The Express.
London, England, 1864-02-01 00:00:00

THE IMPRESS; 1. MONDAY EVENING, PEW A3Y 1; t A. 1464.:

SPORTING INTELLIGENCE.

THE GREAT SPRLNG HANDICAPS.
TO THE ZDITOI 01 THE ELPIXII.

Six,—The acceptances for the Chester Cup being
quite as far under the mark, numerically, es were the
entries, that event can this year take no higher rank than
the Northamptonshire Stakes or City and Suburban Handi-
cap, which bid fare to take precedence of it with specula-
tors, if the present state of affairs may be taken se • crite-
rion, for all parties seem afraid to meddle with it. How-
ever, that it will eventually prove one of Mr. Topham's
happiest efforts to bring a large field of haws
together is my firm belief, supposing previous run-
meg does not bring to light any Ten glaring
" good thing," for out of the seventy-three candidates there
are not half-a-dozen who can be called really badly ,in now,
and should the weather remain open the three-yr-olds will
be infinitely more dangerous than they appeared at first
sight. That their owners did not feel aggrieved there is a
convincing proof in the fact of only a score of the fifty-two
entered declining, and eight of these were among the sst
71b to sot 10Ib division ; so that they could not have been
struck out because their weights were too heavy, and one of
the number, Signalman, was even. favoured, looking at his lest
performances. The three-yrolds in the Northamptooshire
Stokes, Metropolitan, and Newmarket Handicap have
been no letter treated than they were in the
Chester Cup sod in the City and Suborbeo. A few have
been handled with far grader severity, Blarney
being complimented with ist 21b, and Bel Demons)
' with 7st, after the pair had declined their fist 12Ib each in
the Cheater Cup; while John Davis. Greenland. The Count,
and Lord Zetland, have been used more mercilevily than
these,at least 10th each extra beiog put upon them for the mile
and a quarter Epsom struggle. Then we have Guardsman and
Golden Cross, who have as yet " done nothing " with but
fist 101 b and list 91b respectively on their backs ; and with
several of the old horses at the head of the list put right out
of the race, it is patent that, eves supposiagMr.Topharn may
have been too lenient with some Masse in the Chester Cap,
Admiral Roos has erred equally as much by being too
severe with some who came under his notic, his Metropolitan
sod Newmarket Handicap exhibiting as many cases of appa-
rent severity as does the City and Suburban, in proportion
to the numbers entered. The Northamptonshire seems the
most even of the whole live handicaps, bat the following
table, showing the comparative imposts of those who have
excited the greatest difference of opinion, will best display
how the three handicappers have performed their duties :

Nwittb:llBl.P. Mietlrer..
II Niet. at. Ilr
Maned
MN=
Barbadoes

Beverley
Blockdown 8 8 6 .... 8 9 .... 7 0
Bllthfield 7 1
Canary . 7 11 .... 7 13 .... 7 it, .... 7 3
Car.sbrook
Change 7 I 718 . 7 77 .... 7 4
Count, The
Despair 7
Detective
Dollar
Donne Canne

Early Purl
•
Fantail

lame
Gardener
Gibraltar
Glowworm
Greenland
Grerille
Joeo
John Davis
Keinplown
King Charming — .... • 6 .... • 7 It
Laili Superior • a
10U.,...."

Limomna 8 7 . 8 13 .... 8 11 .... 6 10 .... T
Lioness
Lord Zetiand
Mail Train 6 .... 5 11 .... 5 12
Marigold
Merry Hart
Muezzin
Safeguard
Tattoo
Tippler
Truant
Trust 7 .... .... 11
Union Jack
Watchman 7
Welcome
Whitethoru 5 . 6 0 . 0 12
Those marked with an asterisk declined to accept their
Cheater Cup imposts, and thus Beverley, Blithfield,
Early Purl, John D►vis, La Toncquee, Limosius, Lioness,
and Truant appear certain to forfeit for their Epsom end
Newmarket engagements, and Kemptows, Joeo, and Tito*
for the Northamptonshire Stakes, maims Truant should
stand for the City and Suburban oa the pound that the
distance will snit him better ; but if Beverley, Blitheeld,
Dollar, Early Purl, and Gibraltar do not stied for North-
ampton, and Joco, Kemptown, King Charming, and Lady
Superior accept their Epsom or Newmarket weights, their
°wears most be very difficult to please. As awards the
Cheater aoceptanoes, Anheld, &than, Blaekdowa, Cathay.
Caristwook. Change, the Count, Doane Camas, Meny Hai
Muezzin, and Tippler, are almost bound not to accept for
any other race, although Bantam, Tippler, and Merry Hatt
have shown themselime such vastly superior animals over
the City and Suburban distance to whas they are over the
Chester Cup laegth, that they are not at all
unfairly treated at Epsom ; and vs shail probably see
Lord &thud, Whiththorn, and Greenland decline at Epsom
and Newmarket, and Faroe at Northampton. It is re.
remarkable that out of the twenty-five acceptors (or the
Chester Cup with other engagements, only Gardener sad
Welcome io the Northamptonshire Stakes, and Welcome in
the Metropolitan, have been more leniently treated than
they were by Mr. Topham.

Between those horses not engaged in the Chester Cap,
but in more than one of the other events,—vis,Countersiga,
Despair, Detective, Doable First, Glowworm, Safeguard,
Touch-and-go, Union Jack, and Watchman—there are
discrepancies of front 41b to 811), Countersign, Despair,
Union Jack and Watchman having the advantage at North-
ampton. The latter reads very tempting, bat not more so
than does the Gardener, and until all the acceptance. are
made known, I shall not make a selection for any one of the
five races before me.-1 am, &c., METEOR.

Rate intsiltstnte.

atersoroursx COUNTY OMIT&
math days &postured for the preempt woe.
IFirmlanza, Bt. llarini'Mans—Monday, Feb. 1; Triesday,
Feb. 2.
BlOoms3lili. Portland-road—Wednesday. Feb. 3 ; Thursday,
Feb. 4: Friday, Feb. 6.
Maariseass, Illarylebone-road.—Tuesday, Feb. 2; Wedues-
da/= Trauraday, Feb 4.
Daum-14174011.—Tuesday, Feb. 2; Wednes-
day, Feb. 3 ; Friday, Feb. 5.
Bow, Bow-road.—Friday, Feb. 5.
Watricie4em, Orme Frootteatreet..—Wedneeday, Feb. 3 ;
Thursday, Feb. 4.
frocrawa.ar.„ ilwanatieet.—Tuesday, Feb.! : Thursday, Feb. 4;
Friday, Feb. 5.
Unarms, Camberwell New-rod.—Tuesday, Feb. 2.
Glili,FlCEL—Wedneedry, Feb. 3.
WoOLwicli..—Thweday, Feb. 4.

EQUITY COURTS.—JAL 30.
(Before Vice-Clainceßor Sir W. P. Wood.)
FARINA V. DIZTOSTIELN.

This was • motion to commit the defeodan., who is a
dealer in foreign goods. for breach of an injunction obtained
against him in 1858 by the plaintiff. who is the well-known
maker of eau-de-Cologne. The injunction in question was
obtained in • snit to restrain the defendant from selling
eau•de-Cologue in bottles with labels imitating the labels of
the plaintiff, and the breach of that isje-iction row
complained of consisted in this, that the de-
fendant had sold within the last few t.nnths
proem of eau-de-Cologne in bottles which coloombly
imitated those of the plaintiff. The defendant in
effect admitted the breach of the injunction, but sated
that 't took place under the following caramelises& About
the year 1860 the defendant changed his warehourt, and
teen his removal several of his clerks and assistants quitted
has employ, other persona occupying their situations. The
injunction which had been obtained against him baring at
the time of his removal become a Matte/ of ancient date, he
did Dot on hiring new clerks and maistente recollect to warn
them that no traffic le spurious eau-thrCologoe must be
allowed on his premises, and hence it was that his
superintendent of the perfumery department had
been led into the error which savories to this motion. He
humbly apologised to the court for *bat bad taken place,
and undertook to nee such measure@ in future that an
occurrence of this nature should not be repeated.
Mr. Roll, Yr. Daniel, Mr. Bsgshaw, and Mr. Hethering-
ton werein the case.

The Vice-Chancellor said that no doubt the plaintiff ought
to have all duo assistance from the court, yet he could no:
but see that there had been shown a greater desire to press
on the defendant that to viedicate either the plaintirs
rights or the dignity of the court. The defeodant had no
doubt iaodered I"maelf liable to some observation, and it
was clear that he must pry the costs of this motion. It
was proper for the court to consider whether the defendant
had acted without we, or whether in direct disobedience
to the order of the oourt. Ie the grit case there was no
doubt but that the defendant was liable to the civil more-
quested of his act, via., the payment of all costa incurred
through hie centesimal ; in the latter the rights of the
plaiatiff and the duty of the court went much farther,
and an actual committal to prison must follow. Now,
epos consideration of the evidence it appeared that when
this injunction was granted six years ago the defendant gave
an instruction tto the clerk. not to do anything to infi:rige
this injunction. Since then the defendant bad changed his
place of business, and hie clerks were altered ; and he ad-
mitted that he did not renew his instructions. Now upon
that statement—and there appeared no doubt that it was
tree in substantials—it did not appear that the defendant
had acted with anything worse than negligence. It would
certainly bathe defendant's duty to take more care in future,
or the consequence would be more *oriole. The order of
the court would be that the defendant pay all the costs of
this motice.

COURT OF QUKEN'S BENCH.-JAN. 30.

Witinp in Banco. —(Eeron, Justices Blackburn and Mellor.)

EN RI ALICE WILLETE.-HABEASCORPUIL

This was • very peculiar ewe, exemplifying the power of
• father over his child. Lest term • rule nisi fora habeas
corpus returnable at chambers was granted, when the father
produced the child, and made • return that it was
legally in his custody. Mr. Justice Shee upon that re-
mitted the use to the fulloourt.

Mr. Blimps now reeved that the child, who was 11 years
of age, should be given up to the mother.
Mr. Padget, who appeared for the father, said the return
to the Ira was that the child, who wee 11 years of age,
was in the custody of the father. and that he claimed to
retain her aa her natural and legal guardian.
Mr. Keeps admitted that in the first instance no doob.
eirs father was entitled to the custody of the child, hut he
apprehend. I that where it was shown the father was an
improper parson to have the custody the court would take
her from him and give her to the mother.
Mr. Jastios Blackburn said there were cuss where
under soak circumstaaces the court would not mist the
father in getting the custody of his child. He waa not
aware the coon had gone so far as to take the child from
the father and give it to some one else.
Mr. Kempe said he could not give his lordship a case in
point. Up till recently the mother bad the custody of the
child. At the father's request the child urn allowed to
viait him, and he still retuned her. He wu an immoral
character and en habitual drunken', and the mother was
anxious to get the child back.
Mr. Justice Blackburn said that milht be so, but the
court moat first saw what legal right they had to take the
child away from the father. It was not desirable to enter
irate family quarrels if they would not assist the case.
Mr. Kemp. said he could sot show stronger cases than
that the wart bad refired to restore to the father a child
lout of hie custody.. . . . . . .

Mr. Justice 111;ekburu then asked the learned counsel to
slats the utmost the affidavits would show naiad the
father in this maw

Mr. Kemp* said there were affidavits cm both sides, and
arms secusatiowe. The afBdarite showed that the father
was as immoral character. That he was a pauper whilst the
mother was wall off, sod instead of having the child put to
sehool and educated as the cau.har would do he had put her
to sere We.

Jeetice Bliekbuna said it was anflioieet for the Inter-
(groom of Chancery, but not the Court of Queen's Borah.
The remedy was very simple, for the mother
had only to male 101, oo the child to give
the Court of Chancery full power over the letter.
The immorality of the f ether, mita, he was
contaminating the child, wan not • meson for the interfer-
ence of th,l court. In the POP of " Hakewell v. Hake.
well," in the Court of Common Pleas, Mr. Justice Creso-
-1 well, in giving judgment, said he did not remember a case
where a court of common law had interfered with the right
of a father to the custody of his children, and no dictum
tbs. goes to mach an extent. Where the court was asked
to restore a child to the father they would not do it if it
appeared to them that the father was seeking to abuse the
custody, either to the injury of the child by cruelty, or ex-
posing it to contamination. All the suggestions in the affi-
davits now before the court fell abort of the exposure of the
cbild to contamination, or her being treated with cruelty.
The legal right was in the father, and the child must remain
with him.
Mule discharged without costs.

The Lord GM Jai tie often was eel 'barged
in England. and therefore he doubted if the party was pro-
hibited by the recent statute from going before the grand
jery instead of taking the ootues there pointed out.
Mr. West said that by the rules of internatiornal law the
deck of a British mas-of.war was taken as representing the
country to which she belongs.
The Lord Chief Justice said what was dove on board such
a ship was subject to British law, butlt did not make the
high seas a part of &Woad.
Mr. West said the remedy of going before a magistrate
still existed, but be could not help thinking the great
straggle on the other aide was not to let ?he young gentle-
man know the nature of the evidence that would be brought
against him. There would be nu obstacle to the trial. All
that was wanted was regularity of proceedings.
Mr. Berjeent Ballatitine said he would undertake to
supply the defendant with the names of the witnesses and
a copy of their evidence.
Mr. Chambers said the consent of the parties would not
give jurisdiction.
The Lord Chief Justice said it was clear the case was owe
of great difficulty, and he bad considerable doubt if the
case was within the statute. He thought the two first ob-
jections to quashing the indictment untenable. With regard
to any arrangement, the court must see that they did Dot by
westing tort unduly prejudice either party.
After some further remarks,

The Lord Chief Justice seid it was doubtful if this mass
offence which brought the mode of proceeding within the
22 and 23 Vic., chap. 17, and he therefore declined to exer-
t:Sae the summary discretion of the court and quash the in-
dictment, leaving the defendant to bring a writ of error if
so advised.
The other lammed judges concurred.

Judgment aeoomiluigli
COURT OF COMMON PLEAS.--JAw. 30.

Sittings in Banoo.—(Before Lard Chief Justice Erie, and
Justices Williams, Willes, and Keating.)

THISLWILL V. TELTTSTON.—FRESH PI/OG=1:0164 AGAINST
MAJOR TELVIINTON.
Mr. Downing Bruce (who mut specially retained in the
oast) applied on behalf of the plaintiff for leave to proceed
against the defendant by filing the declaration, and serving
a notice requiring the defendant to plead by leaving • copy
of the declaration with Mews. Tippetts, his solicitors,
and Mews. Cox and °rosewood, bin bankers, and by post-
ing the notice in Westminster-hall. The learned counsel
said that the action was foneded upon a judgment obtained
by the plaintiff, a merchant at Hall. for 73W. 12s. 2d.
against Major the Moo. W. Charles Yelvaton,
in respect of board and lodging for his wife
whilst residing at Hull. The judgment wu recovered
in Ireland, whither the major had gone with him
regiment, after a verdict bad been returned by • jury.
The present application was founded upon the 18th section
of the Common Law Procedure Act of 1832. The major
was, after much difficulty, served with the writ in Paris on
the 2nd of January, and he was required to appear in 16
days ; but no appearance was entered, and as his residence
in Park was not known, it was found impossible to serve the
declaration.

Mr. Justice Willa' inquired if there wee not • writ of
error in this ease

Mr. Bruce—Not to the House of Lade; that writ of
error related to the legality of the marriage ; but in this par-
ticular case there had been a writ of error to the Exchequer
Chamber in Ireland, and a decision there bad been given in
favour of the plaintiff.
Mr. Justice Willis, after consulting • volume of repot*
said that as far as he could understand there had yet been
no decision in the Irish Exchequer Chamber, though the
proceeding. in error were probably pending.
Mr. Bruce said he was instructed that there were no pro-
ceedings in this case pending in Inland.

The-Lord Chief Astir* said that an application like this
would be granted if it were shown that the defendant was
making away with his goads to defeat his creditor, or in
any other equally well defined case. In the present ease.
however, the court wax of opinion that there was no sufficient
evidence for them to act on. if hereafter it were shown that
reasonable efforts had been made to serve the declaration,
and that the defendant was keeping out of the way to
avoid service, then a good ground would be shown for the
extraordinary interference of the court. At present the
court did not think that sufficient time bad elapsed since the
service of the writ, or that such efforts had been made to
serve the decimation as would justify granting the present
sppboatioe.
Yr. Bruce urged that every possible effort bad Fern made.
The wi:t was served on the major whilst be weal walking in
the streets of Paris; but it was feared that he had left
that city, and that he was possibly now in Constantinople
to avoid any further service upon him.
The Lord Chief Justice—Well, if you hereafter prove
upon affidavit that you have made all necessary efforts to
serve the defendant with the declaration, then we will
exercise the extraordinary power vested in us and grant
your motion.
Applicatioo refused.
COURT OF EXCHEQUER —JAI! 30
•

Sittinp in Balm.— (Before Lora Chief llama Pollock, and
%mos Mortis, Chinuoll, and Pigott.)

AITORALT-OEERAL V. LiNcAmax- AND TORXBIII3I WAIL-
- WAT CONPANT.-QUISTIOIT OF INCOM I TAX.

This was a special case, stated by order of Mr. Baron
Pigott for the opinion of the court. The defeodante and
their officers were called ripen in the usual way by the
Commissioners of Inland Revenue to deliver • list in order
that they mightmsess, wider the Income Tax Act', the duties
for the year commencing on the 6th April, 1860, resp:ct
of all offices and employments robt held under the de-
fendants' company, as duties payable under schedule E, as
to the provisions of 23 Vic., a 14, and the other
acts therewith incorporated. The commissioners at the
same time informed them that the list ought to cow-
premed all the officers, clerks, and servants in the
company's employment, whose salaries or wager
amounted to 1001. or upwards. The defendants
although willing to comply with this requisition as re...,rda
such of their officers, clerks, and servants se are engaged at
▪ ual salaries, refused to comply with it in respect to those
engaged at weekly wages. The question for the opinion
of the court was, whether the defendants were liable to be
assessed under Schedule E in respect to both classes of ser-
vants in their employ.
The Attorney- tomal (with whom was the Solicitor• G-
e▪ Mr. J. Locke, Q.C., and Mr. Ileavan), on the part of
the crown, contended that the provisions of gird Vic., e. 14,
'polled to all officers and en-vents of railway companies
actually receiving 1001. or more in the year, whether they
'were engaged at weekly wages or annual salaries.
On the other side, Mr. Mellish, Q.C. (with whom was Mr.
J. A. Ruseell), submitted that upon the true construction
of the statutes relating to tame on property and income
they were not liable to be messed under schedule E at to
such of their officers, clerks, or servants who were engaged
at weekly vegan. The company, he said, did not
object to make a return of all their servants
whose weekly wages, if employed all the year, would
amount to 1006 a year or more, bat whet the
commissioners required was that the company should charge
themselves for income-tax in respect of those employes,
and recoup themselves by making deductions from their
weakly wages. Be pointed at the difficulty, incooveni.
ewe, and injustice which would arise from with a mode of
proceeding, as hardly oee of the mechanics in the employ of
the company whose wages amounted to 2/. a-week received
1631. in the year, because he was liable to stoppages sad
hoes for breach of duty, and was not paid when absent from
sickness or other MOMS; while many of these men were is
the service of the company one week and out of it another.
The court took time to cossider their judgment.
---
COURT OF PF.OBATZ AND DIVORCZ.

JAL 30.
(Before the Jedge Ordinary.)
CORDERT T. CORDIRT AND !ADMAN.

Dr. Smoke sad Mr. B. Rigby for the petitioner, a builder
at Bayswater. He married the respoodert is Decembe.,
1852, and lived with her on the best of terms. The 00-re.
&pendent was a surveyor, whom he occasionally employed
sad also admitted to his house in the capacity of a friend.
In April last Mrs. Cordrey, under the pretence of health,
went to Dover, where it was agreed that she should take
lodgings for herself and her mother. At the close of this
visit her mother returned to town, called at Mr. Corday's,
and asked for ha daughter, from whom she had been. as
she supposed, accidentally eaparated at the railway station.
The ramoedeot Led net, however. come home at all ; and
on Inquiry it was found that she had gone to live with the
co-respondent at Rotbemy-villas, Richmond. It was ►lto
discovered that for three or four days before she had ilaoll
the lodging at Dover she Lad been cohabiting with Padham
at the Ship Hotel.
Decree nisi, with mats.

Mr. A. B. Hill it;Tir. Browsing for the petitioner. Elbe
was originally a kw Grey, of Upton, county elltiOW, sod
she wee married to the respoodent in July, 147. He
bad represented himself to be a potlema■ of large pro.
party, but he had very soon to leave the country to be out
of the way of hi creditors. In March. 183$, a child was
born. In the May following the respondeut left the peti-
tioner ; but a brief interview took place between the p.rtses
in 1839, and there was a mond ebild. The petitioner heard
little more of her bulkhead till the final desertion is 1844.
After this she nueived no torahs intelligence moceroing
hint till 1860, when the obtained proof tint be hod marrW
aMw Grier/son at Banes Ayres. Ibis bigamous marriage
having bees proved by the minister of a coogregatioe
of Presbyterians of whisk the ruipoadent had become a
member,
The Court mode a chores Wei with ewes.

Tax Nsw Cram:rm.—An arrsapinent has been
@ICU between the Illesibers of the " lets " northers circuit
and the new gnawed circuit, widen is to emotions for 12
months, by whin time it is expected there will be a
subsidence d lettersets of int practising barristers. The
spring amine bare been appointed swim the new act of
parliameet for altering the careens. The forthcoming
sairtbern omit will comprin Durban, Newcastle,
Appleby, Laccarter. sad Liverpool, whilst the sCriclin
circuit will embrace Warwick. Derby, Noningbam, Inman,
and York.

LPL DI °NMI'S LIGHT-BROWN COD LITER °M—
Th* usquotionstils soportority of this Gil over all other Weds
le *us 'Hosted by Livia Cantos, Lq , Samoa to tte Chad's-
mot Hooldtol ,—** For several rows last I hare bola la tho
hid* of proscbing Dr. do loastis Light-ltrovni Cod User Oil.
sad dad it to ho smelt sore eiesoloos ass odor varieties el
the sm. ssollase which I hot, oleo aotployol with a slew So
leg QAT relative ropostedty."--Nold Gob te/sellea beats.
la dd., d► dd., sad Is, *Dr. all lineWS Weft. Avow. llorford,
MOR. Una. lath" awl siasiolimma.l

THE POLICE COURTS.
_ GUILDHALL.

Marpord Low, i strong, healthy, yonog Pktijseri was
, chained with being drunk and diaordaily at the West Lon-
don Union ; with assaulting Mr. Beckett, the relieving offi-
cer by savagely biting him on the throat; with wilfully
tearing his clothing ; and with assaulting the police con-
stable by biting him on the leg, and striking him on the
breast with her fist.
,1 Hr. Beckett said his attention was called to the disor
derly conduct of the prisoner at the door of the union. She
asked for an order for a night's lodging. He offered to
take her and her four children into the union, although the
children had only been brought up from the schools at
Han well on the previous day, in obedience to the prisoner's
demand for her discharge from the house. She refused
to oorne in, as she had not her children with her,
and became so violent that it was found necessary to send
far an officer to remove her. Warier saluted the officer,
and in the struggle that ensued the prisoner bit him severely
on the throat, Just under the jaw, and tried to bits his
hood, failing which she tiled to get his knee between her
teeth, but only succeeded in biting a hole is his tremors.
After she was secured two of the children were found out-
side the onion, and were immediately brought inside, and
arrangements were made to take care of the other two as
soon as they could be found.
Polies-constable 240 said the prisoner bit him on the leg,
and tried to tear his leggings with her teeth, but finding
them too tough, she tried to tear the sleeves of his coat.
She also struck him on the fsoe and chest.

The prisoner said abe was rtruck first by Mr. Beckett. She
only asked for a night's lodging, bat they wanted to take
her in without her children. _ _

Mr. Beckett said be distiectly offered to send for the
children. The prisoner had been repeatedly committed to
prison from that court for disorderly coodect in the union,
of which she bed been an inmate from a child.

Alderman Mechi said the prisoner was so well known at
the court u a violent woman that he would not rely apes
her union of the matter, as he might have dose had it
been her test arrow. It was a very bed cue, and he there-
fore committed her to prime for ave mooth, with hard
labour.