wither.
After • good deal of other evidence a consultation took
place between the counsel engaged on both sides, and at its
°occlusion,
Mr. Merewether said that he thought the bench would
find that the time his learned friend and himself bad been
occupied had not been wasted, and after the admission which
Lord Hastings had made to the secretary he thought he
could not say that there had been no cock fighting ; but his
lordship denied altogether that there bad been any cruelty
used in the reuse of the words of the information. He had
always denied the cruelty. He denied it then, and them-
fore be (Mr. Merewether) should retire from the case, as far
as he was concerned, and could only say that he had unin-
tentionally transgressed the law on this occasion. As re-
garded the defendants Dumellow, Platte, and Farebrother,
he considered that evidence bad hero obtained from them in
• very improper manner.
A conviction against them was entered.
Mr. Merewether then addressed the bench, and said that
a Mr. Monday, • magistrate, had travelled all day to be
present, and he was ready to be called to state that Mr.
John Storey accompanied him on that Sunday afternoon
from Lociungton, that he never quitted him, and therefore
that be could not have been present to be • spectator or
take part is such a sport on the Sunday afternoon. This
being the cue, be hoped he would stand acquitted, not only
in that court, but by all who knew him.
Mr. Sleigh, u representing the society, said that justice
war now amply satisfied by the conviction of thus defend-
ants. As to the defendants, he would not say one word
with regard to the further evidence he could produce
against them. As to the gentleman whom his learned friend
had just named, no ove would be more rejoiced than the so-
ciety that he had taken no part in the proceedings, which
were disgraceful to persons professing to be Christians, and
people who were supposed to have humane feelings. He
hoped that it would go forth that such sea were disgraceful,
whether committed by the peer or the peasant, and the only
object of the society was, to afford protection to dumb
animate that were unable to protect themselves. (Applause.)
The magistrates then retired to consider their decision,
sod on thew return in about two minutes,
The Chairman mid—For my own gart, as long as I

TN RE [ULT.—POWERS 07 THE LOEDOR'S OODET.
The bankrupt, described as a merchant, applied for his
release from custody.
Mr. Denny supported the application. The bankrupt_ had
bees mewed to pay a lIIIM of 121. by the Lord Mayor's
Court, and having failed too ply with that order he was
now in custody for contempt.
His Honour said there was a clause in the Lord Mayor's
Court Act which prevented his interfering to order the re-
lean. The bankrupt must first purge his contempt in that
court.