The Express.
London, England, 1866-10-09 00:00:00

THE EXPRESS, TUESDAY EVENING, OCTOBER 9, 1866.

SixtrUng Ercttliigt tut.

at 9to 1 w backed to s large sum. The closing prices
were as follows : .

NEWMARKET SECOND OCTOBER MEETING.

tassiuts
oto 1 ,gat Chepstowi,otf, 40 to 1 asst ZenoMa (t & off)
to 1t f) 10 to 1 Burney 1)
9 to 1 Lecturer (t 1) 60 to 1 War •t)
10 to I Proearpine (t) 50 to 1 Endsiefgh (t)
11 to I Jollity (t) 50 to 1 Lively (t)
100 to 8 Bradamante (t) 60 to 1 Actsra 'A)
100 to 8 Lotbario tt) 60 to 1 Dulcimer (off;
20 to 1— La Favorite (t) 100 to 1 Ethelred (t)
20 to 1 Rapti& (t) 100 to 1 Philosopher (t)
20 to 1 Dubiety (t) 100 to 1 Holstein (t)
25 to 1 Potomac (t & of) 100 to 6 Caithness (t)
40 to 1 Rama (1)
Fitzroy has been destroyei
Anurram—Relent Ends]
Violent, Rose, Plaudit, Chat
red, Monitor, Caleb, and

YON DAT.

According to custom the special train which left Shore-
ditch shortly after noon on Sunday conveyed a large nuns.
ber of the racing fraternity to " headquarters,' and at
night the town of Newmarket assumed the bury appearance
usually observant on the Sunday before the Cerrewitch.
This morning being fine, a large number of horses were
brought out to exercise upon the heath, and " the
"hangers" that had arrived, and the horses belonging to
the town stables were eagerly criticised and examined.
Dubiety and Lothario were among those that claimed a
good deal of attention, and the pour were much admired,
except by a section, who pulled Dubiety to pieces, and de-
clared they would not have her at any price. This rooming
At still larger number were brought out, and the con-
course of people assembled to witness the tailor,'
was also • good deal larger. The special and
ordinary trains from the metropolis and other places
were heavily freighted, but no betting took place on the
downward journey ; end on assembhpg in front of the
rooms no change of any moment was announced. The
weather was exceedingly fine and the course splendid
going. The attendance was quite up to the average of
" Setzerwitch" Mondays. The card contained twelve razes,
inclusive of matches, upon which • good deal of specula-
tion took place ; in one especially, Fitzroy v. Pinar,
great deal of interest was taken, and a crowd 'rambled
at the post to see the Derby crack, Fitzroy. Odds of 9to
4 were freely betted on Mr. Ten limit's good-looking
colt, and in several instances 40 to 1 was taken that he
won both the match and the Derby. The favourite from
the start to within 50 yards of home held the nee, and
shouts were raised that he had won. Suddenly
he was seen to falter, and simultaneously •• renliar snap
was heard distinctly in the vicinity. l'encles was thus
enabled to win by three lengths. Forums immediately
dismounted, and it was found that Fitzroy had broken his
thigh above the near hock. A van was sent for, and in an
hour afterwards he was removed from the course. This
was quite the sensational feature of the afternoon. The
other races and matches will be found fall] described
below. After Pintail's victory fur the 1P Plate,
3,000 to 300 was accepted about Jollity for the nee of the
morrow, this support being accorded on the etrentih
ns.of
the trial which Jollity had with Mr. Payne's mere.
actions on the Cesarewitch on the course, and in front of
the rooms, will be found appended to the day's racing :

Pluton, Sultan, Lively,
Stratheonun, Ethel-

PROGRAMME FOR TO-MORROW.

Tai OATLANDO nava (Handicap) of 50 sore. Cam-
bridgeshire Course (one mile 240 yards).
THZ BZAUPORT anima of 150 save. each, h ft ; for 3-yr-
olds ; maiden allowances; colts, Bst 101 b; fillies, Bst 61b.
R.M. (one mile 17 yards). (5 cube.).--Stoic (31b), Lady
Violet (51b), Fsca (Mb), Valeria (51b), Potomac (31b).
THE WILTON STAKES of 60 eon. each, 25 ft, for 2-yr-
olds ; colts, Bst 101 b ; fillies, Bst 61b. Last three-quarters
of KM. (11 subs. by Parmesan—Alabama's dam
Distin, f by —Lady Betty, by Toxophilite2-
Miss Sarah, Pussy, Ravioli, f by Dundee—Blanche of Kid-
dlebie, La Kandite (h b), f by Newminster—lriah Queen,
Vauban, Ophicleide.
THE Beuroan STALES, & sweepstakes of 50 sous. each,
h ft ; colts, Bst 10lb ; fillies, Bst lb ; winners of a sweep-
stakes of 500 mom, with ten subscribers or upwards, 71b ;
all other winners of sweepstakes or plates, 31b extra
weights accumulative up to 101 b. Bretby Stakes Course
(6 furlongs). (13 subs.)—Rphrre, Moleskin (31b ex.), Kid-
derminster, Arundel (31b ex.), Photographe, The Rake (Mb
ex.), Highwood), Artesia, Ines (31b ex.), Red Riband,
Ophicleide, Rathven, Matignon.
THE Sexier Brazes of 50 sovs. each. h ft, for 3-yr-olds ;
colts, Bst 101 b ; fillies, Bat 71b ; the winner of any one of
the following stakes, bib ; of any two of them nb extra:—
The Two Thousand Guineas or One Thousand Guineas
Stakes at Newmarket, the Derby or Oaks at Epsom the
Prince of Wales's Stakes at Ascot, the Great Yorkshire
Stakes at York, and the St. Leger or Don Stakes at Don-
caster • the second to save stake. R.K. (1 mile 17 yards).
(14 subs)—Lord Lyon (7lb ex.), Strathconan (Mb ex.), Ar-
tesian, Staghonnd, Robin Hood, Duke of York, Blue
Riband, the Csar, Rector, The Peer, Mr. Pitt, Rustic (71b
az), Paninnkey, Freedom.
F 1152 Yzart op Tay Burnam, Post NATcH oohs,
13st 101 b ; fillies, Bst 71b ; 500, 200 ft ; one to the post.
T.Y.C. Caucasus, Ophicleide, Charming Ma , Lady
Heater, Vauban, c by Young Melbourne—Maid of
o by Toxophilite—Miss Sarah—c by Toxophilite—The
Drake's dam, Sisterto First Flight, and Sister to Strafford.

HANDICAP SWIENITAIES of 20 1101,11. each, 5 ft, for
3-yr-olds and upwards. T.Y.C. (5 farionp 140 yards.) (13
rube., 6 of whom pay 5 sore. each.)
Mr. Craven's Panacea, by The Cure—Lord Durban's
8 yrs, est 4Th (Kenyon 1
Mr. W. Morris's Whitby, gyre, 7st 111 b (S. Adams it
Marquis of Hastings' Pantaloon, 4 yrs, Bet 111 b (Forelham 3
The following also ran :—Troublesome, Janitor, and Vixen.
Betting opened at 100 to 30 apt Panacea, but closed at
100 to 30 apt Pantaloon, 4 to 1 apt Vixen, and 5 to 1 each
apt Whitby and Panacea. Whitby took up the running
immedistel7 after starting, followed by Vixen and Panacea
until entering the cords, when the latter drew to the front
and won cleverly by a neck. Pantaloon was a bad third,
and Janitor last.
Bwtsrerrsina of 300 son. each, h ft, for 2-yr-old fillies,
Bst 81b ; certain allowances. T.Y.C. (5 furlongs 140 yards).
(7 subs.)
Marquis of Hastings' Ines, by Newminster—Bareelona,
Bst 71b (Fordham) 1
Lord Glasgow's Sister to Stafford, ad 71b (T. French) 1
Mr. Merry's f by Dundee—Blanche of Middlebte, Est 101 b
(Challoner) 3
Betting : 4 to 1 on Ines, who made all the running, and
won easily by two lengths, half a length separating second
and third.

A Svflurerxnue of 50 son. each,h ft ; for 2-yr-old colts,
Set 101 b ; fillies, fist 71b ; not engaged in the July Chester-
field, Rutland, Clearwell, or Prendergast Stakes ; winners
of 200 sous. or upwards, 61b extra ; maidens allowed
31b. Criterion Course (6 furlongs.) (5 =MO—Satyr,
Filiponnier (61b extra), Chignon, Bounceaway, and Dove-

THE MIDDLE PARK PLATE of 1,000 revs., given bi Wil- '
Liam Bleu'drys, Esq., added to a sweepstakes of ' son.
each, 20 ft ; for 2-yr-olda ; colts, Bst 91b ; fillies, Sst 61b ;
winners of a stake value 1,000 soya. nb ; of 500 mom,
41b extra ; maidens at starting, allowed 31b. Brstby
Stakes Course (the last 6 furlongs of ILM.). (185 subs.)
Lady Hester (41b extra), Charming May, The Usurper,
f by Newcastle—Ratty, Caesar, Fitzroy, Claymore, Owain
Glyndwr, Stolen Kisses, Locbaber, Mavourneen, Declama-
tion, Thornapple, Wroughton (4lb extra), Ruthven, The
Hermit (nb extra), Blinkhoolie, Coldstream, The Baltic,
Midwife, Ben Nevis, Beauclerk, Imperator, Longehamps,
Cerf Volant, Trocadero, Geant des Bataillea., Charlemagne,
Jenne Premiere (bred in France), Catherine, Knight of
the Garter, The Pried, The Dean, Weathergaide, Tyne-
dale, Marmite, Man of Ross, Marksman (41b extra), Bird-
forth, f by Thormanby—Sunfiower (41b extra), Miss Bate-
man, The Shan Van Vocht, Pedagogue, Cancun; Golden
Bloom, La Sorrentina, Milan, Ettrick, Guy of Warwick,
c by Leamington—Annie Laurie, Master of Arts, Red Ri-
band, Leases, The Leading Suit, Preface, Scavenger,
Alexander, K'ngabaroagh, Lord Hastings, Barrington, The
Porter's Knot, n(bred in France), Seville, Vauban,
Alieant, Violet de Clare, The Hatter, Rose, Walton, Clod-
hopper, oby Vedette—Testy, Rabbit Trap Londeebo-
rough, Cyclone, High wood, The Rake, Verulam, Perdi-
tion, Glengarnock, Pussy, Rouge &miler, Beanstalk,
Stock-mar, Normanby, Wild Moor, Cellina (41b extra),
Stradbroke, Scipio, Premier, Soulouque (bred in
France), Arundel, Kidderminster, Seringapatam, Plaudit,
Chatsworth, Argentel, Van Amburgh, Diadtme,
f by The Jewel by Stockwell—July, Mochne, Neuter Wil-
lie (41b extra), Lord Browulow, Unease, King Charles, The
Duchess, Prodigal, The Empress, Ines, The Palmer, cby
Musjid—Calipyge, Nell Gwynne, Susan, Tumbler, Ophi-
cleide, Will Scarlet, Miss Ada, Lady Rose, Ailesbury,
Archimage, Achievement (71b extra), Camilla, Janus,
Falkenstein, Jasper, The Pieman, Carnage, Mosquito, Odd
Fellow, Cannon Ball (41b extra), Ravioli (71b extra), c by
Parmesan—Cincinnati, Peggy, Lady Craven, Janeiro,
Cyrus (bred in (France), Clinker, Dear Tom, Patricien
(bred in France), Distin, Honesty Pericles, Julius, Silenus,
Bombastes, Greenback, Frost, Vidi, Vici, Verdi (b b), o by
Warlock—Slut, c by Vedette—Mims Sellon, 0. K., Knight
Errant, Cauthleen, Faux Pas, Charles IL, Freemason,
Sister to Vedette, Huntsman, Visionary; Delilah, Rus in
Urbe, Rinderpeat, Fairfield, Harpenden, Chifuey, Bounce-
away, Sir Oliver, Foodor, Rust, o by Dundee—Augusta,
Brother to The Masson, Brunehaut (bred in France), Leap
Year, The General, Perette (paid), The Dybbol (paid), f by
Brocket—Texana q)aid), Priority (paid), Capucin (bred in
France) (paid), Flambant (bred in France) (paid), Julia
Peel (paid), Columbine (paid), Gipsy Queen (paid), Gar-
denia (dead), Fair Weather (dead).
ItArcu, 200, h ft—Mr. S. Thellusson'a Pirate Chief,
Set 121 b, apt Sir J. Hawley's Fakir, Est 101 b, both
2-yr olds. T.Y.C. (five furlongs 136 yards.)
MATCH. 150, h ft—Lord Glasgow's f by Tom Bowline,
dam by Melbourne, agst Admiral Rous's Lady Bugle Eye,
Bst 71b each, both 2-yr olds. Bretby Stakes Course (six
furlongs.)

ft._T.Y.C.

Mr. R. Ten Broeck's Midwife, by Wild Dayrell—leode by
Slane, 2 yrs, Bst 716 (Fonlham) 1
Marquis of Hastings' Duchess, 2 yrs, Bst (Cannon) 2
Betting opened at 7 to 4, but clamed at 5 to 4, on
Duchess, who made play till within 20 strides of the
chair when Midwife came out, and won, after a goodfinish,
by a head.
PLATE of 1001., for 2-yr-olds ; colts, Bst 10lb ; and fillies,
Bst 81b. T.Y.C. (5 furlongs 140 yards).
Mr. Pryor's Fripanzder, by Chevalier d'lndustzie—Teradon,
Bst IMb (Gaetano') 1
Mr. H. Coventry's Viridis, tat 81b (A. Edwards) 2
Duke of Newcastle's Opoponax, Bst 81b (French) 3
The following also ran :—Court Card, Q. C., Meade, c by Bar-
betas, dam by West Australian—Brown 8e.., Moleskinth_..c by
Lord of the Isles-8 litvote, Adam Bede, Leases, Arabia,
Sister to Vedette, k, t by Beademan—lialamanca,—Va
Van-
dyke, Guy of Warwick, Mlesbury, and Marmite.
Betting : 3 to 1 apt Friponnier, 6 to 1 agst the Sala-
manes filly, 100 to 15 apt Hippie, 7 to 1 apt Opoponax,
8 to 1 each apt Bismarck and Viriclis, 100 to 8 apt Mole-
skin, 100 to b apt Ailesbury, and 20 to 1 each apt Sister
to Vedette and Leases. After a few breaks away a good
start was effected, but after going a few strides Fripon-
nier took a slight lead, the most prominent of the others,
after going 200 yards, being Vinolis, Bismarck, Hippie,
Opopunax, the Salamanca filly, and Court Card, and these
formed the leading division into the dip, where Hippiawas
beaten, and the favourite gradually increasing his lead, won
in a canter by four lengths. A similar distance separated
sooond and third; Bismarck, close up, was fourth, the Sala-
manca filly was fifth, Moleskin sixth, Hippie seventh,
Sister to Vedette and Ailesbury next, the rear division
comprising Vandyke, Guy of Warwick, Leases, and the
Splitvote colt.
SWEEPSTAKES of 300 sous., h ft. for 2-yr-old fillies,
Bst 1016; certain allowances. T.Y.C. (five furlongs 140
yards). (5 subs.)
Mr. Merry's f by Thormanby—Sunnower, Sat 101 b
(Challoner) 1
Lord Glasgow's f by Tom Bowline dam by Melbourne—
Miss Whip, Bst 71h (Preach) 2
Marquis of Hastings' The Empress, Bet 101 b.. (Fordham)
Betting: 3tol on The Sunflower filly. Lord Glaagow's
filly made play for half a )Wile, when the favourite closed
with her, and coming away 100 yards from home won
easily by a length. The Enipress was a bad third.
RENEWAL OP THE SWEEPSTAKES of 50 SOTS. each, 20 ft,
for 3-yr-old fillies, fist 101 b ; certain allowances. Ditch
mile (seven furlongs 210 yards). (8 rube.)
Sir R. Bulkeley's Pamunkey by Cannobie—Tasmania's
dam, Sat lull, 'Goater) 1
Mr. Savile's Polly Perkins, Bet car. tat 11b) Fordhaiu) 2
Mr. Naylor's Wildbitar, Bst 711) (Clsalloner)
Countem Amy also ran.

Betting : 2to 1 aget Wildbriar, 3to 1 each agat Polly
Perkins and Pamunkey. Polly Perkins was first away,
followed by Wildbriar and Countess Amy, and they ran In
this order until entering the cords, where Pamunkey,who
had been lying off, challenged Polly Perkins, and won
after a rattling finish by a head. Wildbriar was a bad
third.

BETTING AT MANI
_ CESARE.

CHESTER.—MoNDAT.

9to 1 asst Prosergaue7l-10k7 0- 6 agst RegaHal)
off) 100 to 6 LaFavorite(oft)
10 to 1 Potomac ft) 100 to 6 Jollity (o)
11 to 1 Bradamanto (t) 21 to 1 Dubiety 3& 0)
100 to 8 Lecturer It, 33 to 1 fluruey:t f)

MATCH : 200, h ft. Last five furlongs of Ditch mile.
Mr. R. Ten Brceck's.Phantom Sail, by Zuyder Zee —Hells,
yrs. Sat 71b(Fordham) 1
Marquis of Hastings's Whirligig, 2 yrs, Sat Slb ;Cannon) 2
Betting : 5 to 4 on Phantom Sail, who waited on the
non-favourite till within the cords, when she came away,
and won easily by half a length.
MATCH : 300, 100 ft. Last five furlongs of Rowley mile.
Duke of Newcastle's Peitcles, by Newnilnster—Pert,
sat 51b (car. Sst 61b, ,Oustance) 1
Mr. R. Ten Brceck's Fitzroy, Bat 1010 ,Fordham) 2
Betting : 9 to 4 on Fitzroy, who held a clear lead, and
appeared to be winning in a canter, when, about fifty yards
from home, he was seen to falter, and a loud snap was
heard simultaneously. Pericles, immediately going to the
front, won by three lengths. On Fordham dismounting,
it was found that the horse had broken his thigh above
the near hock, and was subsequently removed from the
course in a van.
MATCH : 100, h ft. Bretly Stakes Course (six furlongs).
Mr. H. Coventry's Land Tax, by Big Ben—Redemption,
2 yes, Sat Slb (Edwards) 1
Sir F. Johnstone's Charles H., Bet 'Parry; 2
Betting : 2to 1 on Land Tax. The non-favourite held
' a' slight lead to the bushes, where he went to the front,
and won easily by a couple of lengths.
MATCH, 100, h ft. Bretby Stakes Coarse.
Mr. Savile's Roquefort, by Parmesan—Cincinnatti, Set 71b
(Custanoe) 1
Marquis of Hastings' Romney, Sot 71b (Fordham 2
Betting : 2 to 1 on Roquefort, who made play through-
out, and won in a canter by a length.
HANDICAP PLATE of 50 sovs., for 3-yr-olds and upwards.
Cesarewitch Course.
Mr. Pieties Pintail, by Stockwell—The Drake's dam, S yes,
7st Sib, (Cameron) 1
Marquis of Hasting's Ackworth, 5 yrs. Sat 121 b ;Fordhami 2
Duke of Beaufort's Comers. 4 yes, 7st 1210 /Cannon)
The following also ran :—Friday, g by Sir Tattoo Sykes—Miss
Stephenson, and Love Apple.
Betting : 100 to 40 apt Pintail, 100 to 30 apt Love
Apple, 4to 1 apt Ackworth, sto 1 apt Comers. Comers
cut out the work with a slight lead of Love Apple, Ack-
worth, and the SirTatton Sykes gelding, Pintail lying off,
and they ran in this order for a mile and a half, when Mr.
Marston's gelding was beaten. Approaching the dip the
lot took close order, and on reaching the hill Pintail went
to the front, and, never afterwards being headed, won in
a canter by three lengths from Ackworth, who defeated her
stable companion half a length for second place. Love Apple
was fourth, and the Sir Tatton Sykes gelding last. Friday
exhibited his usual temper prior to starting, and suc-
ceeded in throwing Loatea, fortunately without in-
juring him.
THE OCTOBER PRODUCE STAKES of 100 WM. each, h ft,
for 2-yr-obis. Last five furlongs A.F.
Mr. Merry's f by Lord of the Isles-311m Ann, Bat 711:1
,Challoner) w. 0.
MATCH : 150 sovs. h ft. T.Y.C.—Lord Glasgow's fby
Toxophilite—Maid of Masham, received ; Admiral Itous's
Pieman, paid.

100 to 8 LotIoulO'teto)1 10 to 1 kodaloig
100 to 8 Chepstow (off) I

V. Mu Intelligente.

SHERIFFS' COURT.—Ocr. 8.
(Before Mr. Commissioner Kerr.)
woutionit v. THE NORTH LONDON RAILWAY OORMANT.
IMPORTANT TO RAILWAY PAIMINGIBIL
This was an action to recover damages sustained by the
plaintiff in consequence of the railway not having
carried him as per agreement, the point involved being one
of very great importance to the pu lie.
The plaintiff, a merchant, of Houndaditch, mid that on
Sunday, August 5, he took two first clam return tickets
from Brmd-street to Kew. Upon the return
when he presented his ticket at the wicket at =ye
asked the company's servant there if that train went right
through to Broad-street. He was informed that it ,
whereupon he took ibis seat, but when he arrived at Cam-
den he was forced to alight and wait for another train.
He waited for some time, and finally found that two trains
that came in were full. He was very roughly used by the
people at the Camden station, and was forced to take a cab
to get home.
cross-examined by Mr. Carr' for the company—l will
swear that I was told at Kew the train was going right
through to Broad-street. I had a special meson for oinking,
as my wife was ill, and I did not want the trouble of
changing.
Mr. Carr—Have you your tickets with you ?
Plaintiff—l have. The tickets bore the words, " Kew
to Broad-street, subject to the company's printed regula-
tions."
Mr. Carr— The company have made certain regulations
for conducting the traffic, and amongst them is one as to
the trains.
His Honour—The tickets say " Kew to Broad-inert,"
and as to the printed regulations I do not see how the plain-
tiff is to be bound by them. He might never have seem
them, or he might not be able to read.
Mr. Can—l shall show by witnesses that the persona in
authority at the station made no such statement as that
to by the plaintiff.
deposedhn Morse, the station-master at Kew, said that for
the accommodation ef the public, and in order to clear the
platform, • special train was put on, and left there at
8.13, the time fixed for the ' rain being 8.73. If
plaintiff went by the 8.13 train he would have to change,
but the ordinary train went right through.
Plaintiff—l asked the man at the wicket, " Does this
train go right through to Broad-street?" and he mid it
did. 'Awe was no special train.
Morse—He must have meant the ordinary train.
Other witnesses were called on the part of the company
to show that none of the guards had given the plaintiff
such information as should have induced him to Mistral
that he was going through to Broadotrest.
His Honour—lt is sworn that the man at the wicket told
him.
Mr. Can did not consider that he had given each infor-
mation as should bind the company. He referred to
another train.
His Honour was of opinion that there was evidence of
the contract between plaintiff and the railway company in
the ticket., and prima facie there was • contract to carry
the plaintiff right through to Broad-street. The company
had clothed the man at the wicket with authority, and
his Honour considered that plaintiff was quite juenfied in
applying to him for information as to the destination of
the train. It was clear that the man at the wicket bad
mistaken the special train for the ordinary train, and when
he was asked whether this train" went right through
to Broad-street he answered in the affirmative. His Honour
considered that the plaintiff had acted properly
titertn
ly-
ing to this man, and after the defendant. had do
with authority the court did not see how they could now
Repudiate it.
Mr. CarT—lf your Honour is against me on that point,
it will be useless for us to struggle against the decision.
Does your Honour think that by our contract we are bound
to take plaintiff right through ?
His Honour—Yes. There is a prima facie contract to
carry him through. Now I must bold that plaintiff was
entitled to be satisfied with the information furnished to
him by the man at the wicket. If every passenger were to
go running about the platform asking every official as to
tho destination of the train, business would he at a stand-
still, and the train would never be filled. The duty of the
man at the wicket, if there was any doubt, was to refer
the applicant to the station-master. Under all the circum-
stances plaintiff was entitled to recover, and would have a
verdict with costs.
Verdict for the plaintiff accordingly.