The Express.
London, England, 1863-06-15 00:00:00

THE FlrtEs',N.

SPORTING INTELLIGENCE.

THE ODIHAM
EE TINGSND STOCKBRIDGE
M

TO TIM IDTTOR OF THI EXPPANS.
Ste,—Turfites have dour little during the last
few days besides cluivassiog the recent decision come to at
Tattersall's with reference to the bets on the Fernhill Stakes
at Moot, which were, to the surprise of some of the most
experienced speculators and high authorities on such mat-
ters, declared null and void. The sporting press has made
quite • feature of the " sensation," and almost unanimously
condemned the decision as bad both in racing law and prin-
ciple, while the "Ring," the principal sufferers, have re-
fused to abide by it, on the ground that the question ought
to have been settled by a general committee instead of pri-
vate individuals. It will probably go before • " full court"
to-day, as a petition was started at Hampton, praying
the committee to take the matter up ; and it seems to be
the general opinion that they will do so, but that the fiat
will be reversed, as the " Laws of Betting," which' were
only recently framed, so emphatically stipulate that " the
interests of the bets are inseparable with the in-
innate of the stakes, except when the winning hone is
disqualified owing to • default in making stakes, and alio,
that " io all bets there must be • possibility to win when
the bet is made—' you cannot win when you cannot lose.' "
As the Fernhill Stakes were awarded to Tomato, and the
backers of the losing horses " stand to win," it certainly
appears • startling conclusion to arrive at that they are sot to
lose merely because they thought klippolyta was mining in
the place of Tomato, for on the:principle that " you newt
win when you cannot lose," betters are booed to loss whim
they stand to win. If bets were to be oull and void
every_ time there is a mistake in the telegraph. board, there
would be half • dozen cases of " All bets off" every week,
as it is a common occurrence for numbers to be taken dome
or altered after the starters for a race have been announced
some minutes, and the " Ring " are so often made to
suffer for it that it is considered somethinebeyood • hard-
ship for the law to be set completely aside when a mis-
take happens in their favour.
Stockbridge is the great meeting of the current week,
and it has, for the first time, been extended to three days,
several new and rich stakes being introduced into the
pro-
gramme, 200 f. each being added to two of them. The
race committee have come out liberally, 1,8051. repreeent-
log the Weems given for the twenty-three different races
advertised, and thus the 17 already completed have obtained,
in most instances, fair entries and acceptances. Odiham,
which occupies Tuesday, is a sort of prelude to the more im-
portant play at Stockbridge, as it can be taken on the
journey, but plating will be the order of the day there,
and only three of the prizes will prove of any value, the
principal of these being the Odibam Handicap, one mile and
a half, wherein last year's winner, Gibraltar, 6 yrs, 7st
81b, is turned loose, as he meets Fits-Avon, 6 yie, Bs, with
all the best of the weights, and the latter looks capable of
beating everything else, unless Sweet Willie, 3 yrs, at, is
in his Northampton form. Stevens's Mehle is generally
industrious here, and Faith, 7st 121 b, ought to do the state
some service in the Dagmerafield Park Stakes, for two-year-
olds, half a mile, for her performance at Harpenden was a
great one, and Inverness has not been running as well of
late as might be expected from his appearance at York.
In the Hurstbourne Stakes, for two-year-olds, half a mile,
Starheam appears the most trustworthy, for those of her
oppotienta we have seen out are only moderate, and she
showed some little form in the &prin.
The Ffibury Club Meeting will be held at Stockbridge on
Wednesday, and the racing will be of some importance, al-
though the handicaps are of little account, the Bibsry
Stakes, one mile and a half, appearing entirely between two
or three stables. J. Day has no fewer than four engaged,
viz., Canary, Doncaster, Drumstick, and Tippler, who are
all " well in," and the selected will have little to fear be-
yond Rubicon and muslin, it being just possible the 'est-
eemed will bowl them all over. They may, too, Bud more
than their match for the mile Handicap Plate in Lord Us-
General Fleas or Liston and Muezzin, although lipler
and Dmaster have certainly the best of the weights; and the
Prior in the five furlongs handicap boa every mane to fear
Vaulter, if not the brother to Rabid. A match has bean
made between Adventurer, 4 yrs, 8.1 71b, and Libellous,
6 lice, fist, over the New Mile, and the severity of the num
will counterbalance what disadvantage the former has in the
weights, for he is • glutton, which his opponent certainly is
not, it
for
a pretty good thing for him if he is none the
wone for his Ascot struggle. The Two-yr-old Biennial,
about 5 furlongs; will be quite an event, as, besides public
performers like the Keenett's dam Dolt, Master Richard,
King George, The Doctor, BeckZy Sharpe, Leicester, tad
Ackworth, there are many "dark animals of good repute
in the list, including Ely, Beloochee, Vagabond, and
Cambnacan. These latter may not, however, come
out to oppose a horse of The Doctor's capa-
bilities, aod he is such a thorough good hone that John
Day, who has a score of representatives, may not accomplish I
hie overthrow, even with his great crack Ackworth, • hone
backed to win a mint of money for the Derby since his two
[defeats at Epsom in the spring. Master Richard is the better
performer of the two, having run second to Scottish Chief at
Ascot ; but he may be required to prevent Molly Carew
=leg off the Champagne on the same day, although the
has another excellent representative therein in
Gustier, who is not penalised. On Thursday there is the
Mottidoet Stakes, also for 2-yrolda, but over • nix-furlong
ovum, which is dependent on the running of the animals
' noticed in the two above-mentioned races, as Verona will
be the only fresh candidate to trouble them, online one of
the dark division should prove formidable. Wednesday's run-
ning will also tell us whether a 2-yr-old possums • chance
for the Stockbridge Cup, seven furlonp, and I need only
remark that it will not require • very great flyer to win,
supposing it is not penalised heavily, as is the ease with
Scottish Chief, for King of Utopia and Argonaut are the
beet of the older hones. In the Threeyear-old Biennial,
one mile and • half, 1 can perceive nothing better the,
Gladstone, unless Bloodies is ready for boanees in downright
earnest ; and Balharn. 5 yrs, 7st 71b, being on his own
ground, may run load enough to carry off the Beaufort
Handicap, two miles, although hie owner may be tempted
to keep him for the Goodwood Stakes, when eerie-
brook, 4 yn, Sat 121 b, and Kiagswood, 3 yrs, bat 51b, will
probably fight out the finish, the latter for choice.
For the Steward's Plate, two miles, Asteroid may
be the hest in the field ; and Bally Rdmood, despite
his 10th penalty, will be hard to heat for the Gentlemen's
Derby, two miles, Aurelian being his only dangerous oppo-
nent, and he has all the beat of it when in receipt of 10Ib.
I eau do nothing with the remaining events in the pro-
gramme, beyond remarking that the Mann Day are almost
certain to sweep the Danebury Homey, for 2-yr-olds, six
furlongs (Redcap, 7st, having shows form quite enough to
represent them at Ascot) ; and that the Westmoreleod
Plate, one mile, is at the mercy of Flying Fish.—l am, ho.,
METEOR.

LONDON BETTING. —SATURDAY.
NORTHUMBERLAND PLATE.
10 to 1 apt Marigold (of)'
12 to 1 Brighton (1 and oft)
12 to 1 The Pilot (off)
12 to 1 Brilliant (off)
12 to 1 Dooloot (oft)
100 to 8 Caller Ou (t 100 to 7)
100 to 7 The Monk (t)
100 to T Clarior it)
100 to T Stanton (off)
100 to 6 Polynesia (off)
6to 1 ablW. On and Borealis coupled (t)

GOODWOOD lITAILFS.
20 to 1 on the Field (oi)
Nothiog done on the St. Leger or Derby.

iLatu inttlltactut

METROPOLITAN COUNTY COURTS.
Sitting days anotated for the preeest area.
WErscourria, 81. Maillaalana—Moaday, June 16 ; Tuesday
14 ; Wednesday, 17
MARTLEBONK, Marylehnne.road —Tueeday. June Id . Wednes-
day, 17 Thursday, 18.
CLatazaasiA., Esusean-tarrace.—Tuesday, June 16; Wedue.
thligEnlitrri 1 day.49dstreet-road.—Tuesday, June 16: Thum
"LlB A/: Bow -road. —Fri day, Inn: 19.
Warrneurn., On et Preseet streeL—Wednesday, June 17 :
Thursday. 18: FeidAY, 19.
SourEeraza, Seraaatreet.—llouday, June 16; Thursday, 18:
Friday, 19.
Carnherwell.Des,roa.l.—Tueeday, June 13,
tIYY Or LONDON, Ouildball.buildlage.lhuseday, his@ ;
Saturday, SO.

COURT OF QUEEN'S BENCH.—JuNi la

Sittings at .Nisi Prins after term, at Weitniinstar.—(Befon
the Lord Chief Justice Cockburn and • Special Jury.)
BUSINESS OF THE COURT.
The list contains 101 cause—M are repents, and 50 are
new causes. There are 44 special juries. The let contains
the case of " Dickson v. Lord Combermere and others," for
ootapiracy, and the "Queen v. Whitehunt," both of which
it is expected, will be taken on Tuesday next The can of
"Glover v. Persigny and others," relative to the Morning
Chronicle, is again conspicuous for its absence. Indeed,
nothing has been heard of it in this court since the applica-
tion made last Michaelmas term.
FARRELL, ADMINISTRATSLI, T. POUND.
The declaration stated that the plaintiff applied to the
defendant, who is • chemist and druggist, can ying on busi-
ness in Leather-lane, Holborn, for Epsom salt., but instead
et supplying her with it he negligently gave her oxalic acid
which-
she administered to her husband, from the effects of
which he died. The defendant pleaded not guilty.
Mr. Mills, Q.C., and Mr. F. H. Lewis were counsel for the
plaintiff ; Mr. Huddleston, Q.C., and Mr. Prentice were
counsel for the defendant.
It appeared that the donned was a labouring man, and
on Saturday night, the Zird of August, he returned from the
country, where he had been at work, and sent his wits to the
defendant's shop for tome salts and aeon. She had two
packets given to her, one in • dark blue coloured paper, and
the other in a light coloured paper. The packets were
labelled, but they could not reed. When they got home
she mixed as she thought the salts from the feel of the
packet, gave it to her husband, and he drank it, upon
which he Immediately said, "Thu is the worst sort of sate
you ever gave me before." The deceased was then attacked
with violent purging., pains, and cold sweats, and in the
nuns of • few hours he died. An inquest was held, and a
post mortem examination made of the body, when it was
ascertained that he had taken oxalic acid. A
policeman was called in (0 MI), and was in
the room when the man died. The cup was
given to him which contained a portion of the dose, arid
the paper in which the poison had been wrapped, was
picked up by • female friend, made the fender, on which
she exclaimed, " Oh, 'tis poison," from seeing the printed
label on it. The paper was destroyed after the ioquest.
The wife said that she had frequently bought salts, kc., at
the defendant's shop, which were wrapped in blue paper,
bat it did not attract her attention one parcel being al-
mat white. The blue paper containing the salts she took
heck to have changed for senna, but the shop was clued,
taking with her both parcels to show the defendant she
had bought both there. The policeman and the plaintiff
saw the defendant the same night, sod showed him
the paper, and she bad previously described
the defendant who served her as a dark man. He
said he had served two or three persons that night, but he
did not recolket the plaintiff, and that if the packet wee
had out of his shop, it must have been picked off the counter
by mistake. Mesas. Lewis and Lewis applied to the dr
fondant for compensation, and as he took no notice of that,
this action was brought.
Mr. Huddleston submitted that, assuming the articles to
have been purchased at the defendant's shop by the wife,
and afterwards administered by her to the husband, an
action would not lie against the owner of the shop for negli-
gence. It had been decided in the Court of Exchequer that
an action fora egligence, brought by a husband for an acci-
dent to his wife by the bursting of a lamp sold to the her
tend, would motile.
The Lord Chief Justice said this case was different.
Here the wife was the husband's agent, and be was welting
outside whilst abe went into the shop for the articles.
Oe the part of the defendant it was urged that he deeply
regretted what had occurred, bat before they could =she
him liable the jury must be satisfied that the wife had not
contributed by her negligence to her husband's death. The
defendant had been inbailee@ many years in Leather-km,
a neighbourhood where oxalic acid was greatly used by
bonnet clement dyers, and leather cleaners, and the greatest
caution was used by him in the management of his busmen
He declined to take apprentices, and had none but expe-
rienced and reliable persons as his assistants. Poisons
were kept in a separate portion of the shop, and • different
coloured paper was used for wrapping them up ; • label was
wad with the word " poison" in large letters printed on it,
and a death's-head and cron es as bon a precaution for those
, ,
who weld not read. The defendant, it was said. was not a
dark man, and his whiskers had turned white. He could
eel, acoeunt for the accident by the woman having taken
the palest off the counter by mistake. If ordinary caution
had need the plaintiff might have avoided the accident.
Several persons had oxalic acid the same night.
The jury returned • verdict for the plaintiff—damages,
100 L
sonortag 0. THE WEST MIDLAND RAILWAY COMPANY.
This was an action to recover compensation for the loss
011 a racehorse known as Shillelagh, valued at 1,2001.,
through the alleged negligence of the defendants' servants.
The defendants pleaded not
tiff.
Mr. Serpent Sher, Mr. t Peteredorff, and Mr.
Wood were counsel for the tiff. Mr. Hawkins, Q.C., .
and Mr. H. James for the andante.
The plaintiff is a gentleman on the turf, having racing
stables at Epsom, and is the owner of several valuable race-
bones, which he is in the habit of sending to different races.
The horse in question was taken to Worcester, and on the
12th July in that year came in first in • field of
twenty-four horses for the Flying Stakes. After
, the rues Shillelagh and other hones were taken
I to the Worcester station to be conveyed to their desti-
nation, the plaintiff 'a horse being under the control of •
groom accustomed to attend on him.and well acquainted with
hie mthagement. In order to get to the horse boxes the
horses had to thread their way between iron girders, the
narrowest part being about 7 feet wide, which was room
enough for a hone to pass between, provided he was not
startled by anything, but which frequently occurred to such
high bred animals as race horses, from their being exued-
hely liable to be frightened from any noise. About 14
horses were at the station, and when the hone boxer
were ready there was a shout, " Now for London horns."
On that Viscount Brignall went first, followed by Shillelagh,
and be had got through the narrow part, and was behind
Viscount &well as he was going into the box, when some
noise occurred which frightened Shillelagh, armed hint to
retreat • little, sod the consequence was that he struck his
fetlock against one of the iron girders, and a serious wound
was inflicted. The horse was unable to proceed to London,
a had to be taken hock to Worcester. A veterinary
surgeon was called in, and everything was done that was
partible, but the hone got worse, and It was soon apparent
that he never could be got right again, and at the
end of the eighth or ninth day the horse had to
be killed. The horse was one of considerable value
to the plaintiff. He was bought in 1861 when not in
"form" of lard Strathmore, for 501. only. He ran second
for the Northamptonshire Spring Plate in a field of 24
horses, and at the Epsom Spring Meet* he was the winner
of the token= Plate and the Handiest, Plate. He also won
at Derby, and also the Queen's Plate at Aacot. The hone had
established his reputation, and had been very successful, and
at the time of his death his engagements were worth about
500/. which was an element in considering the value of •
raciatorse. The groom who took him to the station was
unable to say whether the horse was frightened at any noise
caused by the trains, or from Viscount Bremen walking over
the flap into the horse-box. Mr. Hughes's groom, who
was riding Flash in the Pan behind Shillelagh, de-
scribed the accident as arising from the noise made by Vis-
count Brignall. Just as he got into the box he lashed out
with his off hind leg and skink the partition, sod upon
that Shillelagh stepped back and struck his fetlock.
Mr. Richard Tattersall said the horse at the time of the
accident was honestly worth 1,0001., especially from the
circumstance of his being the winner at Worcester against
Miss Julia, the fastest mare in England. It was a half-
mile race,and he was beat at short distances. He carried
9st., and Min Julia lint, as she was two years older, but
71b. be thought would have brought them together. The
horse was four years old. In 1861 his running was not
satisfactory, bat many horses did not come to their prime
till three years old.
Mr. Hawkins—l did not ask you that. We don't all
come to our prime at once. (Laughter.) The winning of •
nos, I believe, don out al ways depend on speed, but • great
deal on the bridle sometimes. (Laughte.l
Mr. Tattersall—You seem to know more about it than I
do. (Laughter.)
Several other wanner, spoke to the value of the hone.

The Pl;intiff was;•lied,;nd Mated that he wantit; fastest
home known at two year old, but went off at three. He
would not have taken 2,0001. for him, as be wee a valuable
horse to him, considering the large establishment be bad.
Mr. Hawkins submitted there was no such proof of neg-
ligence sa to make the defendants responaible. Ho notice had
been give. to the company that a borse-beg would be rp-
quired, ad the danger of the girder' wan patent to the
person bringing the home.
The Lord Chief Justice said he could not withdraw
from the jury whether it wan negligence in leaving the
girders there.
Mr. Hawkins said be did not proems to alter the faists
other than that amender' were required for some Witham'
at the station, and that they were there in the ordinary
course of bemoans.
The Lord Chief Justice said there must be proper mass
of seem, add they must be kept with nameable oars, and
net eneumbered with things likely to produce danger. Ho
thenght it would be better to let the jury awes ties
&magas, giving the defendants leave to move to redoes the
verdict total., or ler a seesuit.
The jury ultimo/My returned a verdict for the plaintiff,
damages 1,0001.
SECONI? COURT. _ .

(Before Mr. Jr►ice Mellor end Cosmos Jury.)
His lordshipest today is the Middlesex denims House,
and took cams 111141 the Queen's Beech but they were not at
eadleient importance to justify a report.