The Express.
London, England, 1849-07-25 00:00:00

THE EXPRESS, WEDNESDAY EVENING• JULY 25, 1849.

BULL REGATTA.
HULL, TUESDAY.
The second anniversary of the revival of regattas on
the Hasher mate off to•day. There wire but time race*
appointed foe to-day, one for yachts. another for fishing-
vessels, and the third a common ships' Jolly-boat race. la the
first—for ••cup, value 30 guineas, with 201. added b the
Royal Yorkshire Yacht Club, there were but three =trim,
and dams three but ow owner is resident in Hull or near
the basks of the Humber. The yacht rase was from Hull
round the Bull Light and back, a distance of 40 miles. The
start was made 20 to 11, by the Quiz, 12 tons
the gilds, 26 a
tom; andminutes the Mosquito, 60 toss. The
Quiz ailed or the woes tack, and the Hilda being first under
weigh took the lead, followed by the Mosquito, with a fresh
bre( se from the south-east The Hilda kept well ahead
through Paul Bight, but was weathered by the Mosquito
abort • mile below Pad. There was a good deal of tackin,
and it was generally .burred that the Hilda was slow in
stays. The Mosquito now seemed to have nothing but *my
week to mantels her adviustagc. About an hour atter, bow-
ed'', a very heavy squall. set in, cad the Mosquito's bow-
sprit was seen to lay, causing her immediately to bring to,
end after clearing away the broken soar, lee,' the Hilda and
the Quiz to finish the rue. The Hilda kept • long way
ahead of her little rival, and arrived off the signal boat at
7 Minute' WI 5, followed by the Qoia at 28 minute past
ROYAL VICTORIA YACHT CLUB REGATTA.
Mon, Inn or WIGHT, TUESDAY.
The wee the that day of the Royal Victorit Yacht
Club Regatta, and, m the weather was la the highest degree
propitious, the influx of visitors and the hilarity of the scene
were DSOs mint gratifying description. In the afternoon,
about six o'clock, the royal yacht Fairy, bearing the Queen,
the Prince Consort, the Duchess of Kent, and royal family,
arrived at the scene from Osborne, which was the came rit
the greatect enthusiasm anion the spectators. Royal sa-
lutes were fired from the Yacht Club battery and her Ma-
jesty's ships at Portsmouth and Spithead, ea the royalty stand-
ard approached Ryde. The ya4t rating woe of Ant
excellence, owing to the fins wind and raffled sea.

N Paws

SAW 3intelltgence.
EQUITY COUR I 13.—hrLY 23.
Scrum Vics-Caucsixost flew= Barce.
CAIIIIINGITON V PELL.—POIMDATID CHIQTY/1.
Wigram and Mr. Bsgshaws appeared for the plain-
tiff, who is a horse-dealer in OxfordUreet, and who sought,
in this suit, the delivery up of a cheque which he had peen
to the defendant, on • purchase of • horse ' • the ground on
which the relief wee prayed being that the contract had
been rescinded. It appeared that in Mai, 1840, the defend-
ant, W. George Pell, an attorney, at in Nerth-
empteaddre, employed a commission agent, timed Mul-
lins*, to sell for him • black horse, being the
horse in question, and that Milliner, who wisealso employee by the plaintiff to look oat for kis horses in
the country, brought the horse to London to the stables of
the plaintiff, who @greed to give for the black horse a ches-
nut horse and a cheque for 701. On the the born
Doing taken to Mr. Pelt be declined accepting it, but a pur-
chaser was found, who bought it for 461., which was paid
over to Mr. Pell. Oa giving the cheque, the plaintiff stated
that he bad not at that moment cash at his bankers, and
would therefore date **cheque fire or six days after the
day on which it was drawn. The *emu was dated
accordingly, but on being presented for payment at
Mama. Ransom and Co.'s was returned, with " an account"
written aeries it. Upon the dishonour of the cheque an
arrangement was eome to between the plaintiff and Mal-
liner, the particulars of which were the subject of conflicting
evidence. On behalf of the plaintiff Mr. Mainzer deposed
that the arrangement was for the black horse to remain at a
farm belooging to Mr. Pell's brother, at Greenford, Middle-
sex, for six weeks, and that if the cheque were not paid at
the end of the time the coat:set was to be rescinded, Mr.
Pell keeping his blade horse, and the 461. which had been
received for the chestnut. But Mr. Pell, by his answer,
stated that the black horse was merely to be retained by hire.
es a security for the keep of the animal and for any loss
obi* Mr. Pell might suffer by a re-sale. It appeared that
the hers* was, in the autumn of 1847, hunted in North-
amptenshire by Mr. Pell, and badalso been ridden* London
by Mr. Pell's town agent, but that afterwards the
Utak horse having suffered from a sand crack, sad having
become rigid, from some unexplained cause, in his hind
quarters, was sold by Mr. Pell, without warranty, at
Tattersall's for 251. Mr. I'4l then handed the cheque to a
Mr. Jackson, whom he had some dealings, and who
brought as Ltion upon it against Mr. Carriogtoa, Mr. Pell
being the attorney for the plaintiff, and being also
tendered as a winner on his behalf at the final.
Mr. Catrington thereupon filed the present bill for an in-
junction against executiln issuing in the action, and for the
delivering up of the cheque. On the trial of the action the
plaintiff was consulted, the circumstance of the cheque being
post dated coming out in the evidence. The cause now came
on to be heard. It was admitted that there was a conflict of
evidence.
The Vice-Chancellor—Can you give me an authority as to
the =Me to be taken, when the court believes the state-
meats on neither side ? Ido not, of course, say that such is
the case here.
Mr. Wigram—l cannot anticipate that your honour will
arrive at any such emulation.
The Vice-Chancellor—Then Tau are unable to assist me
with an authority ? I cannot give a judgment, you kn.w,
like that which commanded natural satisfaction.
Mr. Wigram—We should be contented if your Honour
would divide the cheque, and give us the half which hes the
plaintiff's signature.
The Vice-Chancellor—But you know what was the infer.
moo as renamed the party who expressed • similar satisfac-
Ws is the other case.
Mr. Malins and Mr. Roxburgh, for the defendant Jack-
son, proposed to read the evidence of the defende,t Pell,
who had been examined on behalf of the defendant Jackson,
and contended that it was admissible, under Lend Denman's
Act, on the authority of "Wood o. ROweliffe " (6 Hare, 183.)
The Vice-Chancellor considered Mr. Jackson to have no
interest, except on behalt of lit. Pell, and thought the case
not one within Lord Deaman's Act. He therefore rejected
the evidence.
Mr. Russell and Mr. T. H. Terrell, for the defendant
Pell, contended that no cue had been made out for the in-
terposition of a court of equity ; and that, as the plaintiff bad
violated the Stamp Act, by post-dating the cheque, he was
disqualified from seeking any equitable relief in respect of it,
Mr. Wigram replied.
The Vice Chancellor—lt this case, before decidieg upon
the admissibility or inadmissibility of Mr. Pell's evidence
for the other defendant, I thought it right to bear that
evidence read. Having heard it read, provisionally I re-
jected it, and it may perhaps not be wholly useless to the
parties to say that my conclusion upon ibis csss would have
been exactly the same, upon all points, if, instead of rejecting
that evidence, I had received it. What I should have done
with this case bad the cheque in question (if cheque it ought
to be called) been stamped, I do not thick it necessary
to my. In point of fact, it hes never been stamped.
In point of law, it required a stamp to render it valid
and I conceive that it is an instrument of such a kind
as that it cannot now be stamped. Upon three grounds,
without entering more at length into the ease, the only de-
cree that, in my opinion, can be made is to dismiss the b,ll
without prejudice to an action. I shall certainly give no
costs on either side. I cannot conceive that there was say
necessity for filing this bill.
Mr. Russell submitted that the proceeding was wholly un-
ne?rellit" 4ice-Chancellor—Nor have yon heard me express
any more favourable opinion as to the defence. If I have a
favourable opinion of it, I have kept it to myself.

dSSIZB INTELLIGENC;
NORFOLK CIRCUIT.
CaIIBRIDOI, JULY 24.
Banns Ma. fleassurr Domino.
Tux ALLEGED MURDIA Or Arta SIMMS.
George Shaw, 37, was charged with the wilful murder of
Ann Simms ; another count chard him with manslaughter.
Messrs. Prendergast end Mills appeared for the prosecution,
Mr. Naylor for the defence.
Joel King, examieed by Mr. Mills—l live at Idelbourn.
On Friday, the 6th of July, between one and two o'clock in
the morning, I was at Melbouro feast. Ellice Spicer was
with me. I saw the prisoner and a woman with him at
that time. When I was near Mr. Wood's house, on the
Melboum-road, I saw the prisoner knock the woman down.
I won't exactly swear to the man, but I firmly believe it to
be him. 1 bad seen him in the day. The Ma with the
woman was a tall man. I never saw so tall a man at the
feast, and I never saw him before that day. He knocked her
down and kicked her several times, saying—" I will kick
your guts out." His kicks were given with all his force ;
and he said," getup, will you ?" she said," you won't let en,
George;" be repeated, "get up." I can't say whether
got up, or whether he dragged her up ; but I saw her
the woman paned me, and seemed very weak; the woman
never used bad language towards the man. I and my com-
panion followed the men and woman, who appeared to be
corning towards Cambridge ; when we got near the Ball's
Head we auseped and listened, and heard a man swearing;.
the woman's voice cried, "Pay, George, don't kill me • •
the man kept swearing ; she said, " I may do better another
time," or words to that effect.
By the Judge—The prisoner, in the feut, had a small
gambling table, on which were little pincualsions, and be had
a peck of cards in his hand, and kept saying, " highest wins,
lowest lass."
Several other witnesses were examined, who witnessed the
brutal conduct of tit• prisoner to the deceased, and who dis-
tinctly identif . d him.
Mr. Deighton, surgeon—l attended Ana Simms on Satur-
day, the 7th of July. She was labouring under concussion
of the brain, and was in a state of stupor. I found a wound
on the back of the bead, and some bruises on the left
side of the face end forehead, and the skin was taken
off in two places on the left side of her face. It appeared as
it her face had come in contact with the ground. There was
a small wound in the scalp. There was an old-standing scar
on the forehead. Stte had lest the power of raising her
right eyelid, and her right side seemed psralyssd.
She had not the perfect use of her right arm.
On Monday morning she was in a state album, and evi-
dently dying. In the evening she was much the same, and
she died on the following morning. I made • post me**
examination. I attributed her death to effusion of blood eei
the brain, Prising from a blew on the skull. It might base
been, and I thought it arose' from a fall on the ground. A
knock-down blow, bringing the heed in contact with the
ground, would have produced it. My own impression wee
that she had been struck on one side of the head, and that
the ether side came in contact with the ground, which
caused the ffusion on the brain.
The Judge summed un, and the jury, after 10 minutes'
consultation, returned • verdict of " Manslaughter."—
Treseportation for life.

OXFORD CIRCUIT.
STAFFORD, JULY 23.
Steretai MA. name Hove Are a SPECIAL
JUST.
SIDOCTION:NRWRAIt V. DOWNING.
This was an action to recover compensation in damages for
the seduction of the pleintifi 's daughter. Mr. Whateley,
Q.C., with Mr. Greg, were for
for the
and Mr. Serjeant
Talfourd, with Mr. Skinner, for the defendant.
The plaintiff is a pub!ican at Walsall, and the defendant a
mahatma in the neighbourhood. The eldest daughter,
Mahalla Ncwman, went to school with the defendant, and
• childish acquaintance thus commenced bytween them,
which at length grew into a more serious intimacy. About
four years ago she yielded to his solicitations, and the result
was the birth of a child on the Ist of February last, which
fortunately died on the 29th of May. The poor mother fol-
lowed it on the 17th of June, dying, it was said, of gri, f
mused bDowning deserting her and marrying • Miss
Wood. When she to.d him of her pregnancy, he laughed
at her, and said he would have her, which so preyed
on bow mind es to cause her to exprms an anxious whit that
act might die. She was 23 years of age. liar examination
was taken a few days bi fore her death, and put in evidence.
The sister sad the aunt of the deceased young woman were
examined, and deposed to the above stated facts.
Mr. Serjsant Tatoard addressed the jury for the d, fend-
patera very able and arpuntentative speech, denying the
ity 01 the child on the part of his client, and cam
panting on the fact that no art or stratagem was used for
the seduction of the unfortunate girl.
Several witnesses were th, n examined for the defendant,
with the view of showing that Miss Newman had en-
couraged the addresses of other young men at the period of
the alleW intimacy with Downing.
Xt. Baron Rolfe summed up, telling the jury the two
questions for them were—first, where they satisfied defend.
ant was the father of the child, and if so, whet amount of
reasonable damages was the plaintiff entitled to ?
The jury found a verdict oute plaintiff—damages 751.
This came occupied nine hrs.

NORTHERN CIRCUIT.
YORK, JULY 23.
BIZOLII MR. JCSTICA W 1011711.101, AND ♦ SPECIAL JVAT.
LARD O. BRIGGS. - BREACH OP PROMISE OP MAR
_ _

BIAGI.
Mr. Watson, Mr. Atherton, and Mr. Hill, were for the
plaintiff; Hr. Serjeent Wilkins and Mr. Wallis for the de-
fendant.
Mr. Watson stated the case : the plaintiff, Miss Borland,
is the daughter of an attorney end solicit r at South Cave, in
this county. The defendant is an officer in the Ist Dragoon
Guards. The plaiatiff lea young lady of great beauty and
accomplishments, and of the age of 23 years. The defend
ant, Mr. Briggs, is about the age of 28 years. The defend-
ant paid bit addresses to this young lady some time ago ; en
attachment was formed ; she gave her entire affections toMr.
Briggs ; but, for some reason or other, he had broken the
promise that he had made her. But she was actuated by no
vindictive feelings; and this cause had been brought by her
into a court of justice, only that those whisperings may not
go abroad with respect to her fair fame.
Mr. &dent Wilkins hers stopped the learned counsel for
the plaintiff, and a conference en.ued which ended in Mr.
Watson resuming his seat.
Mr. Berjeent Wilkins said I am compelled to admit that
no good man can withhold from this young lady his sym-
pathy and admiratien. The correspondence does infinite
credit dike to her head and to her heart; and I think I awl
say, although 1 have before me now correspondence amount-
ing to some hundred pages, that it does not contain a senti-
ment or a line throughout the whole of it, at which
an angel might blush. My client admits that she
is possessed of great personal attractions and also
mental ones that many might envy. There are feel-
=my lord, which all men can understand, but
very few could explain, and which would almcst
tempt one to think that marriage is a matter of destiny ; but,
although the defendant admits that the plaintiff retail- s these
attachments, and that she may defy her bitterest enemy to
point to her history to find there a blemish, yet he felt that
he was not in a position to render her so perfectly happy se
a husband should do, and under these circumstances he with-
drew from his contract. He is willing to pay the forfeit
which the law imposes upon him, and he sincerely hopes
that time may heal those wounds which his act has inflicted.
After some observations from Mr. Watson, a verdict was
taken, by consent, for the plaintiff—damages, 8001.