The Express.
London, England, 1867-08-26 00:00:00

TO THIS FIMTOR or THE rxrarmy.

Sts,—After a York August Mooting that turned
out far more eventful than had been anticipated, we sue
promised a Surplice and Canerou St. Leger, thanks to
Achievement's return to " form." Many will doubt, I
dare say, whether Colonel Peareon's filly is really the
superior flyer we saw her last year until the St. Leger is
over, and excuse Vauban's disgrace ou the ground that it
was his turn to be amiss, and that be cannot be within
pounds of himself now ; nevertheless, allowing for the ten
race she had already taken part in this year before he met
Aohieveuieut on Friday last having taken the bit out
of him, the young Muscovite was beaten with such
ridiculous ease that his conqueror is entitled to every
credit for her performance. Those who saw The Wonder
after her mile race with Vauban at Ascot, and then again
when she showed on the Knavesmire, could not fail to
notice a marked difference in her appearance, for though
she was always • light-made. " greyhound" style of animal,
there is much more of her now than there was in the
spring and early summer, and I am glad to discover my
theory to account for her disgraces of three months ago
was perhaps the correct one, and that instead of Custance
having ridden her badly in the Oaks, or of her being in.
capable of staying, she was dead amiss. How those feel
who have been laying their G to I and 7 to 4 on Hermit
and Vauban against the field is easily conceived, and the
blind supporters of Marksman must have helped to give
the layers' " books" so very rosy a tint that they can afford
to stand out, and make the " gentlemen" buy the Achieve-
ment money dearly. The chances of the second-raters ob-
taining even a " place" are now consideiably reduced, for
there are only Julius and the " uncertain" D'Estournel
to contend for the third position against Vauban, after
Van Amburgh's reverse at Brighton, and the way Chal-
lenge, Taran, and Fervacques were affected by last
week's doings. Mr. Bowes's gelding was in one of his very
worst moods, again showing his fulky temper to be almost
incurable, whilst Romping Girl was beaten cleverly enough
by Ines—an improving filly, no doubt—and Fairwind so
far in the Great Ebor as to detract materially from the
good character the Anglo-Frenchman won at Newcastle,
where he ran no tatter against Taraban than Mr. Osborne's
did. Besides, in addition to Fairwind, Fervaoques' own
stable companion, Furtunio (who must have been tried
collaterally with the (inlaid Prix winner to become the
"good thing" lie was erroneously supposed to be) ran
very moderately in the handicap, where Challenge, too,
failed to take first-class honours, the most that can be said
of the latter being that he might have been second to
Beeswing had both been ridden out sad • length
or so in front of Corers. Had this return been really
made, the Trumpeter would not then have appeared of a
better class than the two mares just named, nor can he be
worth many thousands more than the 3,50 J guineas the
Marquis of Hastings gave for him, or entitled to become
nearly on a par with such things as Hermit and Achieve-
ment. Were Mr. Chaplin's second string, Blinkhoolie, to
run in the St. Leger, be would stand • fair chance of beat-
ing all the other outsider, as there is not such an hu-
proved colt at Newmarket, and few look capable of taking
higher honours than lie—however, should the weights, to
appear next week, be at all favourable, the autumn handi-
caps nay be more in his line ; and if not, Mr. Chaplin has
patience enough to reserve him until he can land a grand
coup. Blink Bonny's half-brother has yet to prove himself
a good horse in public at the same time, and may
be fairly treated in the Csearewitch, because he has
not been knocking about to throw dust in the eyes of the
handicapper. A " performance " that nearly everybody
jumped to the conclusion was intended as • mere prelimi-
nary canter for a big handicap, came off in the first race
at York ; though, if such were the object, the job was
done too clumsily to succeed, as the merest tyro could per-
ceive lard Ronald's opponent for the Zetland bad only
to " come" • little soonerto win easily. There was not much
" stopping" in the Ebor which, as I anticipated in my last,
turned out one of those good old-fashioned races seldom
seen now-a-days. To add to the excitement, the finish was
one of the most thrilling kind, the friends of Beeswing—after
they had begun to count their gains, so easily was she
winning at the stand—being aghast to see Mandrake stealing
gradually up between her and the rails in the last fifty
yards, and the jockey to whom their fortunes were en-
trusted looking another way. Could they have thrown •
brick, or • paw of race gleam say, in his direction, he
might have turned his bead in time to prevent the ear-
prise ; but no one even so much as shouted to wake the
Prior from his lethargy, and the lucky wen of Middleham
had the felicity of seeing Cameron creep within three
strides of the post ere his presence was discovered, and by
a determined rush get hie Kurd's head in front before the
Epsom artist could extend his animal again. " First run "
in a spin of so few yards is everything, of course ; and
hence Mandrake was home before Beeswing could
recover the advantage lost, whereby Mr. Heath-
tote was mulcted of • sum that is consi-
dered • " fortune" even in these times by quiet people.
Cameron had just previously ridden a magnificent race on
Mercury against Kenya' and Ulnas, and the shrieks of
" excited Yorkshire" when his second victory came off
might have been heard at Epsom, had the ears of all the
natives been as long as their representative in the pigskin.
The misfortune is that Beeswing is now just as much
" exposed" as though she had won the Great Ebor by two
or three lengths, and she is sure to get 9st, orthereabouta,
the next time she is handicapped for • great race. Comers
ran a great mare under her 9st 31b, and might
have won—or anything else, in fact—had she been
in Mandrake's place during the last hundred
yards, the weight she was giving to Bradamante,
Challenge, Ailesbury, Treasure Trove, Goodwood, For-
tune (all so strongly fancied by their own parties), andthe
winner, going much farther to prove her A I than the
Goodwood victory. Aileebury and Treasure Trove ran llke
horses incapable of staying, and " Kenyon's mount " was
one of the last home, it being • singular coincidence that
the Epsom division supplied the last three (leaving out
Seville and Minster Bell, who were stopped when their
mission of making running for Gemara and Mandrake was
completed) in Aileabury, the still sound Ackworth, and
Dalby, besides what should have been returned the winner
in Bewaring. The Cup turned out • more exciting affair
than usual, owing to the astonishing defeat of Moulsey by
Strathconan, who still runs in and out as ever,
his upset of Westwick at Stockton being rendered
more inexplicable after the latter's defeat by Ischia on
Wednesday. But the Richmond roan's best performances
have all been done at York, and it was on the K naves-
mire, let it be recollected, that he lowered the pride of
Rustic, and won the Great Northern Handicap last spring
with a heavy weight. Moulsey, too, has not been
one of the must certain horses of late, his defeats at Hun-
tingdon being anything but in keeping with his running
at Goodwood and Brighton ; and how he keeps on his legs
at all, after nearly twenty races this year, and about fifty in
'65 and 'lll, is more surprising than his oeciasional defeat.
Apart from the events noticed in the foregoing remarks,
there were not many of any great importance,
the form of the two-year-olds generally being
moderate, with the brother to Bird on the Wing colt,
Quality, Tregeagle, Mercury, Coma, Lady Highthorn, Vale
Royal, Thunderstorm, The Earl, Ouragan, Janet Raw-
dale, and a Nutbourne filly bought for 600 guineas out of
a selling race, the best of them. There is scarcely a
" Derby horse" amour g these, allowing that Uneas would
have won his race with Mercury had not so much been
taken out of himself before the start, and that Vale Royal
and The Earl are coming on into very nice colts, Lord
Stamford's being an especially promising one, as by his
easy upset of Lady Highthorn and Inundate he proved
there was little mistake in his race with Suffolk at Ascot,
badly as be may have done in the meantime. Lord
Glasgow's colt, again, was very backward ; and Tregeagle
was trying to do • great thing in the Con-
vivial, giving I Ilb to ••filly of Quality's stamp
being no joke, as may be discovered hereafter. This filly
was the most improving thing seen at the meeting, and
the eagerness to buy her brother Acaster, after her victory,
showed the estimation in which she was held. But Captain
Machell is not the gentleman to undervalue the bargain
he obtained on the morning of her victory in Nelson's
Yard ; such a miserable place for s. sale of blood stook
that it is no wonder—seeing howthinga are done at Middle
Park, East Acton, Hampton Court, and Fairfield—there is
a greater scarcity of buyers every year, and that yearlings
with no reserve upon them are either sent tack fur want of
the smallest bid, or prizes are almost given away. This
Amster, purchased by Captain Machell for Mr.
Chaplin at 270 guineas, was worth moro than
thrice that sum before the day was over; and bad
he been sold at Mr. Blankiron's he might well have
run into four Spurts, it being to the credit of the gentle-
man just named that the colt was secured for such a good
client as Mr. Chaplin has been to him at his strong per-
suasion. These sales would be • great adjunct to the York
Augustin Minion, were they brought off on a more wave-
nient spot ; but as it turned out there were not half the
things advertised sold last week, and there was no big
figure reached, beyond the 500 guineas a colt by Needle
Gins was " put in " at. The returns from Fiurfield on
Tuesday were much better, 950, 900, 620, and several be-
tween 500 and 600, being very coed figures for the descen-
dants of comparatively young sues, sod Mr. Jackson may
well be proud of the V 5 guineas average fetched by his
twenty-eight.
For the next sixteen days nothing but the St. Leger will
be seriously thought of by turfites, and the meetings of the
current week are only of the kind that will interest those
on the spot. Derby and Lichfield will attract the best
company, perhaps, both of bipeds rind quadrupeds, as
J. Day's stable will supply many favourites, and no doubt
some owners too, though what their arrangements may be
is mere guess-work now. Certain Newmarket stables, too,
will have all to do with the Yarmouth events, and W. Day
and Co. will with those at Weymouth • and for the
Kentish meetings I can only opine that Maesderwen and
Heather Bell In the Two Year Old Race, and Monitrewi in
the Handicap if she likes, will do good battle at Canter-
bury with Pevensey.—l am, Rn, METEOR.

BETTING IN LONDON.-SATumAy.

The clubs were bat moderately attended, and u very
little disposition to speculate was manifested the business
usuacted wu omilleied within the narrowest limits. For
the St. Leper Hermit was backed for about 150/. at 6 to 4
while 5 to 2 was readily accepted about Achievement, and
at lest asked for in vain. Vauban continued to be in bad
odosr, afro al 10 to 1 only provoking a solitary resposoo

to accept 15 to 1. The rem*
wading, were animvortont,
tog quotations:
__ _

ng items of the .lA3,', pro-
will be even by the follow-

6 to 4 apt Hermit - 411 to 1 opt Marksman (off,
b to 2 Addevement WO to 1 Taraban
and w• 2to 1 Vanban,l, 2, 3
10 to I Vauban or, t (t;
15 to 1 3to 1 Jnliva, 1,2, 3
100 to 5 Julius ti • i 1)
CDIASE
1000 to 10 apt Usurper ,t,

WITCH.
1000 t 0 10 wit Dalesman

CRICKET.

PROGRAMME FOR THE WEEK.
(From The Cricketer'a Pocket-book.)

This day, Tuesday. and Wednesday—At the Oval.
SURREY AM) FfirssEx V. ENGLAND (for the benefit of Tom
Lookyer). The following are the advertised players :
Surrey andriussex—The Hon. F.G. Pelham, Charlwood,
Griffith, Humphrey, Jupp, James Lillywhite, Mortlock,
Payne, Pooley, Sewell, and Southerton. England—Messrs.
C. Maud, W. G. Grace, Round, T. band, N . E. Walker—
G. Bennett, Emmett, Luke Greenwood, T. Hearne,
Rickets and Willsher. (Additional accommodation will
be provided on this occasion.)
At Nottinghanr.—Norm v. NORTH or ENOLAND.—The
sides will be as under :—Notte—Biddulpb, R. Daft,
Grundy, Jand, W. Oacroft, Parr, A. Shaw, J. C. Shaw,
Summers, Tinley, and Wootton. North of England—Mr.
Barber, Atkinson, Carpenter, C. Coward, Freeman, T.
Hayward, R. Iddison, Pinder, Rowbotham, J. Smith
(Count It and Tarrant.
At Bnghton.—GENTLEMES OF SCRIMS V. ROYAL ARTIL-
LERY (return).
On Tuesday and Wednesday, at Dreham (return sup-
plementary match).—M.C.C. AND GROL7D V. Courrr
or NORFOLK.

On Thursday, Friday, and Saturday.—At Gravenen&
GENTLEMEN OF Km V. GENTLEMEN OP SUS.SEX (return).
At Southsea.—UNrren Bovril ELEVEN V. TWENTY-
TWO or Edit HANTS CU B.

At Bradford (Yorkshire.)—ELETEN OF NOTTINGHAM-
YHIRE EIGHTEEN OF BRADFORD AND DISTRICI, for the
benefit of Ike Hodgson.
On Thursday and Friday. At Bury St. Edmund's.
(Return supplementary Match.)—M.C.C. AND GROUND V.
COVNTI OF SUFFOLK.

At Werwiek.—WAnwiecuillitn v. GLOUCE,TERSIIIRE,
(Gentlemen), return.

GEEAT CRICKET MATCH IN BIRKENHEAD-PARK.
—oae of the moat exciting and brilliant cricket matches
ever played in the vicinity of Liverpool came off on Thurs-
day, Friday, and Saturday last in the park at Birkenhead.
The match was between the team known as Fares "All
England Eleven " and eighteen members of the Birkenhead-
park Club. The " Eleven " went in with a rush at the
first innings, scoring 170, while the " Club " had but a
beggarly score of 76. In the second innings, however, the
state of affairs was completely changed. Thanks chiefly
to the brilliant playing of Mr. Stubbs, the club raised a
score of 192, while the " Eleven " could only get up to 94,
with 102 to make them winners, thus losing by seven
runs. The result, known about 5 p.m. on Saturday, was
received with great enthusiasm by a vast crowd of specta-
tors, whom the Club considerately admitted to the ground
without charge.

THE EXPREk MONDAY iiVE.Ir4iNG, ATIGi7T 26, 1867.

ititb) intelligence.
METROPOLITAN COUNTY COURTS.
(Patting days appointed for the present week.
SOUTHWARK, Swan-street.—Wednesday, Aug. 211;
29: Friday, 30.
Crrr ,NDON, (I ulidhall.huildlngs. —Tuesday, Aug. ;
Wednesday, 2s; Thursday, 20: Friday, 30.

ASSIZE INTELLIGENCE.

NORTHERN ClRCUlT.—lavrapooL, Atro. 24.

CROWN COURT.—(Before Chief Justice Bovin.)
THE aT. HELEN'S MURDER.

•
The trial of John Smith, aged 33, for the murder of Adam
Mather, at Windle' was resumed this morning.
Mr. Torr and Mr. Watson were the counsel for
the prosecution, but no one had been instructed to appear
on behalf of the prisoner.
His lordship requested Mr. Herschel to undertake his
defence, and on his informing the prisoner that he had
done so, the latter replied, " Thank you, my lord."
The first witness yesterday was Ann blather, widow of
the murdered man. She described the facts connected
with her hearing the noise, arousing her husband, his
going into the kitchen, and his having a struggle with
some person there. She ran out and aroused the neigh-
bours ; was followed by a man who knocked her down, cut
her about the head and shoulders, and then ran away. The
prisoner was that man. It was a moonlight night. She saw
him distinctly, and noticed that he was without hat, shoes,
and coat. On returning to the house they found her hus-
band on the kitchen floor, his throat cut, and blood lying
all over the floor. There was • chest of drawers in the
kitchen, where the deceased kept his razor, but there were
no valuables in it. On the afternoon of the Sunday that
the murder was committed witness picked out the prisoner
from a crowd of other persons at the police-station.
In answer to questions by the learned judge, witness
said that nothing was stolen from the house, nor did she
find that anything had been made up to be taken away,
nor was there any appearance of a candle having been
lighted.
John Mort, a neighbour, described how he was awakened
by Mrs. blather's cties, his finding her in the road, and
the husband in the kitchen, welteneg in blood. He went
to St. Helen's for a doctor, but Mather in the meantime
expired.
Mary Mort deposed that when she entered the kitchen
and found blather he was not dead. He looked at her, but
could not speak. There was some moonlight, which par-
tially lighted the kitchen, and in the course of the evening
there had been a drizzling rain.
Thomas Whiteside, police-constable, stated that he was
at blather's house about half-past one o'clock on the morning
of the murder. blather had then been placed in bed. In
the kitchen witness found a razor ease, and in the back
garden he noticed footprints of some person without shoes.
He also discovered a pair of clogs outside. Footprints
were traced for some distance from the house in the direc-
tion of St. Helens. Outside the house he noticed marks
of • struggle.
Evidence was also adduced as to the prisoner being at
the York Hotel, and afterwards being seen about midnight
going in the direction of Greenleach.
Witnesses identified the clogs found in the garden as
those the prisoner had offered to exchange. The evidence
given also as to the hat was corroborative of the counsel's
opening.
The court here adjourned.
The first witness caUedto-day was Mr. Davenport, a sur-
"Ter, who produced • plan of the door in Mather's house,
and stated that the door could not be very easily opened
by those who did not understand its construction.
Police-sergeant Brown detailed the circumstances of
meeting the prisoner at Presoot, and arresting him in •
lodging-house there. . _ - --

S'upi;rintendent Fowler, of the St. Helen's police, stated
that when be took the prisoner into custody Smith told
him that he had been working at blanchesterfor 15 months,
and that on the previous day be bad tramped all the way
to St. Helens, that he went into a public-house at • place
called Oreenbank, where he drank four or five quarts of
ale ; end that be recollected nothing until 3 o'clock on
Sunday morning, when he found himself in a out at Green-
bank. The wristbands of the prisoner's shirt were
examined by the witness under • powerful magnifying
glass. One was wet and the other appeared as if it had
been washed. The prisoner upon this remarked " You
need not trouble yourself, as there is no blood, it is iron.
mould I got in the foundry." He was then told to take
his shirt off. This had a very extraordinary effect upon
him—he trembled, turned very pale, and staggered. One
of the oonstAbles caught him or he would have fallen to the
ground. He asked for • drink of water which was given
to him. On being asked " Why he shook so!" be said to
the officer, " You wouldahake too if you had as much drink
in you as I have had lately." Ills shirt was taken off and
some blood found on the back of it. He was afterwards
removed to St. Helens' where Mrs. Mather identified him.
The other evidence was for the moat part unimportant
except that it corroborated the facts already mentioned.
Mr. Tore, in summarising and commenting upon the
evidence, stated that there could be no doubt that a most
barbarous murder bad been committed with decided pre-
meditation, and that it was very nearly followed by •
second crime of the same magnitude. Some trifling por-
tions of the evidence might perhaps be open to doubt, but
the main facts were so clearly proved that the crime was
unmistakeably brought home tothe prisoner.
Mr. Herschel made a powerful and elaborate speech in
defence of the prisoner, arguing that there was no proof
that there had been any intention of either robbing
?dather's house or of murdering any of the inmates. He
minutely analysed and commented on the evidence, which
would not, he armed, justify the jury in convicting the
prisoner of the serious crime of murder.
After a lengthesummieg up by his lordship, greatly in
favour of the prisoner, the jury returned • verdict of
Not Guilty, and the prisoner was discharged.

MIDLAND CIRCIIIT.—Lzspe, Atrousr 24.
NISI Peru COCRT.—(Before Mr. Baron Piiiott.)

HEAVY CLAIN AGAINST AN INSURANCE COYCANT.

The class of Weems v. the Royal Insurance Company was
bead to-day before a special Jury. Mr. Overend, Q.C.,
Mr. Field, Q.C., and Mr. Wills for the plaintiff ; Mr.
Seymour, Q.C., Mr. Serjeant Tindal Atkinson, and Mr.
Campbell Foster for the defendants.
This wee an action on a policy of insurance against fire
for 19,91101. Mr. Overend, in opening the case, said it
would be • very long one indeed, for it would be necessary
to go into • great number of details, and he expected that
would occupy some days. The defendants said eve t•
claim of the plaintiff was fraudulently made. The learned
counsel was remarking upon the numerous items which
made up the total amount of the Insurance, when
The Judge said—What is the use of our following you
through such a body of figures as this?
Mr. Overend—What Dave so far mentioned is but a
very small sample.
The Judge—l dare say the longer we sit at it the
more enlightened we shall become; but is there not •
more practical way in which this ease can be dealt with?
Mr. Overend—lf the company would may, "We will
treat the question as one of claim only," and have it fully
investigated, and see whether it is the truth or not, there
is • more practical way. But if there is any charge
against my client, and they say he is guilty of fraud, I
will bare it fought out to the very last. We cannot refer
a question of fraud to a private arbitrator. My client
must meet it in the broad daylight before his fellow-towns-
men.

Mr. Seymour said the excess in the claims ranged from
40 or 50 per cent. to 500 per cent.
The Judge said no doubt fraud was a thing to be tried
before a jury, but the question wu whether there was any
real hope, after a very long inquiry into such a heap of
figures, that the result would be satisfactory.
Mr. Overend—l do not like dividing one part of the cue
from the other, _

place the Bingley books beside the Canipfield books, and
to compare them. lam sure the learned counsel are prac-
tical men, but is this practicable?
Mr. Field remarked that . whatever was due to the
plaintiff be was out of pocket.
The.ludge—lf we sit here until November then we shall
get a glimmer of light upon the matter.
His Lordship made some suggestions for referring the
questions analog on figures to an arbitrator, and then if
the defendants insisted upon their charge of fraud, for his
getting leave Of absence from his own court to try that
question hereafter in London • when
A consultation took place, Led it was agreed that a ver-
dict should be entered for the plaintiff for the amount
claimed—viz., 9,79 Bl.—subject to a reference to a gentle-
man who should have all the powers of a judge at Nisi
Prima, which will include power to decide the question of
fraud. The arbitrator to be agreed upon by the senior
counsel, or if they could not egrets by his lordship.

The Judge—Then I mutt engage a shorthand writer. I
think It never was intended that • judge at nisi prius
should go through ouch a masa of figures.
Mr. Overend—Withdraw the charge of fraud sadiet the
rest go to an arbitrator.
The Judge—The offices usually act with • degree of
liberality. For my part I always bear testimony to their
great liberality.
Mr. Seymour—This is • case in which the defendants
have a real and honest belief. Whether it is • mistaken
one is another question.
Mr. Overend—l think the action is not triable, but I
will not have the charge of fraud ,Lgainst my client tried
in a private room. I would not consent to it for myself,
and I will not consent to it for my client.
The Judge—l hope a shorthand writer will take • note
for me, and I must pay him myself. I must take a course
which has never been taken before, and I will take • sparse
note for myself. At the end of an assizes like this to be
expected to write down an account of everything that is
said about all these items and figures on the two sides is
most painful.
Mr. Overend then proceeded with his statement, which
was very lengthy and statistical.
Rik Lordship said that after what Mr. Overend had
stated he was surprised the defendants did not refer the
matter to arbitration.

Mr. Seymour said • great many facts cams to the know-
ledge of the company as the matter was investigated.
His Lordship—la there substantial ground few believing
the defendants will get a verdict after wavering so much in
their pleas!
Mr. Seymour thought he could explain that at the proper
time.

Mr. Newsome, the plaintiff's manager, wan under exa-
mination to prove the quantities and value of the various
kinds of rage which the plaintiff had in stock when the fire
took place, when
His Lordship asked him bow long it had taken him to
investigate the one item relating to assorted rags.
He replied that it had taken him three weeks.
The Judge—l never thought that I could do im 'bi-
fides, and when it has taken this person three weeks to go
through one only of the many branches of this inquiry, I
am quite careit is impossible for me to try this cause.
Mr. Seymour said, with regard to certain gooda brought
from Ansley, not until that hour, with all the efforts
they had made, have they been able to get an inventory of
the goods taken from Bingley. He must ask his lordship
whether it could be said that the plaintiff had supplied
the defendants with reasonable information.

The Judie—ltnegins the jury beiaiealled epos to