The Express.
London, England, 1867-11-07 00:00:00

THE EXPRESS, THURSDAY EVENING, NOVEMBER 7, 1867

RAW was another "knotty" affair, as Whitworth, who
made all the running, sad came in tirst by o neck, was
objected to for having run inside PevrrAl flags st the tuns.
A tong Pomewhat noisy exanninttiort of the jockeys
followed., and from their evidence Lord Charles Ken dis-
qualified Whitworth, and awarded the stakes to Lady
Lincoln. who cane in second, but we believe a protest was
wade ..t the validity of the decietun. The Kent
ipet, .seihabe was won very easily by the favourite
(own sister to Hippie), and the vport concluded
wit_ . r. c ite.it for the Sttud Nate le•tu....r. lfiliy ;,nd
the tiret•nnuied winning in their neat spin. The
bad been mu promo:tett, that the deciding
heat ten off in the dusk of evening, the moon in
f liviitat risen, and a light being I,oi-teed to weigh
Cue p.o.ltes. tn. Detail, of the running are appended.
A M.. of sovs., 10 ft, I Ist ;lb each. Two miles of
the 50.., plechare Course.

r r ' LtOtard. I Tumbler—\crew,•. aced
. _

Mr •tir %Varoriek Lasa.And

4r. {n,rwnl

: to 4on Leotard. The nowtavounte made
14,4 I,: lite& nwre than a mile, when the in% ounce took
lip rannitri. and won by ten lengths.
Tt: K;.oAhri, a handicap of tOVN. each, 1 ft,
for all ages; the witinor to i.e sold for SO
- w::..ers extra. Nearly wren furlongs. (17 subs.)
oodmass, iiy 2yni.
I i•Lat I
ai..Ellarrg,S yrs, Dane . It.l'AnaoM
•Y, Variml,M, spa. Jut NAY,. et 3

24),1
lir l -

!r.

''''''''

Gre;arv. it 10lb, weiihed for Quirins. and the number
V Lot.ted, but inin.edottely taken down.
to 1 nst Variation, and ;; to I ea:h agst
and Elburg. The latter Geld a long lead to the
turn. aristion and Whitworth following alternately to
the het,' into the straight, where Woodman rushed to the
front ei0...e.1 in front of his horses, winnir• eventually
easily neck ; a length and a half iselau-atect the second
The winner was objected to fort cross, and
the obxetion remains in abeyance.

A 1...rit:1•LUi11.4411 PLATa handicap of 40 dors. ; win-
nets oxtra. About two es.
.1 Heber, by MIISCOVitie )IS.
114 GM 101 h cat,
31r 1, Triumpher, U yrs, 114 ...)16 I* our
31r .r.:. Kt,' It me, S yrs, lost alb
Tl. also ran :—Jassy, listybyany, mark mrso, (on.
1:a. • , V. • km 2 Yea,. sod
caluillus._ . _

Bt :ring : 2 to I apt Triumpher, 5 to 2 apt Helice, 5 to
1 asst C -afusion, and 14 to 1 apt Camillus. Triumpher
over the water jump, his immediate attendants being
Helice, Red Rose, and Jassy, Battliyany bring-
ing up the rear. They ran in this order over three fences,
where Red Ruse "cannoned" against Jai,sy, who ran out
of the coarse, and her Amble companion, Ltatthy.my. also
came t.• ;rief. getting rid of his jockey, and going on rider-
less. Tnumpher Intl till within three-quarters of a mile
of home, where Helios took up the running, closely fol-
lowed by tt,4 Rage and Triumpher, nothing else being now
left in the hunt. After clearing the last fence, Triumpher
v.nised Red Ruse, but although ridden home must deter-
min.lly by Mr. Hobson, he mould never get up, and Helios
won c.everly by three-quarters of a length. Rad Rose
tinie-01l six lengths in rear of the second ; Camillus WAS a
bad fot:rtit, Confusion fifth, Mack Swan gado, Jassy
set er.th, and Wedding Peal last.

Till SWIM I.ST ArtCNIN HANDIcAP of save. each, 2 ft,
with added ; winners extra. Nearly a mile aa.l a Milieu
the ::nt. 124 tuba.)
Mrcord's Residuary legatee, by Cavendish—Codicil, by
.tsnandsle, 3 yrs, est
Yr. 11. smiths hiebla, 5 yra,7st 71b H. Jack-.m
?Ir. IMmisl's Kismet, etre. 74 Sib car. Tat 711,... Marsh 3
The bilbiwing also raw—Leading Snit, Akicridt, Mischief,
hawks. Pesenaey. Isabella. and Gaiety.

Betting: 5 to 2 apt Barite, 3 to 1 apt Leading Suit.
r to 1 apt Puebla, i to 1 agst Residuary Legatee, and 10
to I apt Mischief. Immediately after starting I'uebla
took up the running, followed by Pakrita, Kismet, and
Residuary Legatee for a quarter of a mile, when Pakrita
dropped away, Residuary Legatee taking second place.
Rounding the last turn, Residuary Legatee drew up to
Puebla. and heading her at the distance won cleverly by
threelitirters of a length. Four lengths separated second
and third, a length third and fourth; Mischief was fifth,
Aldcroft sixth, and Gaiety next. Beaten off were
Isabella, Pakrita, and Pevenaey.

A SELLING HANDICAP HI.:111/11 RACE of 40 sore. ; the
winner to be sold for 50 son. About one mile a half,
over five flights of hurdles.
31r. tlifford'a Lady Unman, by Northern Lim oln—
Creeks. 3
ley'
94' III (Tory' 1
Mr. rt. ley a Roving Meld. 3 yrs, Oat 1211,.. l'AileAlT 2
Mr. C. Liners !Mir, 3 yrs. PM
Thevou.n,tng also ran :—Lythasn.Oldminater, Stilton. tountera
11.10. La Pique. Lord Craven, Yellow Uri, Lydia, igor,
Whitworth, and tlariauna.

Betting : 7 to 2 apt Yellow Girl, 4 to I apt Lady
Lincoln. ..3 to 1 apt Roving Maid, 10 to 1 each apt La
Piiue and Whitworth, and 100 to 8 each apt Oldminster,
linty, and Lord Craven. Several breaks away occurred
before a start could be effected, but when the liag was
lowered they got away in good order. After going a
couple of hundred yards Whitworth tonic up therunning,
Lady Lincoln, Roving Maid, Lord Craven, and Willy be;ng
his Immediate followers. Hounding the turn to the right
of the Stand. Whitworth took ajonglead,and althoughboth
Lady Lincoln and Roving Maid made determined efforts
to overhaul him in the last quarter of a mile, be won by a
neck:a head only separating the sOcoorlar.tlthird. Mill was
a bad fourth, Lord Craven fifth. Lydia sixth ; La Pique
and Countcse 8010 heading the others, who were whipped
in by ohlwinater and Lytham. The winner was objected
to for not going the correct course, and after Lord Charles
Kerr hail heard the evidence of the jockeys, Whitworth
was tli,q ualified, and the stakes awarded to Lady Lincoln,
who was old for 50 guineas to Mr. Ford.
THE KV:I OPEN HANDICAP STEEPLECHASE of 10 goys.
each, 2 ft, with Mt added ; winners extra. About three
wiles. (17 subs.)
Mr. E. clifford's Hippolyts, by King Tom—Daughter of
the Star, aged, net 10lb Mr. Hobson; I
%I T. Sheppard's Wade, 5 yrs, lOst sib Owner)
Mr. &aria Northern Light th.b.„ a yes, list 41b
;Lord C. Kerr, 3
I:Morton and Milford also ran.
„ .

,
Betting : 6 to 4 agst Hippnlyte, 2 to 1 agst Milford, and
6to I tipt any other. The favourite immediately eter
starting took up the running, and maintaining his lead
throughout he won in a canter by two lengths from Wade,
who tusislied half-a-dozen lengths in front of Northern
Light. Bishopton was a bad fourth, Milford, after
going once round, and when running remarkably well, blun-
dered at a fence, and came down heavily, Ellison fortu-
nately escaping with a severe shaking.

THY! STAND PLATE of 40 IIoVIL, for all ages; for
age; selling and other allowances. About 6 furlongs.
Mr. i'. Mewl:ogle—Fortuna, 3yrs Mandl el
Mr. Semis Vicious, 3 yrs
➢lr. styrene* Laura, 3 yrs
The following she run :—Yeeruy, Tloadaus. Greenwich, and
Pluehe.

Betting : 6 to 4 apt Laura, 7 to 4 apt Fanny, and 4 to
1 each apt Vicious and Milly. The two hut-mentioned
ran in front throughout, an exciting finish ending in a
dead heat, Laura finishing a neck in their rear, Green-
wich, close up. was fourth, Feeniy fifth, and Phoebe lest.
Deciding Heat.—Betting : 6 to 4 on 'Vicious. The non-
favourite wade all the running, and won in a canter
by six lengths.
BETTING IN LONDON.—WEDNESDAY.

The business transacted to-day was of a limited extent.
Both the favourites were well supported at 6 to 1 each,
and The Peer held his own at lot) to 12. The principal
features of the day were the backing of Ackworth at a
comparatively short price, and an increased demand for
Jockey. Prices as follows :

THE FOUL krurs IN DEVONSHIRE.
(Front the ;neer. .111.rtieng N.,. of yesterday.)

X ETER.

The importance of the rioting at Exeter on Mon-
day evening was not at all under-estimated in our tele-
graphic account published yesterday, though from later
and wore complete inquiry it is satisfactory to be able to
state that the alleged tire at Mr. Troiala mills was a false
alarm. unadvisedly raised by a young man of Exeter, who
now alleges that he had hoped by that means to draw
away the crowd from that city. On the arrival of the
two engines, each drawn by four horses, the astonished
Mr. Tread was sitting quietly in his parlour smoking his
pipe. The departure of the engines was believed at the
time by the mob, who were then in the midst of their ex-
cesses, to hes ruse to draw them off, and as they were driven
clown Fore-street-hill the firemen were hooted. In the
early stage of the not the youths iu the crowd contented
themselves with throwing squaw among the police, who
were totally unable to deal with the crowd which had
congregated. Mr. Dann's shutters having been shut, stones
were thrown at the upper windows, and then the mob
proceeded up the street, attacking shop after shop. The
police, finding it impossible to put down the disturbance,
decided to watch the course of events and endeavour to
discover the ringleaders, aril they made several attempts
to arrest some of those who were more actively engaged in
leading the rioters ; but the persons they secured were
afterwards rescued. The mob was formed principally of
youths; but there were many men and some women
amongst them. With threatening outcries against the
butchers and bakers, they proceeded from Bridge-
street into West quarter, and in succession through
the most frequented streets in the city, occasionally
stopping to smash the windows of almost every baker and
butcher. At Mr. Holcombe's, in Market-street, the win-
dows were smashed, and water thrown upon the mob from
the upper windows. Exasperated by this treatment, they
tare down the shutters, smashed in the shoe front, and
entered the shop. Some of the party stole about Is. from
the till, and took out two sacks of flour, which they threw
about the policemen, and scattered about the road. The
city police occupied the streets until the arrival of the
military, about 2 a.ni., by which time comparative pace
was restored. Yesterday the troops were drawn up in High-
street in front of the Guildhall, where the magistrates
were in attendance for the purpose of sw, acing special con-
stables, which continued throughout the day. Many of the
volunteers have tendered their services. Altogether, with
the military, about a thousand men were enrolled for the
protection of the peace of the city. The rioters who were
apprehended were yesterday brought before Messrs. H.
&riders, H. T. Head, J. Demerit], W. Kendall, F. Frank-
lin, W. H. Geachsias, and W. Tombs ; their names are
Charles Pelmet], James Cowley, William Humphries,
John Cleave, William Gale, and Nicholas Ayres. Evi-
dence was given of their acting in concert; one of them hail
a pistol and ammunition in his possession. Cleave and
Humphries were dismissed with a caution, but the other
prisoners were remanded. In pursuance of the arrange-
ments in the evening the entrances to the cathedral
yard were all barricaded, the military were kept
in readiness at the Guildhall, and special con-
stables were told off in strong bodies to different
parts of the city. In the cathedralyard up
to six o'clock there hail been no disturbance beyond a
few boys having let off fireworks. A body of police be-
longing to the city and county force were stationed at Exe-
bridge. At 7 o'clock the excitement in the city had in-
creased, and a crowd was fast gathering in the Cathedral-
yard, to which place a strong body of special constables
was despatched. At 9 o'clock the rioting had again com-
menced, and several captures were effected, the prisoners
being conveyed to the Guildhall amid groans and shouts
from the mob ; but no attempt in the fax of the powerful
force at the disposal of the authorities was made to rescue
them, and the notes were unsupported by the party known
as " Young Exeter," owing to the lawless proceediugs of the
preceding evening. The Mayor continued at his post during
the whole of the night. Between 9 and 10 he led the
military into the Cathedral-yard, by Broadgate, round
and back by St. Martin's-lane, while the Yeomanry
Cavalry with drawn swords went down High-street and
North-street, followed by roughs, who yelled and hissed at
them. At ten it was hoped the crisis was past, but the
streets continued impassable, and fireworks were occa-
sionally let off in various parts of the city. By electric
telegraph we learn that at one o'clock the streets had
become less crowded, and many of the soldiers had been
dismissed. In the Cathedral-yard no attempt was made
to interfere with "Young Exeter," who bail their own
way, and they lit a small bonfire from wood obtained near
at hand. A disturbance occurred at the Exe-bridge, and
the rioters were charged by the military. No attempts
were being made to stop the fireworks in the Cathedral-
yard, but anything like rioting was at once put down, the
authorities being anxious to prevent a fresh outbreak of
violence. There were many roughs about the streets, and
more arrests were made.

the cowardly act of one of the 7.ang in Striking one of the
reporters when on the ground with a louled instrument
was so far resented by the snob as to prevent farther inter-
fercnce. A telegram at nii•lniliht report* that nowise;
serious had occured up to that now.

lib) intelligence.
couiZT OF QUEEN'S BENCIL—Nor. 6.

Sittings in Lanco.—(Before the Lord Chief Justice and Mr.
Justice Lush.)
DAVIDSON r. NOLININIX.

Mr. Morgan Howard said this was an action for damages
against the sheriff of Surrey for false imprisonment, in
which judgment went by default. A jury was summoned
before the Under Sheriff, when they assessed the damages
at 250 guineas. Application was afterwards made to Mr.
Justice Blackburn at chambers, who stayed execution in
order that the defendant might move this court for a rule
to set aside the proceedings, and a new trial had, on the
ground that the damages were excessive. The plaintiff.
Mr. Charles Davidson, is a member of the equity bar, and
resides at Sytlenhani-hill. A writ of ne exeat regno had
been issued out of Chancery against Mr. Gilbert Davidson,
which was entrusted to the sheriff of Surrey for execution.
The defendant had been or was living in the neighbour.
hood of the plaintiff's residence. The writ was banded to
the sheriff's officer, with an urgent request that it should
be executed the same day, and notwithstanding the remon •
strancea of the officer the attorney's clerk insisted upon it
being done. Acconlingly they went to the plaintiff's resi-
dence so late as 10 o'clock. saw him, and the attorney's clerk
insisted upon hi.' being arrested. Mr. Davidson protested
against it, said he was not the party, and knew nothing of
the matter. The attorney, clerk persisted that be was, and
produced a photograph of a gentleman resembling the
plaintiff. The plaintiff was ultimately conveyed in his
own carriage to the residence of the chief officer of the
sheriff in the borough, where he was treated with every
kindness and consideration. It appeared that the chancery
proceeding' arose out of an action for breach of promise,
and at 12 o'clock at night the lady was brought to the
house to identify Mr. Davidson, hut immediately on seeing
him she exclaimed, " Oh dear, this is not the particular
gentleman I want." (Laughter.) Thereupon Mr. David-
son, after having been locked up two hours, was set at
liberty. Mr. Coleridge, Q.C., who appeared for the
plaintiff, by his persuasive
eloquence induced the jury to
give Mr. Davidson 250 guineas for his two hours' imprison-
ment and the inconvenience he had been put to. He
(Mr. Morgan Howard) now moved to reduce that amount.

The Lord Chief Justice said the learned counsel might
here a rule. He bad no doubt the damages appeared ex-
cessive to Mr. Davidson as they did to the court.
Rule granted.

?MOCKS r. prmesTcry.

Mr. Waddv said this was an action tried at Leeds before
Mr. Baron Pigott, when the jury returned a verdict for
the plaintiff, damages 751. He now moved, pursuant to
leave reserved and also on the ground that the verdict was
against evidence, for a rule to set the verdict aside, and
for a new trial. The declaration was for personal in-
juries alleged to have been sustained by the plaintiff at
the works of the defendant, who is a manufacturer
at Birstal having very large works with steam-power.
Stocks was a labourer, employed by a person named Cad-
man, a bricklayer, who was engaged in making altera-
tions to a wall on the defendant's premises. A man
named Rouse, a plumber, was called in by the defendant
to effect an alteration in a steam-pipe connected with the
boiler. The defendant, in the presence of Harry, the fire-
man, eked Rouse if thealteration could be made with safety
whilst the steam was in the box, and he replied that
it could ; thereupon the defendant ordered the work
to be done as soon as possible. Two or three days after,
when the defendant was absent, Rouse attempted to make
the repairs, and in doing so the steam pipe broke in the
wrong place, and the steam rushed out and severely scalded
the plaintiff. It was contended by Mr. Seymour, Q.C., at
the trial, that the defendant was not responsible, princi-
pally on the ground that the accident happened from
the default of a contractor fur whom he was in no wise
answerable.

The Lord Chief Justice said the question was whether
a gentleman who called in a tradesman, a plumber, to
do something to his water•pipes, was liable for his default.
Mr. Waddy—Precisely so.
Mr. Manisty, who was on the other side, however, con-
tended that the defendant, having first taken the opinion
of Rouse as to the safety of the work, and ordered it to be
done, showed a sufficient active intervention to make
him liable.

The Lord Chief Justice said a person most take care
that he employed a competent person to execute dangerous
work. There was sufficient doubt about this case to have
it further considered.

Rule granted:

BAIL COURT.—Nov. 6.

Sittings at Nisi Prius at Westminster.—(Before Mr.
Justice Shee and a Common Jury.)

DARBY r. REALER AND OTHERS-THE REFORM LEAGUE AND
THE SECRETARY OF THE NEW REFORM CLUB.

This was an action brought against Messrs. Edmond
Beales, Edwin Lankester, A. Orden, H. John Hunter,
Charles Sturgeon, Edward White, C. W. Byrne, and
Lieut.-Colonel Lothian Sheffield Dickson, and the declara-
tion stated that the defendants, who were members of the
intendee new Reform Club, in May, 1860, engaged the
plaintiff, at a salary of 3001. per annum, as secretary to
the mid club, conditionally, vu., that if the attempt to
establish the club failed and should be absndo'ed, the
plaintiff should not be entitled to any remuneration for
his service., but that if 200 persons contented to become
members of the club it should be taken as established,
and the plaintiff entitled to remuneration. The club, the
plaintiff alleged. had been ao established, yet the de-
fendants wrongly dismissed him, and refused to remu-
nerate him. The defendants pleaded • number of
pleas, the principal being a denial of the agreement as
alleged by the plaintiff—a denial of the breaches—that
the club was not established—that the plaintiff made
fraudulent representations.
Mr. Powell, Q.C. (in the absence of Mr. Digby Seymour,
Q.C., now engaged in the Fenian trials at Manchester).
and Mr. Butler Rigby, were counsel for the plaintiff. Mr.
Quoin, Q.C., and Mr. Crompton, were counsel for Beales,
Lankester, Hunter, and Dickson ; and Mr. M. Chambers,
Q.C.. and Mr. Francis, for Sturgeon. The other defendants
had allowed judgment to go by default.
- -

Mr. Powell, in opening the plaintiffscase, said he was a
gentleman who had conceived the ides that as the Reform
Club was too full, there was a very excellent opportunity
of establishing a New Reform Club, and he made a sugges-
tion to the defendants that it would be very desirable to
establish one. A meeting took place between the parties,
when it was determined there should be a new club, with
the plaintiff as secretary. A few months afterwards an
application was made to the plaintiff to withdraw from
the undertaking, to which he assented on consideration
that he should be paid his first year's salary. Sub.
sequently a resolution was communicated to him
stating that the committee, having taken his con-
duct into consideration, had resolved that he should
no longer continue to act as secretary ; that he
should cease to be so, but that they would present him
with a gratuity of WI. in addition to such money as he
might have paid out of pocket in connection with the
attempted establishment of the club. The plaintiff de-
clined to accept the terms offered, and accordingly pro-
ceedings were taken which had resulted in the present
action. Fifteen pleas had been placed on the record, the
principal one of which charged the plaintiff with fraud,
but he should be able to prove there was not the slightest
foundation for such a charge.
The plaintiff deposed—ln the early part of 1866, having
conceived the ides of starting a new reform club, I com
munioated it to the defendants. On the 7th of May there
was a meeting at which all the defendants were present,
when a resolution was passed appointing me secretary at
an annual salary of 3001., provided 200 members could be
obtained within three months, in which case the club was
to be considered as formed and established, but that if
that number was not obtained within that time I
was not to receive any remuneration. On the
22nd of June another meeting was held, at which
it was resolved that rules similar to those
in use at the Reform Club should be adopted. According
to instructions I wrote to numerous persons, and on the
22nd June 81 members were announced and admitted, and
9 others on the 29th of the same month. On the 4th of
July 10 members were admitted. About this time Mr.
Sturgeon resigned. 11 members were admitted on the 10th,
and on the 17th a committee was appointed to audit the
ac-munts and report. Between that time aad the 14th
August 46 members were admitted. On the 2lattbree mem-
bers were admitted, and a cheque for 10/. was drawn to
pay expenses. An advertisement was inserted in the
papers on the 24th August stating that the annual sub-
scription of seven guinea should include the year 1867,
and 29 members were admitted. On the 17th September
a meeting was held, at which it was resolved that it should
he referred to a special committee to take into considera-
tion the present circumstances of the club, and the con-
tinuance of Mr. Darby in the office of secretary. The
committee reported that 43 members had paid 768/. lie.,
and they suggested that 200/. should be paid to
the secretary at the end of the year, if the
club ehould be a success. No complaint bad
been made against me up to the 20th September,
and up to that time I had attended daily at the office of
the club, first in Jermyn-street, and afterwards in Sack-
villystreet. On that day I had an interview with Mr. James
Beal, Colonel Dickson, and others, who renuested me to
take the books and papers to Sheen and Roscoe's. Mr.
Beal told me the committee had consented to pay are 288/.
for expenses, and 3001. for salary. Messrs. Sheen and
Roscoe said they had no doubt the committee would agree
to the terms, and if I would call the next day they would
give me a letter to that effect. Colonel Dickson told Mr.
Sheen that the terms were satisfactory. On the 28th Sept.
I received • letter from Mr. Beal as hon, secretary, en.
closing a resolution that I should cease to act as secretary
of the club, and that I was to consider that I bad no claim
on them, but that I should be repaid the 2881. I had paid
on account of the club, less any money I bad received for
the club, together with • gratuity of 50/. I have received
no money whatever from the committee. The disburse-
ments which have been audited by the finance committee
runounted to MI.

The further hearing of the awe was then adjourned.