The Express.
London, England, 1867-04-01 00:00:00

THE EXPRESS, MONDAY EVENING, APRIL 1, 1867.

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livarttrig lE:denigrate.
FROM EPSOM TO NORTHAMPTON.

I ku by riamlit way erble•ti, in
wm. taken about him. Er ilsboiron
:it 11 tot. and 100 to b would It:
dune. Alopeinlmi are the cl,itnt

plegt, and In the end 10 to 1
I est olfered to be laid against
Lase been taken : little else was
; prices:
:PTUNSIIIRE STAKEi.

20 to 1•- Sytwe (t,
20 to 1 Eodaleish (t)
20 to 1 Scipin off
200 to V John Davis 't,
120 6. ti with
a 'tart. t(
1000 t 40 lisle:Weber 1.
100 to 6 with
a Mart, t
11 to 1 Mr. liniyley's
lot ;oft)

GREAT NORTILI.III
6 to apt Lecturer V
100 to Rona .t off,
100 to Harriette
(off
100 to Thomann (off
20 to Apsley tl,
2.0 to l'hlppeoliaro
,t,
20 to Dummy ,t)
20 to - Miley 4,
20 to Gilead V
20 to Salpinctes
EARL SPENCER'S PLATE.
. _ . •

100 to 7 agst CAapel Bowl t.
luo to 41 Ltou t,
1W to G Iltautamatt t:•

100 b U algid Bethynny
YO to 1 King 1.14,10 r
20 to 1 - gallant ,t;

TWO THOUSAND GUINEAS.
sto 2 apt Plaudit wit, t 3 l 10 to 1 agA Hermit 3)
to I, 40u to Sto 1 hermit. I. 2, 3.
200 with a a and w)
dart, t),

10 10 I ox 4 113011;1'

fll to 1 apt Estnurnel
1100 to 8)

THE UNIVERSITIES BOAT RACE.—SOIIIO thousands
of spectator. visited Putney on Saturday, and as both
crews were there, had an excellent opportunity of inform-
ing themselves of the truth of the various ridiculous re-
ports which have been going the round of the 'sensation-
loving papers as to the merits or demerits of either crew
and the individual members composing them ; and it is
scarcely necessary to add that the criticisms indulged
in have been of a very frivolous description. The Oxford
crew—who are, as usual, quartered at the White Lion—
took the water at 11.30, and paddling to Mortlake in com-
pany with Mr. Woodgate, their Mentor, rowed down at a
moderate pace to the Aqueduct. They confirmed the im-
pression previously created, that they were a powerful set
of men, hut the rowing was scarcely so clean as of late
years, and although there was great power in it there was
a perceptible dwell after each stroke, which necessarily
militated against the pace of the boat. The water was
for the most part rough, and the crew's greatest pace
was 34 strokes per minute. Cambridge reached Putney
at 12 o'clock, and put up, as usual, at Mrs. Baker's,
the Star and Garter. They launched their new boat,
built by Mr. Edward Searle, at three o'clock, and
paddled up to Barnes, whence they rowed on tho last
of the ebb down to Putney. They were timed at the
finish to be doing 32 and :(3 strokes per minute. They
were universally admired in their steady paddle over
the rough water, the wind having increased considerably,
and as their coxswain, on the return, took them in the
middle of the river, the spectators had a good opportu-
nity of judging how they rowed in the new water. They
acquitted themselves most creditably all the way through
their pull, and row more evenly, steadily, and longer and
higher than the generality of crews from the Cam.
Various speculations were indulged in on the towing path,
many thinking the Cautabs far too slow ; but they moved
the boat very fast, without so much violent exertion as we
have seen of late years. The Oxford crew went out for a
short paddle at 4.30. Both crews will be out raid-day on
Monday (this day).—lkfrs Life.
THE BRITISH REGATTA IN PAEI3 IN JULY', 1867. •
A regatta, open to all the world, will take place on the
Seine on July 9, and the four following days, under the
management of an influential committee, of v. hich the
Prince of Wales and the Duke of Edinburgh are members,
when various prizes will he competed for. Entries must be
made between the 15th of May and Saturday, the 15th of
June, 17967, inclusive, by letter addressed to the secretary
of the committee, Mr. Charles IVylle, Paris Exhibition,
South Kensington Museum, London, to whom all com-
munications should be addressed. The committee under-
take to convey from ti depot in or near London (to be here-
after named) to Paris and back again to London, any boat
duly entered fora race, and to provide a suitable pleas for
its custody and protection during the regatta, but they
will not be responsible for damage. Dreming-roouis will
be provided for the crews. On the 7th and tith July there
will also be races for rowing boats on the Seine under
French rules and management. An ocean race for yachts
will be announced hereafter.

Lino EntrilignUt.

ME:TROPOLITAN cOUITrY COURTS.

(Sittinir arkys aniul—n-ted Kr- pr--usen- —6—week.
Wairrumens, St. Ilk's-lane.—Tuesday, April 2; Wed-
nesday, 3 ; Thursday, 4.
litooisesrar, Portland-road.—Monday, April I.
\YAM:P.3%4 Rlll, South•grect.—Tuesday, April 2.
Suoasorrai. Old-street-road—Tuesday. April 2 ; Thursday, 4.
Bow, Bow-mid.—Mooilay. April 1. Friday, S.
LAMBETH, Camberwell New-road.—Tuesday, April 2; Wednes-
day. 3.
Orr or Luis x, April 1:
Friday, 6; Saturday, S.

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT. —LiviturooL,Aiwa 30.

Ntm Pruus Cot RT.-(Before Mr. Justice Shee.)

The came of Evans r. Forshaw occupied the attention of
the court for the entire day. The plaintiff, Mr. Charles
Evans, a surgeon, had been educated, and had taken
honours at the Queen's Univenity and College of Sur-
geons in Dublin, and had practised as surgeon in a poor-
law district and on a coastguard station. In December,
1863, he obtained the appointment of medical officer to
the establishment of Messrs. C. HorsfaLl and Sons, at
Benin, on the West African Coast. He arrived in Janu-
ary following, and was received by the defendant, who
was Messrs. Iforefall's manager, and the head of a large
establishment of Kroomen. For some time lie was well
treated by Mr. Forshaw, but differences arose, and at
length the situation became unbearable. The plaintiff was
served with insufficient food, which he was compelled to eat
in his bedroom, and in the presence of a naked and filthy
negress. The children of this woman were often washed in
the plaintiff's bedroom, greatly to his annoyance and dis-
comfort. He could net obtain any redress. The ill-feeling
between plaintiff and defendant arose, it was stated, in
consequence of the latter having taunted Mr. Evans with
his good luck at " loo," and having remarked that he
would be able to make more money in that way than by
his profession. Plaintiff next day expressed his annoy-
ance at this imputation, and said he would not
remain on the station to be thus insulted, and
asked leave to return. The defendant refused him leave,
and plaintiff therefore wrote to Messrs. Horsfall, to re-
quest them to grant it. In the meantime Mr. Forshaw
ordered the defendant to keep his bedroom, which was •
miserable apartment in • wooden shed, exposed to the
rain, and occupied as a bedroom also by two other persons.
Here the plaintiff was attacked by ague and fever, and he
asked Mr. Forshaw to supply him with arrowroot and
wine. He did receive the arrowroot, but the wine was de-
nied him. Occasionally the plaintift would take a walk
upon the beach for air and exercise ; but whenever he was
seen to do so by the defendant, the latter ordered him
back to his bedroom. Once he endeavoured to escape on
board a vessel bound to England, but the defendant came
on beard with a number of Kroo-men. removed his lug-
gage, and brought him back to the hut. He was treated
also with contumely in the serving of his dinners,
which were sent to him after the other employis
of the firm had. dined; and during his illness
be had frequently only salt beef and pork to
eat. Mr. Evans wrote to Commander Wilmot, then on
duty in the Bight of Benin (now superintendent of the
Deptford Dockyard), requesting him to investigate the
ease, and expressing his fears that the defendant, by keep-
ing him in the hut, had a design upon his life. At length,
through the influence and mediation of Commander 'Wil-
mot, he was enabled to return to this country, and he now
sought for compensation for the injuries he had sustained.
Learned counsel for the plaintiff contended that he had
been illegally detained iu his room, and that his health
had suffered seriously from the cruelty to which he had
been subjected, also that the plaintiff's clothes bad been
detained, and that he had been deprived of some speci-
mens of dried snakes which he had collected. During the
progress of the trial the plaintiff described the brutal
conduct of the defendant in lashing a black slave (the
brother of a native chief) who was to be sent down to
Bonny in order to escape being killed, in consequence of
having committed some crime. The poor fellow was
chained to a post for about 15 or 16 days, with a girdle
round his loins. He was handcuffed at first behind by
one of the firm, but afterwards his hands were brought to
the front by the plaintiff's directions. Notwithstanding
these precautions thenegroesmped two or three times, and
on the last occasion took some of the defendant's property
with him. Ho was secured, and by the direction of the
defendant was flogged daily with a leathern whip until he
disclosed bow he managed to undo the padlock and effect
his release. . . .

In answer to the learned counsel the defendant would
not undertake to swear how many dozen lashes were in
tlicted upon this man, but thought they might have ex-
ceeded three dozen. Could not swear he had received
' se many as seven dozen at once.
During this evidence his lordship expressed his horror
and disgust at the barbarous conduct of the defendant, and
also with respect to the immorality disclosed.
At the conclusion of the plaintiff's case, the Attorney-
General (Mr. Edward James, Q.C.) said he thought the
action would not lie against the defendant. He contended
' that it was not a false imprisonment when the defendant
was simply acting in the discharge of his duty to his em-
ployers..
Mr. Scrjeant Simon submitted that the refusal of the
defendant to allow plaintiff to return to England ought to
be taken in connexion with the relations of the parties.
It wee the exercise by a superior of a controlling authority
over an inferior officer which the latter could not resist.
The Attorney-General replied that his learned friend was
confounding the position of the defendant with that of a
civil or a military officer. Had the plaintiff chosen to
disobey all the orders given him in the proper discharge of
his duty be would have been guilty of a breach of con.
tribe, and the defendant would have had no right to order
him beyond that. No evidence had been given to show
that the plaintiff had been prevented leaving his room,
and it was beyond the power of the defendant to exercise
such power.
His lordship ruled that there was sufficient evidence of
false imprisonment to go to the jury, but said ho would
reserve the point for the court above if Mr. James desire
The defendant was then put into the box, and in .4111.C1
to questions by the court and the learned counsel, he

denied most strongly the majority of the statciuents wade
by the plsintiff.
- • - ••

'Sevens] witnesses were then called on belisff of the
defendant, the first being Commodore Wilmot, who had
been on the West African station, and had stayed for •
week at the house of the defendant, and the purport of
his evidence was that the plaintiff had been kindly treated
M Mr. Forshaw. As to the question of dogging negroes,
Commodore Wilmot said that it was impossible in those
parts to manage the negroes except by using very harsh
measures, and in acting as he had dune ,the defendant had
only acted as most persons in his position did in the
country,
ffir. James, Q.C., then addressed the jury for the defence.
At the conclusion of the defendant's ease the Attorney-
General again addressed the jury. He contended that the
defendant was not responsible for the supposed detention
of the plaintiff, and said that had he permitted the plain-
tiff to leave the coast he would have been justly and
reasonably chargeable with a neglect of duty by his em-
ployers. He then ridiculed the trumpery charge which
was made against the defendant of making away with the
'makes and detaining his clothes, and expressed his regret
that there should have occurred in this case a matter which
bad nothing to do with it, touching the flogging of the
negro on the coast. He said that people entertained vari-
ous notions with respect to flogging. Within the last few
weeks there hail been great discussions in our own House
of Commons upon the subject of flogging in the army, and
they knew well that that resolution, which was not car-
ried by a very large majority, had since been misted, and
that the government, at the instigation of the Commander-
in-Chief, had, notwithstanding the resolution, sanctioned
in effect the continuance of flogging under certain circum-
stances in the army. What his opinion was upon the sub-
ject was a matter of entire indifference. He did not offer
his opinion ; he was merely dealing with the case as it ap-
peared before them. If in the minds of those who were
more familiarwith soldiersin our own country—if officersin
the army and navy had strong feelings that for the purpose
of discipline it was necessary to use the lash—they might
be better judges than those who had not such experience,
and must he enabled to form • better judgment. Mut then
he knew this likewise, thatjwith respect to certain offences
which of late years had been too prevalent and which de-
served condign punishment, the lash had been
used in gaol from time to time, for the purpose
of deterring from the commission of crimes such as
garotting, those who otherwise might be induced to com-
mit them but for the fear of such punishment. So much,
therefore, for flogging. They were told it was a common
punishment on the west emelt of Africa, and that it was meant
to control those men who were in the same condition, it
might be, as soldiers in the army, and as hardened and as
difficult to deal with as the garotters in gaol, and whom it
was found impossible to dal with unless the lash was
used. He regretted that his lordship was so horribly im-
pressed with this fact, and that he allowed his warm feel-
ings and strong liumanityto prevail in thatoourt. He told
the jury that they must endeavour to control their feel-
ings in dealing with this case, so as not to allow a matter
which was in no way connected with the case to prejudice
their judgment. However horrible it might seem to some,
the defendant had not acted singularly or in opposition to
the practices of others ; he had adopted the course which
lie thought the most humane towards the negro in ques-
tion, who, as the jury would remember, was ordered to be
massacred for a petty larceny by the people of his own
nation.

-----
After a lengthy reply from Mr. Serjeant Simon.
His lordship summed up remarking that it was not
likely that the Messrs. Hoesfall would willingly have
exposed tho plaintiff to such scenes of profligacy— if they
be true—and of misconduct on the part of one of their
takers, as the plaiutitf said had taken place at their este-
bliabment in Benin. It was not to be expected that he
would live on terms of familiarity with a person who did
not live decently or uprightly. If the jury were of
opinion that the plaintiff was forcibly removed from the
ship and forced to return to the establishment. that would
be an imprisonment for which he would be entitled to main-
tain an action. The jury would further have determined
whether afterwards he was imprisoned in his own room.
With respect to the treatment to the negro, his lordship
said it wee to be regretted that many persona ap-
, peered to think, judging by their conduct, that what
wee abominable and inexcusable if done to a white man,
would not be so bail or so wicked, or so inexcusable if dons
to • negro. Still such was the fact, and knowing
that, it would be most wrong for the jury to give damages
to the plaintiff in the cause if they thought -him entitled
to a verdict, because the defendant was cruel to the
black man, as it did not therefore prove that he
was naturally a cruel man. With respect to the
woman known as " Mother Ebo," the plaintiff had
a perfect right to complain, and be was sure Messrs.
Horsfall—if the plaintiff's statement were true—would
think so likewise. The jury would remember that there
had been no denial of that; the plaintiff had not been
asked the question, probably because it you'd not be
denied.

The jury then deliberated for about • quarter of an
hour, and finally found for the plaintiff on the question of
false imprisonment, awarding bun Mi. damages.

Inaba ant; Military.

PORTS3IOUTH, MARCH 31.

The Minotaur, 26, iron screw frigate, one of the
largest iron ships in the service, is to be commissioned on
Tuesday by Captain James G. Goodenough. She is now
alongside the dockyard, shipping her guns.
The following ships are homeward bound from India
with troops, military invalids, or time-expired men :
The Winchester and the Rt. Lawrence left Calcutta on the
loth and 21st of January respectively, with the !Pith Re-
giment on board ; and the Beaumaris Castle on the 20th
December, with a portion of the 20th Regiment. The
Star of India left on the 21th December ; the Agamem-
non, from Bombay on the 6th January ; the Renown from
Bombay on the 19th January ; the Malabar, from Calcutta
on the 9th January: the Cospatrick and the Windsor
Castle, from Bombay on the 16th January ; the Shannon,
from Calcutta on the 10th January; and the Nile, from
Calcutta on the 28th of January.

ADMIRALTY, MARCH 29. —APrommeirrm. —Com-
wanders N. B. Smith, to the Victory, additional, far ser
vice in the Minotaur ; W. W. S. Bridges, to the Chanti-
cleer, ocmuniuioncd.
Lieutenant G. Bromley, to the Chanticleer.
Sub-Lieutenants F. Otto Powell and T. Bridges Lacy, to
the Chanticleer.

Masters H. Hosken, to the Chanticleer ; H. D. Shortt,
to the Maur; H. It. Harris and G. Stanley, additional, to
the Aboukir.

Master's Assistant G. J. H. M'Carthy, to the Chanticleer.
Paymaster W. Wallace, to the Chanticleer.

Assistant Paymasters C. F. Galan, supernumerary, to
the Royal Adelaide ; E. B. Pinang, to the Jumna ; A. F.
Gain, to the Asia; H. W. C. K Bateheler, to the
Euphrates; H. H. B. Andrews, to the Donegal; R. C.
Webb, to the Malabar ; F. P. Lyne, to the Britannia.

Midshipmen it. Balite, G. Lcekie, and F. Davies, to the
Chanticleer.
Clerk G. B. Collier to the Chanticleer.

ADMIRALTY, MARCH 30. APPOINTMENTS.—
COMMuntlen : F. W. Hallowes to the Argus, vice Hound,
invalided ; and Commander G. Parsons to be Inspecting
Commander in the Coast Guard, vice Bridges. Midship-
men :J. K. F. King to the Achilles, as supernumerary ;
and A. H. Baker to the Liverpool, as supernumerary.