The Express.
London, England, 1864-06-20 00:00:00

3 1'
THE EXPRESS, MONDAY EVENING, JUNE 20, 1884.

SPORTING INTELLIGENCE.

THE MEETINGS IN HAMPSHIRE.
--TO TUE =7Ol OP Tat 11711/28.

-
BIN —The proceedings of the past week were
unimportant, generally speaking, the only infuriating ques-
tion raised by the Newton and Hampton results being
whether Victorious may not be as good a two-year old et Lid-
disstos, for be beat Advance at Hampton jut as easily
as Mr. Merry's colt did in the New Makes at Ascot. Leery-
thing can be learned on this point, however, at Stockbridge.
when Anti•Macamar (second to Victorious at Epsom), sad
Wild Boy (second to Liddingtou in his first race at Aaeot.
are likely to meet, and thus it would only be premature to
attempt arriving at any conclusion upon it just new.
There are other circumstances to assist in investing the
racing to take place (hunt* the current week with more
thea ordinary importance, the programme issued for Stock-
bridge containing many interesting two year-old events,
whilst it is by far the moat attractive ever framed
for the meet*, which has become No popular of
late_ years, that the three days instead of two hardly allow
niftiest time to get through the work ; and if Tartithe had
•• too much of a good thing" at Ascot, what will they think
of the forthcoming campaign, with twenty-six public rams
and half .a-score of machos in three days
Odiham is sufficiently close to Stockbridge to become iden-
tified therewith, end tew will neglect to make a call on
Tuesday on their way to the more select affair, a fair pro-
gramme of sport being made up. However, the probable
destination of the handicaps depends on what may be cleated
to do battle for this* stables with several representatives in
each ; and the Hurstbourne Stakes, for two-year-olds, half-
smile, is only a question of Grappler starting, he having
much the best of the weights with both Blackbird and
Simple Maid.
. .

-i'ließibury Club mom, decided at Stockbridge, are Dearly
all waged to Wednesday, when the interest will mainly
°Goths is the two-year-old Biennial, in which is swaged Mr.
Merry's much-talked of Wild Charley, besides The Duke,
another heavily backed candidate forth. Derby that has never
run ; and if the latter is preferred to his stable companions
Kalil& and Shrepuell by the Damburyites, the Non of Wild
Dayrell must prove es good as be is amerted to be to beat
him. Whatever wine will establish a glorious reputation,
for besides the Count de Lagrange's good-looking La Fortune
and Botha:ago, and Ostregor, who have only run in public
to get beaten, there are Anti-Mamma, Wild Boy, and
Jezebel, whose form must be written A 1, the only question
being whether the latter ma get the distance. But this
doubt does not exist with regard to any of the others ; and
with Wild Charley, the best of the Danbury lot, Anti-
Macassar, and 11 ild Boy among the starters, the contest
will be the most important one between two-year olds that
has been witnessed as yet this season, the two mom of Wild
Dayrell being the most promisieg. The Champagne Stakes,
five furlongs, where Rothoinsgo has a mooed engagement,
is sot so important an affair, ame of the twenty-three sub-
scribers having shows great form, although Missionary and
Trapeze might be first elms, the letter having cleverly dis-
posed of The Star in a match at Newmarket, whilst Mis-
sionary did Dot get away with his opponents at Bath. His
looks are a great recommendation, and if equal to them, he
ought to win, although he must be more than moderate to beat
Siberia and Trapeze. In the &bury Handicap, one mile
and a halt, General Hems is well treated, Welbeck, is the
same interest, having sa good a reason to feel satisfied ; still,
Raglan is "beet in, end if John Day an find a better ally
is Canary or Tenant!s the rise will hardly be oarried away
from Stockbridge. The =met of Mention in th•100f.
Plate is a very Indent one, as is also that of Vahalathus in
the five (wimp Handicap, wherein Lord Uxbridge has
Jnpon also to oppose the mighty Donebary interest, which is
also well represented in the Beaufort Handicap, two miles ;
and with three of William Day's in the swim also, leaving
only Mr. Cartwright and Mr. Craven to be beaten by the
brothers, they may make warty as greet a certainty of it
as they dad laseyear. The three-yr-old Benial, one mile sad
a half, must be won by Ely, unless Young Rapid can show
his Ascot Vase form again ; but it will puzzle the talents
to find the winner of the Stockbridge Cup, as the seven
furlong course is too much for Attraction, who beside* gives
341 b to a fear 2-yr.old like Cordoba, with bib and the year
to the 4-yr-old Eleanor, who was third for the last Octo-
ber Handicap to the Monk and Man-at. Arms. Then we
have Gamma only giving 81b for two years to At-
traction, and on the strength of her running at Epsom with
Vivid, Lord Stamford's mare ought to win. In the Mottle-
, font Stakes Mr. Merry has both Liddington and Wild
Charley ; and while almost certain to reserve the fiat
named for the July and Chesterfield Stakes (worth over
3,0001. in the aggregate), Wild Charley 's performance on
Wednesday must display whether he can beat the best of J.
Day's—probably Shrapoell, who has a pretty good thing
before him in his spin with Blackbird, the only match any
light can be thrown upon before the ringing of the eaddliog
bell. The Hastings', Fielder, Uxbridge, Railway, Stewards ,
Visitors', and Vi estmoreland Plates are mere lotteries at
present; and the Troy Stakes, for two-year-olds, five far.
loam is Dot in a much better plight, so many of the two
more mitered having prior engagements, with licetigCor-
della, Castregor, and Shrapnel among the number. What-
ever their performances may say for those, however, great
confidante will be due to Tennyson and Gardevisure, and
well-wishers of the meeting may crake sure of
a spirited race inaugurating this rich stake. The
Geotlenieu's Derby, two miles, will afford the Count
a favourable opportunity of losing his maideohood,
for he receives nearly three stogie from Cellar OD, and 710.
from Welbeck, who are the best of his opponents, the old
mare being the most dangerous of the par. The Stewards'
Plate, two miles, may be rather too high pm. for him to
fly at, the stable possessing a more trustworthy ally in Lad
Zetland ; and if they are in earnest with him he may only
have to fear The Major, Idler's day not being so near et
baud perhaps. The Denebury Nursery, for two-year olds,
hat a mils, is well named, the home stable being very for-
midable with the Duke of Beaufort's Lansdowne or &bees,
who have all the beet of the weights, with everything but the
promising Gipsy Boy and the Star, who have yet, however,
to prove equal to their looks.
Beverley is the oily other fixture of the week besides
those in Hampshire, the most interesting event to bedecided
there during Wednesday and Thursday being the Biahep
Burton Stakes, for twoyear-olds, wherein John Osborne
can boast of two excellent performers in Spring Gun and
Wild Agues, the beet of which will have to beat something
good in Weatherglass, Blackbird or Benanoar The
Leader, Nothing More, end the Frangipanni colt, the latter
being not unlikely to upset the brown jacket. For the
Beverley Cup, one miloate-a-Itelf, Dr. Hooke and Fontenoy
are both penalised, and Oreville has not *a much the worst
of the weights as be bad originally, be having bat Veasen
to fear, as Bypermnestre has figured most inglotionaly of
late. I can see nothing worth recommending for the other
events, unless they bring out the slashing Cutts Hill for
the paltry Grimace Plate, which there is some rams to
doubt, certainty as it looks-1 am, he. METEOR.

LONDON BETTING.-SATIIIILDAL
NORTHUMBERLAND PLATE.
6 to 1 apt Ptr Roger (Uteri 100 to 8 apt Caller On 3.)
6 to 1 Fouod Again( f 100 to 6 Totiooltita
t 71°1)

GOODWOOD STAKES.
15 to 1 apt Maestri (w) 1 26 to 1 apt Gillis Callum
25 to 1 Melba& (t) 1 25 to 1 Bally idmond(t)

BELTING AT ILLNOIMSTEIL—UrcaDAT.
NOKTRIAIBILILAND PLATS.
100 to 14 apt 31r toter (4) 20 to 1 sat Caller 002 &off)
Bto 1 lotted Asian (t) 10 to 1 Donnybrook 2)
2 to 1 Borealis ,t; 100 to 3 Tottoohato
14 to 1 Limoatoa ;t`
=WY.

Bto 1 opt Liddlagton (ti
20 to 1 Zambesi (t)

I it to 1 apt Tbo Data 3t)

LAW INTELLIGENCE.

0017 RT OF QUEEN'S BENCH.—JuNz 18.
After Toros Nisi Prins Sittisp at Westminotor.—(Baton
Leal Chid Jvatios Cockburn sad a Special Jury.)

708171 V. CZOILIY.-1112 ILEDLAND EANILZIO COMPANY

(Ltittran).
This wig an action to mover two sums of 250 i. and 1204
from the defeodaet, a solicitor, on the ground that be bad
concealed from the plaintiff the terms upon which be had
compromised two action, which be bad been instructed to
bring for the plaintiff, whereby he had lost the money.
The defendant pleaded nine plea in mower to the decla-
ration.

ii.Weddy was counsel for the plaintiff ; Mr. Coleridge,
Q.C., Mr. Raymond, and Mr. Kemp* wen cannel for the
defendant. _ _ _

The phrintiff had been enpged for some time past in
various pursuits, bat principally of a literary character,
and he was at one time one of the Edueatiocal

Commissimen. In the beginning of 1863, the plain.
tiff, having no occupation, was engaged to promoting
the Midland Banking Company (Limited), and he also acted
as the secretory. Some time after the bank was handed
over to responsible persona, who had 'greed to give a certain
sum as promotion money to the plaintiff and two persons
named Kimberley and Stephens, for the risk, trouble, and
expense they had been put to in getting up the company.
After the transfer of the company plaintiff remained with
the new company as secretary, for which he claimed 120 t.
The whole of the promotion money was paid to Kimberley
land Stephens, but he never obtained his stare, and believing
he had a claim on the new company for it be mentioned the
circumstance to Mr. Walton, one of the shareholders, and be
introduced the plaintiff to the defeodan t, who was his attorney,
to endeavour to obtain the roomy. Writs were imsed, and to a
certain extent the company was as the plaintiff's mercy. Oa
the 15th May Mr. Morris, the solicitor acting for the com-
pany, called on the defeedant, and negotiation. took place
between them with a view tea settlement, sad a letter was
addressed by the defendant to Messrs. Kimberley and Pope,
Messrs. Kimberley and Stephens' indicators, stating that the
actions had been satisfactorily settled, and be begged to
request the return of the original writ. He also wrote to
the plaintiff that all matters were satisfactorily settled • but
that above all things he was to keep his own counsel and
be perfectly elect, and trust him implicitly, or else it might
cause great unpleasantness. He was to speak to nobody,
trust nobody, and write to nobody. The settlement wan
by a guarantee, which was subsequently destroyed.
About this time it wee suggeeted en the part of
the defendant that the plaintiff should leave London,
and be supplied him with 101. for the purpose of his going
to Jersey, bet before he left Mr. Walton brought him a
letter in the defendant's handwriting for him to sign, autho-
rising the defendant to receive from Mr. John Morris the
two several fume of 1201. and 2501. dm to him in these
seems, and guaranteed to be paid to him by Mr. John Mor-
rie, and direcuag that the defendant's receipt should be an
effectual discharge. Plaintiff returned from Jersey and re.
peatedly called on the defendant, who said be hid got a
settlement of the whole of the debts and costa, for an expla•
nation, but be failed in obtaioiog one. It was alleged that the
defendant went to Mr. Morris with the guarantee and al-
lowed him to destroy it, receiving in return another dated
16th May, 1863, the mine date as the original, which was
that in consequence of the plaintiff's staying all pro-
ceedings, Mr. Morrie personally undertook on behalf
of the bank, and Messrs. Kimberley and Stephens,
the promoters, to pay all such sums to the plaintiff as might
be agreed upon as just and remand:4e between him and the
defendant The plaintiff did sot charge the defendant with
intentional fraud, but be believed he had been outwitted by
Mr. Morris. The plaintiff made repeated application. to the
defendant for the terms of the agreement, but he was unable
to get them, and on the 9th July the defendant informed
him that he declined to have anything month do with him.
Since then Kimberley and Stephens bad been in a position to
pay the 2501. After that the documents were inspected
order an order of the court.

The plaintiff was called, and corroborated the above state.
meat. He eaid the board of directors was formed Mimeo the
latter end of 1862 and the beginning of 1863. Three cheques,
'amounting to 6000/., were banded over to Masers. Kimberley
and Stephens es promotion money, to be divided amongst
the promoters, solicitors, brokers, and others. He claimed
2.304 of that sum, and 11501. for salary from the new com-
pany. He had been paid by them 301. off the LAM
amount. The defendant said the first usdertakior was a
secret agreement between himself and Mr. Morris. Defendant
wanted to issue new write, but be objected, and claimed to
go on the original guarantee. Defendant said he could not
get the money, as the opposite parties would not pay it.
Defendant asked him to employ another solicitor and put
him into the witness-box, but he refused unless be would
inform him why the document had been changed. He
first heard at Mr. Chorley's olbos that the original gua-
rantee was destroyed. Kimberley had sines booms bank-
rupt and outlawed, and Stephens had left the country. Da
the proceedings in baoco the defendant filed a long af-
fidavit, wherein he stated that he could not induce Morris
to carry out his agreement or undertaking, sad that he had
always acted towards the plaintiff in good faith. Plaintiff
had never received the money or the guarantee.
Crces-examined—Defendant furnished plaintiff with
his account, and had mover paid him anything. Stephens
was the chairman of the Midland Banking Company ; be was
one of the promoters of the company. He never paid money
towards it, but be gave his security. He rengoed the secre-
taryship of the travellers schools. Defendant never gave
plaintiff • copy of the guarantee. Defendant told him to
place every confidence in him, and that Morris was to pay
the money when be was to Jersey; he never told the defend-
ant to get • separate guarantee for him independent of
Walton. Defendant said that plaintiffs private letters to
Stephens had put difficulties in his way,but be did not think
they would be • legal bar, and that Mr. Morris, having dis-
covered these letters, be had repudiated the settlement. He
had not misappropriated the money of the bask. (A letter
of the plaintiff to Stephens was put* wherein he said he had
never appropriated money, and he begged him to assist him,
sod Stephens advanced him 361.). Stephens also lent him
1001., and afterwards deducted 701. out of his salary, but did
not give him up the bills, and he had been able to get
them. The promotion money was not "hush' motley—he
never beard of such a thing. He did not make the claim
that he should not betray secrets. He sever wrote an
imoymoce letter. He never said that Sir Robert Carden
was likely to give Morley • bribe, or mentioned anything
about bribery is the city of Gloucester.
Re-examined—Sir Robert Carden was always meet
friendly towards him. The defendant had sot furnished
him with his mociaat. The 'reappraisal with him was that
he was not to be paid unless he got the money. He was
behind in his accounts with the travellers' school, and he
borrowed the money from Stephens to make them all right.
Mr. Coleridge, for the defendant, said the plaintiff made
three charges; the first wee that the defendant did not
inform him how the actions were compromised ; secondly,
that be would not give up mettle documents ; and thirdly,
that be had received money for the plaintiffs use which he
had not paid over. The answer was a simple denial—that the
plaintiff did know fromthe beginning the nature of the com-
promise ; that if be had my documents he had a lieu on
them; ad thirdly, that be sever received my money fee
the plaintiff. It appeared the plaintiff got hold of Mr.
Stephens, who had gone to Mexico, and Mr. Kimberley,
who, if he might use the expression in hie presence, had
roe to the devil—(laughter}—and set this beak afloat ; sad
it would possibly be better for them sot too closely
to scrutinies the solvency of those persons. In this
case as m many others, they, however, hod get
responsible men, and the thing was • MOONS, He
should prove that on the 16th of May (Mr. Walton and the
plaintiff having before instructed the defendant to bring
&Mime against the company) the plaintiff mid Mr. Walton
celled at the defendant's office, and he, not liking to submit
Mr. Morris to an angry dimmios between him sad Mr.
Walton, brought out to them the guarantee unsigned and
reed it to them. and the only thing that wee kept teak
was Mr. Morris's name. The guarantee was addressed to
both of them, and it stated that is consideration of their
staying all proceedings, sad undertaking to return all
papers coooected with the me, and is the meantime to
keep them in a sealed packet, Mr. Morris personally
agreed to pay Mr. Walton's claim, with 5 per cent. inte-
rest, sod such a sum to Mr. Foster as should be
agreed upon as just and reasonable by the dales-
dant and Mr. Morris. The arraagermat to be carried
out within • mouth. Mr. Morrie, wider the circamstasoes,
did not wish it to be then known that he had agreed to pay
the money, sod Mr. Chorley wrote the letter imposieg
silence on the plaintiff in consequence The guarantee hod
never bean altered, and if Mr. Morris had good reason for
not performing it, Mr. Charley could sot compel him. The
plaintiff had got the guarantee hots the first, sad he wise
now in the same position as be was at first, and be had so
right to sue the defendant because Mr. Morris did not
carry it out. With regard to the detection of the docu.
meet, whereby the plaintiff said he was prevented from
putting it in force, there had been no specific application
for it, sad the plaintiff's ease, even then, was that he per-
sisted in saying that Mr. Charley did not take a (traditional
guarantee, but an absolute one. There never was asy
objection to give up the document, but the pinintiff per-
sisted in saying there was a guarantee, which in point of
feet never bail beep given.
The defendant was called. He deposed that when be ap-
plied to the beak for payment Mr. Stepbens replied by letter
that the plaintiff was never recognised as • promoter, that
in fact the company was formed long before plaintiff had say
connection with them. He only acted as secretary pro
tem. when the promotion money was paid, and that his
salary had been duly paid. Before be was instructed to
proceed plaintiff said he was a party to the promoters'
guarantee to the directors to hold them harmless. Plaintiff
was unable to stale the amount of the promotion mosey
that was paid, but he believed it was 4.0001. He banded
the rearsates to the plaintiff, who reed it attentively sad
inquired the name of the party who was to
sign it, but ha declined to give it He said
it was • substantial guarantee. Plaintiff replied
he had no doubt it would be satisfactorily arranged,
and he gave him authority to take it. It was
afterwards Mond by Mr. Morris. Plaintiff at • subsequent
date made • copy of the guarantee in defendant's office, tied
took it away with him. He had nothing to do with 'sodium
the pleistiff to Jersey. When Mr. Waltoo's claim was paid,
he took the reareathe to Mr. Morris, an an wee
draws eat, es meet copy of the latter part whisk mimed
to the plaiatiff and sired by Mr. Morris, The old
Ise was gram up to Mr. Morris, who destroyed Mae
bad difficulty la Maier the plaintiff's claim la soaseremea
of some letters written by Mr. Stripbsee whist, up to that
time he had sot am. He did sot receive any mosey for
the plaintiff. In the Quess'a Beech the court illielerged
the rule obtained maim* hie by the plaintiff. He did net

undertake owe ors the "no cure no pay" principle. He
bad never been asked to give up the guarantor. He gave •
general denial to the plaintiff's evidenoe.
The defendant was crou-sumined st coosid' arable length,
but hie *video:is in chief wu not shaken.
The farther hearing et the cue was then adjourned.

COURT OF COMMON PLEAS.--JuNs 18.

Sittinp in Banco.—(Before Justices Williams, Willis, Kyles
sod Keating.)

/MON V. THI AcennzTAL DLTH YNNOI
ACTION ON ♦ POLICY.

This wen an action upon a policy of insurance upon the
life of a urn who met his death in this way : He was• very
fat man, and sitting down upon a chair with a broken leg
be fell on to the Boor, and having a congenital malformation
rupture followed, and he died from hernia. The policy in-
sured against all forms of cute, state, teary, bruises, concus-
sions, crushes, &c., but not against gout, rheumatism,
hernia, erysipelas, or other disease arising within the system
of the insured. The matter came before the court upon
demurrer to a plea which raised the question whether the
company were liable in this case.
Mr. Justice Williams—The question was whether hernia,
supirinduced by external violence, was within the excepted
oases for which the company were not liable.
Mr. Coxon, for the plaintiff, contended that death from
hernia produced by external violence was a thing which
rendered the company liable.
Mr. Justice Willes thought that it would be an Muaory
policy if it were not so.
Mr. J. Browne, for the company, said that there was no
medical examination before those policies wee* effected,
and therefore there was no means of knowing whether the
insured were ill or welL It was upon this ground princi-
pally that the company wished not to render themselves
liable where death came from disease arising within the
system of the deceased. As to this particular case the
medical books showed that external violence did not often
produce hernia union there was a previous weakness in the
system.
Mr. Justice Williams• said it seemed to him that the
question was whether the policy meant that the company
should not be liable for death or disability from hermit'
generally, or only from hernia arising within the system of
the insured. He thought that they should be exempt from
liability only where the disease arose within the system.
This being so the plea was bad.
Judgment for the plaintiff.
Sittings at Nisi Prins, in London.—(Before Lord Chief
J natio* Erie and • common jury.)

NAVAL AND MILITARY,

ADM IRALTY, JUNI 18. —ArroutTmiNTß --Sur-
pone T. R. Warne, meetly promoted from assistant.
surgeon oa the Med of the Royal Marino Light Istantr at
Plymouth, to the Cordoba, 11, at Devonport ; C. Morton,
to the Fawn. 17, at Sheerness ; Andrew li'Clons, M.A., to
the Raosr, 11, at Derooport.
Paymasters W. Pitt Bardwood, from the Blenheim, to
the Fawn ; G. W. Moir, to the Racer ; R. R. Key, to the
Cordoba.
Naval Cadet (nominated) W. J. Noroock.

F9BTBNOUTI!, Juirs.l?.

The Galatea, 26, screw frigate, Captain Rochfort
Maguire, arrived at Spithesd yesterday morning, from the
Mediterninean. She brings home 303 troops, 50 women,
and 101 children, chiefly from the dismantled fortifications
of Corfu. She came into harbour and disembarked the
=which were seat to their depots, the military in.
being transferred to the Pigmy, steam vessel, for ext.
'Tacos to Nstley Hospital.
The Star of led* hired sailing troopship, arrived at
Spithead yesterday af tomes, from Kurrachee, with
buy invalids, who will be discharged to Motley to-morrow.
A private correspolidest, writing from Malta, states that
the °routes, screw troop-ehip, Captain H. W. Hire,
arrived there on the Bth instant, after a plumage from
Spithead of exactly tan days. The engines worked very
well, but the boilers had occasioned considerable trouble.
The Weimer Cad* hired lading transport, arrived at
Spitbeed this afterooon from Kerrey-bee with military
invalids and time-spired men. They will disembark to-
MOrrrilr.

Ihe—Atalants, hired sailing troop4hip, passed through
Spithead this afternoon for Chatham, with ,a pert of the
74th regiment on board.
The Channel squadron, under the oommand of Rear-
Admiral Sydney Colpoys Decree, C. 8., is ordered to fill op
Rear-
with coal, and to be in readiness for me. It is mpooted
that the squadron will sail for the Downs some time during
the ensiling week.

WOOLWICH, Jrwit 19.

hi accordance with instructions from the War
Department, a considerable number of extra bands have
bees employed at the gun factories of the Royal Arsenal,
and overtime has been again partially commenced. le
addition to the manufacture of experimental guns, a large
number of rifled guns now in store are to undergo altera-
tions, to be available for the naval service. Several gun
carriages for guns of the largest calibre are also baton manu-
factured.

THE SECOND TRIAL TRIP OF MR.

COXWELL'S NEW BALLOON.