The Express.
London, England, 1864-12-13 00:00:00

HIE EXPRESS, TUESDAY EVENING, DECEMBER 13, 1864.
'TELLIGENCE

are nearly all hidden now. Cattle have poured in nu-
cessiogly during our stay, and the and of the stream seems
as far off as ever. As the morning advances, cabs and II
knowing•looking light carts leave men at the tavern door.
These retire from pathe gar for awhile, and reappear
transmogrified from rather sporting•looking oceleney trades-
men into something between a butcher and • Highland
cateran. They are meat salesmen, who " make up" before
enteneg the folds and peas, and who scrutinise the placard
on the tavern wan, giving the official return of the
number of beasts and sheep for whom place
has been taken, es if the information it afforded were
entirely new, and had not guided them in their
projects for investment and in the prices to be given•
Long before dawn the offices of the market are opened, and
business talk and chaffering, and comparison, between pen
and pee, are everywhere heard, while the droves continue
to be admitted, and the shouts and barks, lowing. and
bleating'', go on with unabated vigour. More vehicles and
more pedestrians, more boys, more dogs, more live stock,
until every available space within the railings seems to be
disposed of. Up to the time we leave not one of the
avenues or passages of the market is permanently tree,
passed on. and iugreas and egress, inspection and handling
are as easy as at first. When we contrast, as is aneroid:
able, the proceedings of yesterday with those on the same
anniversary a few years back—when we see inconvenience
reduced to its minimum, goading and brutality rarer because
lees fre4uently provoked, and the inevitable crowding,
jostling, and packing made comparatively barmier, it is
difficult to speak too highly of the importance of the ra.
form. By substituting Islington for Smithfield, and a
proper market for a street corner, cribbed, cabled, and
confined, the authorities seem to have evolved order out of
chaos and decency from disgrace.

SPORTING INTELLIGENCE.

THE TWO YEAR OLDS OF 1864.—N0. IL

was not exactly Derby form on the part of
Mr. Bryan's Derby colt, and looked noes the better whoa
Zambesi gave Bondi 51b and ran him to a neck next day ;
bat he looked so like training on that, had his pipes not
gone wrong in the autumn, he might have finished op me
of the best horses of his year. In a rich sweepstakes Maid
Marian managed to beat Snits Duck, a roan "Physalie
of Lord Glasgow's that wanted more time, and the back-
ward Farewell just managed to defeat Haarlem for a
Triennial ; but the only truly great form shown at Good-
wood was that of Victorious, who, after beating Birch
Broom and Cranbury at weight for age, came out the lame
, day for the N and, with 9st, beat Watelabox,7st
' 71b, and Lord Waldegoave, fist 131 b, a neck, A
Ist tilt, and Saloon, fiat 13th, compriiinract
the others that were seer. Many of the re-
mainder "ran oat" at the turn, it is true,
but all the above were beaten fairly enough, and everybody
voted Victorious the equal of Liddington instanter. Taking
the line from Watchbox, who beat Missionary for the
Nursery at Stockbridge, he was at least 10th better than
the latter, and that was worth boasting about, if the doable
victory of Sweet Jessie (whom he gave 351 b to) at Ripon
the week following Goodwood were not, on the pound that
she was one of the lot that roe out. At Brighton, too,
Nukubeva and Attaolti, two of Victorioui unpisoed oppo-
nests, were first and second in the Nursery ; and Nithetheve
also won a Plate in which she fairly defeated Auditor and
Salpinctee, if not Anti-Macesear, whilst Attaché secured
the Priory Stakes at Lewes. Here Hope displayed she
had at last rue into fair form, which she main-
tained at Huntingdon by beating Gordan, Rattle's
Lady Florence, Vision, ha At Wolverhampton caste was
lost by Victorious, apparently, when he only beat Grappler
after a dead heat ; but be had been " indulged " ever since
Goodwood, and would not have left Epsom bat that his
party expected a walk over, Grappler's defeat the previous
day showing he bad made no improvement sines Goodwood
(where he was nunhood to Victorious with Pah between
them), as he was only a moderate third to Zia= and
Attache. Reading saw Jezebel quite out of her Bath form,
for she was beaten by Lady Egidia, who herself was dia.
graosd by ruccombing to Fanny ; and at Egham Lemonade
went among the moderate lot, when she got utiplaced to
Anti-Hamar, Lady Valentine (a really good filly), and
Discretion, Anti-hlacasser exhibiting a return to his Amen
form, and proving these who did not like his " doings "
in Sussex—where he was beaten by Nukubovs and Attache
—to have some grounds for their murmurs. At Oxford he
was only beaten a bead from Sympathy when attempting to
give her 151 b, and Discretion was giving 916 to Saloon when
she failed to secure the Nursery by the same distance.
Here I must make%another pause, leaving the New-
, market October sod great Yorkshire meetings at York'
Doncaster, &c., for a third and lastilettor on the subject of
the two-year-olds. Plenty of "food for comment" was sup-
plied by the three mouths' racing run over aSove, as daring
that time the world not only saw Rarcliffe, Le Wornais,
Auditor, Cordelia, Maid Marian, Discretion, Simple Maid,
Purity, Missionary, Wstchbox, Oppressor, Siberia, Sweet
Jessie, and Hope improve sufficiently in the "form" ex-
hibited by them in the three first racing months of the year,
as to become at least respectable in class, but we likewise
saw the ranks of the good and useful sort swelled by Lid-
disgton, The Duke, Victorious. La Fortune, Asti-Macassar,
King Charming, Zambesi, Wild Boy, Lady Valentine,
Reginella, Black Draught, The Flight filly, Rothomago,
Todleben, Spice, Combat', Peeress. Edinburgh. Editha, The
Vest colt. Ziace, Longdown, Le Mandarin, ()strew, White
Duck, Farewell, Nukuhers, Contract, and Koenig.—l am,
METEOR..

LAW IN'

COURT OF QUEEN'S BENCH.—Dao. 12.
SECOND COURT.

After Term Nisi Prim Sittiap at GuilcihalL—(Baton Ilr.
Justice Skim and a Common Jury.)
•10.1.111.318 r. AlT131B01.01;,.H.

This was an action for a breach of contract and dation.

Mr. Hoddlestoo, Q.C., and Mr. J. 0. Griffiths were
counsel for the plaintiff ; Mr. Hawkins, Q.C., and Mr. Day
were counsel for the defendant.

The plaintiff is a furniture dealer, carrying on business
in Bedford•row, Covent-garden • and the defendant, Mr.
James Attenboiough, is a Pawnbroker, carrying on business
at 32, Strand ; and the action was brought to recover a sum
of money that had been paid to the defendant, and also
damages for breach of contract.
The plaintiff's conceal, in opening the case, said the jury
would be no doubt initiated into the mysteries of the cham-
pages trade, and how it was the markets of this country
were inundated with that kind of wine ; for it had bees
said that if stock could be taken of the quantity of so-called
champagne that was consumed in one day in the world, it
would be found to be three times as mach as the quantity
that had been made for the last 20 years in the champagne
country. A large quantity was made which was perfectly
wholesome from grapes grown in other parts of the world,
and he understood that Switzerland yielded largely that
character of wine. Da the 13th May last the plaintiff was
at Debenham and Storr's apatite rooms, in Covent-garden,
where about 100 dozen of champagne was for sale. It was
recommended as a good article, and samples were
produced. The wine was put up, bat no one
appeared to venture on it in balk, and it was
then sold in quantities of dozens, at 13s. per
dozen. The sale was .lack, and at the auction the plaintiff
purchased two dozen. After the sale the defendant spoke
to the plaintiff, said the wine was his, and asked him to
purchase it, and ultimately it was agreed between them
that the plaintiff should have the remainder at 12s. 9ii. ;
but if was afterwards made 13a. per dozen. The defendant,
in the course of the conversation, said the wine came from
Switzerlaud, was very good, end, the Derby and Bath
room were coming off, it would be a good thing for bun.
Defendant got the wine warrants from Debenham and Starr,
and handed them to the plaintiff, who paid him 40/. on
amount. Plaintiff sold the wine at one guinea and 255.
Ited per dozen ; but when he went to Fenns Wharf for the
wine be found an injunction had been 1 upon it from
the Court of Chancery, and ho was unable to get it, and
it still remained there. As the plaintiff did not get the
wine, he sought to rec mar the amount he had paid the de-
fendant, the expenses be had been put to, and damages for
the loss of the differeace of the contracts he bad entered
into to supply the wine between what he bought it at and sold
it for. He promised Mr. Pollard, the keeper of the greed-
stand at Epsom, twelve dozen of the wine at 21s. per
dozen.

In cross-examination the plaintiff said he attended auc-
tions, and sometimes had a hand in a " knork-ont," like the
defendant. He never had a wine license. This wine suited
people who attend races. It is sold on race-courses for a
guinea a bottle and under. When I made the bargain for
the wine I had money at my command with which to pay
for it. I did not know till Ipaid the defendant the 404
that the wine was not in his possession. Defendant said he
knew nothing about the injunction. He never offered to
return the money. The wine warrants were not purchased
for Mr. Matham. I did not suggest to Mr. Lawrence, a so-
licitor, to bring an action against me at the suit of Mr.
Mathew, for the non-delivery of the wine. He told me Mr.
Mathew was content to take back his 401. and 21. expenses,
which I laid him. Mr. Lawrence bad the warrants for Mr.
Matham, when we went to the docks. lor Mr. Matham,
and not his nephew, had the warrants from the defendant.
Owing Mr. Matham some money I gave him over the
warrants as security. The Bath races commenced the same
day I went to clear the wine.
In re-examination plaintiff said Mr. Matham would take
the lot if the wine turned oat as I had represented. Mr.
Matham held the warrants as security for the 40!. or the
20 dozen of wine.

A clerk from Fanning's Wharf proved that five injunctions
and other proceedings bad been lodged with reference to the
wine. They still remained.
Mr. Witham deposed that he advanced the money, and
agreed to take 100 dozen at a guinea a dozen.
In cross-examination be said be sometimes went to races,
and sometimes picked op money, and at others be dropped
it. He had been in the habit of buying such wine at, 63aa
dozen.

Mr. Hawkins, in addressing the jury for theciefeoce, com-
plained of the manner io which the cue had been put before
them. He had spoken of the quantity of champagne that
was daily consumed, and at the expense of his country he
had extolled Swiss champagne, having ignored the Putney
gooseberry, which was so productive of that chanipmaree
which went to the Derby, the Bath, and other rams, sod
refreshed so many thirsty souls. (Laughter.) The plain-
tiffs case was untrue, having been grossly exaggemteand
his alleged sales of the Wine were shams. The warrant,
were sold to Matham for 40/., the amount be had on the
goods, and he had no idea of an injunction. In fact, be ob-
tained samples of the wine without ever being informed of
the injunctions. As soon as he found out the wine could not
be delivered he had been willing to repay the 40/. to Mr.
Mecham, who he believed was the real purchaser of it.
He sold the goods in law without a warranty of
title H. sold the warrants as they were, and not au wine
to be delivered.

The defendant was called. and deposed that the warrants
were pawned with him in March, 1862, by a person named
Morris Khan. The warrants were put up es described in
the catalogue, but not sold. but a few dozen were afterwards
disposed of by auction. Plaintiff told him he thought he
could get him a purchaser for the lot, and that he would
bring a party who would pay the 40(., take the warrants
away, and clear the wine. After be had paid the duty and
cleared the wine it was to be paid for at the rate of Lie.
per dozen. He told the plaintiff he was surprised at the
iejunctions, and he offered to return the KW. and any ex-
pense, he had been put to, but he declined to take it be.
fore he had oonsulted Mr. Lawrence. Mr. Matham's soli.
niter.

On crow-examination he swore positively he did not sell
the plaintiff the wine, although in answer to interrogatories
that had been put to him he had sworn he did sell it to the
plaintiff, though he believed the money wan Methane..
In Knower to a question from the learned judge, he said
he sold the wine to the plaintiff as Madam's meat.
Mr. Justice Shee said the answer to the ninth ieterroga.
telly, that be sold the wine to the plaintiff, was an answer
to the case. -

After ionic further evidence,
The jury returned a verdict for the plaintiff—damages,
'2?./. u against Attenborough, end Debenham to refund the
40t.

COURT OF EXCHEQUER.—Dac. 12.
Sittings at Nisi Prins at GuildhalL—(Before Lord Chief
Baron Pollock and a Special Jury.)
METER V. WESTERN ME IMSCIANCI COMPANY.
ThiE was an action to recover 5481. upon a policy of in-
surance against fire. Thu defendants pleaded that the
claim was fraudulent.
Mr. Digby Seymour, Q.C., and Mr. Hairy Janne were
counsel for the plaintiff ; Mr. Benedict Hayes and Mr. Willa
for the ddendants.

Shore sesolildng as he acme down stairs. He believed that
Gibes did not smoke. kle only knew him a week before
lest Geed Friday
The fire, it seemed, was confined almost entirely to a rather
large cupboard or closet whict stood between the two
ream, sod in which the silk wee kept. It was not entirely
burnt, and the charred remains with all the portions of silk
found were exhibited in court, and formed a chief portion of
Use evidence in the cue.
On the part of the defence, it was said that though it was
invidious for an insurance company to dispute a policy, yet
the directors, who acted as the trustees of others, were
bound to do so if they. sew circumstances which justified
such • course. The information they received from the
most experienced persons with respect to the fire and the
debris found on the premises unspoiled them to bring this
action into court. The circumstances were altogether mys-
terious The fire was put out is three minutes after the
entrance of the firemen with the hose, and the first shelf of
the cupboard from the bottom was found unconsumed, and
the lower pert remained almost perfect. On that shelf
there was one piece of silk standing upon its end against the
side, and another piece leaning surest it—a very unusual
mode, it was said, of stowing away silk—and they were
both partially burnt. A third piece, also much burnt,
was discovered on the counter. But beyond these
I three pieces no more were found. nor any buret
remains which indicated that there had been more silk on
the premises. It was contended that it wee utterly impos-
sible for fifteen other pieced to bare been burnt, without
some debris from them being found. The company had
offered the plaintiff 471. 9s. 10d., the value of the three
pieces, but be refused to take it. Cohen made a claim of
220/., and the company being anxious to avoid any nine-
' ceesery dispute, offered him 801., which he took, and he
could not now be found. Another fact in the cue was
that the plaintiff kept no books, and entered his transac-
tions upon loose memoranda, some of which be produced.
The particulars of the plaintiff's claim gave 18 pieces of silk,
of which the three found were 20-inch silk, the remainder,
of which not a vestige could be traced, being silk varying
from 24 to 32 inches. It farther appeared that on the
Saturday night four dozen new and empty bandbox., were
taken upon the premises, sod that on an examination by the
firemen, these were uninjured, while pieces of paper
"crumpled up in a mysterious manner" were found under
the counter and about the floor.

Mr. Serjeaut Hayes submitted that, if the jury believed
that the 15 pieces were nut on the premises when the fire
took place, the plaintiff was entitled to nothing ; because it
was a condition of the insurance that the account sent in
by the claimant should be a true amount, and if be know-
ingly sent in one which was not only false, but grossly
exaggerated, the policy became void.
Enderlin was then given to prove that, though the whole
dibris of the fire was carefully examined and sifted, not a
particle of the 15 pieces of silk was discovered, and that
some portions must inevitably have been found if they
formed part of the burning materiel.
The Lord Chief Baron, in summing up, said it was of the
deepest 'interest to the community that questions of this
sort should be fairly, carefully, and justly decided. There
were three ways in which the jury could dispose of
the case. If the plaintiff had lost his goods by
fire without soy fraud or fault on his part, he was
entitled to recover their full amount, but then the burden
of proof wee upon him. Then if they thought that the 15
pieces were not burnt—and the evidence went to show that
Dot a vestige of them had been found in the debris—the
defendants were entitled to deduct them from the plaintiff's
claim. But then Mr. Serjeaut Hayes said that, as the
plaintiff had made a fraudulent claim, the defendants ought
to pay him nothing. If he had made out that there was
fraud he was perfectly right, and it was fit that fraud
should be so punished. But here the burden of proof was
shifted, and it was for the defendants to prove the fraud;
but mere suspicion would never justify a verdict of fraud.
There must be clear and cogent proof, and he must say that
in the whole evidence Le could nos put his finger on any
part which proved that the plaintiff was guiltyof any fraud.
The case was certainly one full of great suspicion ; but it
was possible to conceive that, instead of being an SCCOIn.
plice, he might have been the victim of the villany of
another. _ _

The July almost immediately found • verdict for 47!.
9s. 101, the value of the three pieces of silk.

ASSIZE INTELLIGENCE.

HOME CIRCUT.—CHELYSTOILD, Dsc.l2.

The commission of gaol delivery for the county of Eases
was opened yesterday by Mr. Baron Chassid'. There are
not many prisoners for trial, and the most serious charge is
the one against Francis Wain for the murder of a woman at
Chdwell•heath. There is also a serious charge of wounding
with intent to murder, but all the other mass appear to be
of•an ordinary description.