The Express.
London, England, 1859-11-15 00:00:00

IN TIM MATT= OF =WARD DAVINN.-11ITING IN

This fasolesat, dowsibsd as oocaskonsily " betting in the
tart," who was is prism, was opposed by Mr. Be►good in
Moo pet of a pews named Thomas Newoome, who was
shied to be a " lisiSsr !lathe nut"

Mr, 15otie• supportedlto
laid
for
In May h the at insolvent • bet of 71. ITU. with
Newsome at his "place of boohoos," es it was termed, in
Bride.laae, on Defender, for the Chester Cap. The bet was
made on the day the horse was to ran. Dahader woe
" scratched" on the day of the race, and oa the nest day the
insolvent applied to Newsome to return hie mossy, which
he refused, and on a second refuel on the mate day aat sessalt
took place by the heaving, for which Newoome 6ewght ea
mace in the Court of Exchequer, laying the damages at
2001. The jury awarded SOL as damages, and the wets had
boss tared at 601.4., 6d., and for both same the Insolvent
had been taken in mouton at the salt of Nemome,whonow
op him application for discharge.
rose4question now raised in order to brim the caw within
the act of parliament (1 and 2 Viet., cap. 110) was that the
assault was of ••• malicious" chewier. It appeared from the
evidence of Newnan that the insolvent asked him M the
money, as the horse was ° scratched '• at the time be made
the bat. Ho told hint he weld mot ahead to !dm then• and
M went away. Is Mont an hour be re,urned, when New-
earns told him that he did not oSolelly know when the bores
wee scratched, sad he was tam tolled to the gronad by the
Insolvent, as men by several persons. when he ease to his
sweet he was in the Panda Tavern, and the leadlady, Mrs.
Bowie, wee washing the blood from hie hos. He stated that
the bet wee made with him about 12 dohs*, and the woe
was about half-pest 3 o'clock. Ho received the " times" of
the scratching when be wee at the Peach Tavern Whim his
dinner. Awardim to enema a bet made on • hone scratched
on the same day as the rem took pleas was not to to returned,
and when he made the bet with the insolvent he did not
know the horse had been " scratched." He was very mach
iajored, ad obliged to have medical advice.
Oa cromematteation • good deal was salted about Bride.
lane. Newtons said there mod to be • good may persons
meeting there, bat rely • ben now. They had all gone to
Hyde-wk.
Mr. Dowse said tbe polies had made It very uncomfortable
for the sporting genthessa, who were obliged to " move at."
Dr. Owen Here doseribed the injuries Nawoome had re.
Whorl. Ho we. very unwell, end he had to attend him shoat
three weeks. TM Marge was 16 or 16 'ohm.
From the 12001•111 tell examination it appeared that in 1868
the tosolveat came from India, where ha had sold same horns,
having been to Australia. He received about 6001., sad bad
about 4031. when ha come to England, in August, 1858. He
bad very little left In May last. He asked the insolvent for
the 71. back, se the hone was scratched two hours before he
made the bet. It was meal to return money under inch
circumstances, sad he had seen money returned. Ho said
Newsome load " aggravated him by putting up his meghas
when he salted foe the money, and by lifting up hh head to
push him away. He also mated that he arrived at the trial
too late and the ma was nearly over when ha got into court.
Mr. Bsrgood submitted that the evidence proved the assault
to have hem malicious," and therefore prayed foe • judg-
ment.

Mr. Dowse coateaded that the ineolvest wee entitled to
the matey, as he believed, sad the refusal had irritated him,
which be struck the blow.

The Chief Commissioner said no wittier had been called
except the parties themselves to show who was entitled to the
society. There had hem an outrageous assault, and it way
ridiculous to suppose that a nun, bemuse be refused to re-
turn a sum of money, was to be kneeled about in the menace
described. The insolvent mom either pay in purse or person,
and be would allow an sellournsmot to compromise.

Tin insolvent and be had no messy. Newsome had bad
about 20W. or 30W. of him slaw be came to England.

The learned Coonnieeloaer told the insolvent he raw!
take the coneequeoce of he aim violence. He ordered the
.it case to be owned. . .

Tee Insolvent wassn brequently sworn to the schedule.
The ootirt gave • judgment of seven calendar month' from
the vesting order on the 13th of October for the dam►ges
awarded in the adios.