The Express.
London, England, 1868-03-09 00:00:00

COURT OF QUEEN'S BENCH.

After Term Nisi Prima £littizigs et Guildhan.—(Before
the Lord Chief Justice sad a Special Jury.)

FAI.I.ER r. 8111TH.-THE CHAMPIONSHIP OF rill THAMES.

-
This was the day appointed for the adjourned bearing
of this ease, and has lordship took his seat on the beach
stout half-put 10 o'clock. The interest in the eau
had rather increased than abated, for long before the open-
ing of the court a great crowd bad assembled in Guild-
hall-yard, and around the doors of the court, and when
the case was resumed the court was well filled. The
action, it will be remembered, was brought by Sadler
against Mr. Smith, the proprietor of the Sportsman, the
stakeholder in the match between him and Kelley for
the championship of the Thames, to recover back his
,take., which Sadler's friends contended had been wrong-
iully paid to Kelley.
Mr. Hawkins, Q.C., Mr. Eyre Lloyd, and Mr. Brick-
*oat, were counsel for the plaintiff ; Mr. Serjeant Ballan-
tine, Mr. Garth, Q C. and Mr. Saunderson Tennant were
counsel for the defendant.
Mr. Serjeant Ballantine said his learned friend (Mr.
Ilawkinal had made a communication to him, and he need
hardly my he wished the suggestion to be adopted.
The Lord Chief Justice said quite so. He understood
that a juryman had expressed a wish to be relieved from
wrcing longer on the jury from hie having heard a great
of the transaction out of doom. That gentleman he
saa informal had made such a communication to one of
t he learned counsel.

Mr. Hawkins said his learned friend Mr. Henry James,
v h., was in the ease, was present ott the former day, and
made the communication to him by.letter. The jury.
referred to was the one who bad some conversation
AVIr. James.
A juryman (the gentleman alluded to) said he had not
t•avensed about the matter, His business had gre
atlyNull his astendftnoe. . that day be should lose
I.tareen 201. and 30/., and the sooner the case was
t :01e•I the better be should be pleased.
The cwe then proceeded with the full number of jury-
The first witness called was

Mr. C. Bush, who acted as Kelley's umpire—He do-
! :hat be was on board the umpire's boat ; Kelley took
hi• proper position on the Middlesex aide. Sadler went
to Kelly and persistently kept the nose of his boat
poiliteil towards the Middlesex shore. A start could not be
w..rh• whilst the boats were in that position. It continued
• aly half an hour. Sadler probably shifted his boat once,
hat he went back again to his old position, and Kelley had
no chance of a fair start. There was nothing done by Kelley
pfreeet a start. On witnese's application to the re-
re, the umpires boat was pat back, and when she had
I.acked some way Sadler went to his cutter, put on a
.1,1.1 or Otiernsey, turned his boat round, left his sta-
ll..ft .111.1 rowed down the river. He then lost sight of him.

The Lord Chief Justice remarked that there bad been
Cr+S-eXADlinlltioo of the plaintiff and his witnesses on
ll...email, points.
Wittwas Sadler having left Kelley rowed to the referee's
h.tt. and amid. "What am I to do I can't get Bul-
1, to start." Mr. Biffin replied, "Row down end
tad Smiler that you are come down to start, and
hr. will not start, row over the amine."
Kelley then rowed towards the aqueduct, and the head
,?',older',. host Wall then down the river. It was impos-
-0.1, for him to bear what passed, if anything, between
h..lley And Sadler. The latter did not make the slightest
aut•iapt to start or move from his position ; Kelley rounded
rett, r, waited a sufficient time—about • minute—and
te.l :Ind rowed over the course.

liawitine7When Kelley got
take the referee awarded him the stakes at
,ti t waiting for Sadler!
s. - Yrs, certainly, because he wasentited to them.
Lord Chief Justice—That is for the jury and not for
• determine.

'11;l: .it;;enger, Sadler's referee, objected to the
. king paid over to Kelley. Most of the steamboats
.Iw.ttl of the men before the time of starting—there
,t It ore been one or two behind them. When Kelley
.t. .1 to row over the water was much disturbed by the
..tton of the steamers.
lie Lord Chief Justice—You would not have started
men for a race io such water?

tt'ttaeu- To. It would only have required a few
..:sent, for the water to get smooth to effect a fair
It. There was no attempt made to clear the river
get the water smooth before ordering Kelley to row
~,:• If Sadler had shown any attempt to oome to the
time would have been given to clear the water and
•i• .ouuotb. _ _

Justioe—Assuming that Sadler was
ollatig to start, was the water in such a condition as that
t h tr.° men could have started?

time ss- At the moment Kelley started to row over it
a Ile did not consider that Sadler was within
tle• .t.irting distance when Kelley started to row over.
The Lon' Chief Justice—AUthe quarrels and oonfuaion
tbit generally take place at these races are coosaioned by
U.. hurrying to take up planes which they ought
tot. :mil probably these disputes will continue until effec.
hid Ha .ins are taken to prevent it. (Slight applause,
aha b was immediately suppressed.)
Wituess—Tbe men ought to have started from the
aldle. between the aqueduct and the steamboat pier.
tt hell Kelley bad come back Sadler bad drifted above the
Kelley did nos go close to Sadler when he
:vim,' from the referees beat; he only saw one attempt
start ; the referee was not in a better position
Is the boat to see than witness what pared ; he
..ale no complaint to M , Hoak?' umpire, but he
"idin his hearing that he could distinctly see that Sadler
did not intend to row. When Mr. Biflin awarded the
stakes Messenger said he objected, and walked away. He
.eemed ashamed of Sadler's conduct.
Mr. Hawkins—You don't seem to take much interest in
:his case.

11 itness—Yes, I do. (Laughter.)
Mr. Hawkins—Then it is my mistake—Have you any
ivts on the mos?
Witness—A few.
Mr. liswkins—To what amount!

\t'itness—Probably 1,0001. Did not hear it said to the
referee that Sadler had put on his thick Jersey. Kelley
sadder had put on his things and rowed away. He
(veld not recollect if there was anything to have megaton'
tLr umpire's boat going to Sadler.
Mr. Hawkins—Banda your bets you found the money
`,l Kelley?
itness —Not all of it. A good deal of it.
Mr. Hawkins—And you are Mr. Smith's security for the
0.,•-t, of this action'
Witness—Yes.

e—Then in reality this is your action ?
Witness—Yon may nal it so.
Mr. Hawkins—Then I will. (Laughter.)
1:-)-camined—When 'fuller put on his Jersey and
towards the aqueduct the river was is a fit state
f..) fair start. There was time to clear the river from
LI state of the tide to get the water smooth to ran the

The Lord Chief Justice—Can you give me any reason
referee left it to one of the interested parties to
his order to Sadler inateed of doing it himself ?
2141—Because Sadler had left his station. . .

.11111:rd Chief Justice—But ;Iy-12;i—co-on; tmicate it
instead of leaving_ it to another and chance
wk, ther it would be faithfully communicated
Witnro—None other than he had given. It "ossible for the referee to get to Sadler, because, the
',lel, had attempted it Sadler might have rowed to
lt...Nhworth. He did not think that Sadler was within
tb limits of the starting point at that time.
,Jli. Wornihold, an Oxford man, and aquatic editor of
the S,oorataa and the Sporting °trete, deposed that he
...le "...era false attempts to start. They each made two
ttempu. There was no reams why the start should not
taken place. Sadler was 27 wunutes absent from his

The Hon. G. Denman, 9.C., vs. vary well acquainted
With rowing. I was president of the Thames Sutscrip•

THE

ties Rowing Chilinatil this year. The mezolagc4
awirusidlsuf-tinwm-f unisntsnd 4. be s MOOS. be sewed
between's, swelless, sad dewed without fouling tress end
to end. It involves • enso—wildi the tide. In feet
no boat would row • seas sesivel tide. The roses.
sired rules of beet ruing souk', I think, be gess.
rally understood to mean on fiseffinmes— the rules of boat
ruing, so far as they are applieshie, whit& wee, settled by
• committee of the two unbundling, aid which have been
used at Henley respitta sod the Thames spas fee
several years past. The referee, sooording to the usual
understanding, would have jededietion ever the starting
as wall as the rase.

Mr. Hawkise objected to that evidence.
The Lord Chief Joatice—There is a nowt essential dif-
ference between a nee where the start is to be by s darter
and the starting is part sr the race, and a race where the
competitors start klasavas..... . . . .

Mr. i3ergeant BaDentine. —Wool.' • referee have jurisdic-
tion in matters taking police at the starting se well u in
matters taking place after ?
Mr. Hawkins objeded.
The Lord Chici Justine—Yoe must qualify the ques-
tion. Do you pot it according to the roles where there is
• starter or a rate, where that role does not apply ?
Mr. Denman—ln • gentlemen's race the stoner is the
sole judge of the starling.
The Lord Chief Justice—That is, the moment he says
"start,' that is enough, and if • sun chooses to remain
behind nevertheless the race is run? _ _

Mr. Denman—According to the recoguired rules of boat-
racing, the referee has absolute authority over the start,
if he is in a position to judge between the parties. If he
sees one man shirking be might certainly do what he
chows to order in the matter. I have only been
referee in amateur boat-races. It would be the duty of
the referee to take the opinion of the starter where there
was a starter. It the referee had an opportunity of seeing
that a man deliberately threw away Ids opportunity of
starting he might tell the other man to row over.
The Lord Chief Justice—But if he cannot see what
they are doing is it fair for him to sat on en es parte state-
meat ?

Denman—No. I =sow that question more on
less] principles. If I had been reform, sad had formed the
conclusion from my own view that time was waning sway,
and that one man was deliberately the mos. this
probably I should not be commis* in th• Mho' to
row over.

The Lord Chief Jitstioe—You would inflict it u •
penalty
Mr. Denman—l should be guided as to whether there was
a chance of hawing a rue.
The Lord Chief Juatioe—Do you think a referee would
be justified in telling one man to row over without giving
notice to the other?

Denman—lf it was asoomary to have the wager dis-
posed of that tide.
Mr. Wood deposed that Kelley, by calling loud, might
have communicated with Sadler.
Mr. John Ireland deposed that the " recognised rules of
boat racing" only applied to fooling in watermen's races.
It is the referee's business to see there is a fair start. If
a man refused to start it would be the referee's duty to
start the men ; he would take upon himself the race of
starter.

The Lord Chief Justice—Have you ever known such a
thing done?
Mr. Ireland—Never.
Mr. Garth—U a man won't start, what is then the re-
feree's duty?
Mr. Ireland--Go hsm4s, I should think. (Laughter.) I
was on board the Warrior.

The Lord Chief Justice—She set the laudable example
of keeping bebindthe men ?
Mr. Ireland—Quite so. Sadler left his cutter and kept
close to Kelley, so as to prevent a fair start
Mr. Bryant, president of the West London Rowing Club,
was called to prove that Kelley could not have a fair start.
Mr. B. Mitchell, amateur champion of the Thames
since 1865, and a rower at Oxford and London, said a fair
start could not be effected when Sadler made the attempts.
Mr. Wm. Henry Ban, the referee, said Kelley's umpire
applied to me to start the men. Whilst Mr. Bush was
appealing to me Sadler rowed to his cutter. The steam-
boat was backed, and then I saw Sadler row towards the
aqueduct. When Kelley came up to the steamboat he
said, " We shan't start to-night." I said, " What is the
matter—what has arisen!" Kelley replied, "Sadler won't
start fair." I looked for Sadler, but ! could not see him. I
said to Kelley, "Co to your station and tell Sadler he
must start, and that if he will not start you must start
without him."

11;:i.73;;Dt Ballaistine—Could you as that time have
reached Sadler!

kli.BiffinLWe might have done so, but I did not see
his. It was getting late and I was under the impression
It would be quicker done by sending the message by
Kelley. When Kelley turned to row over I did not see
Hadley. Before Kelley came up I had formed the opinion,
from what I maw, that Sadler did not intend to start.
Crosm-examined by Kr. Hawkins— I cannot recollect if
Kelley said that Sadler had put on his thick Jersey
and had rowed away. I might have been a little
hasty in my decision. I think so now, but I
did not then. I have had a long time to think it over.
When I got to Mortlake I awarded the stakes without
anything further being said or any further inquiry on my
part.
its-ezamined—On the two fret mos/ions there could
not have been a start without fouling. I intended Kelley
to go to Sadler and tell him to start, and that if he would
not he was to start without him. I have Shift thought I
was a little too hasty in awarding the stakes. Mr. Mes-
senger protested against my awarding the Melt's.
The case was proceeding when our report laft.l

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goolberia.)
IN RE %INCEST OTHIRWISZ IRODIN

The bankrupt, Mary Vincent. otherwise Marie Roes
Monads Oodin, was described as of 97 ►nd 99, Fulham-
road, draper, carrying on business under the style of
Vinoent and Co. Debts, 1,3991. ; assets et present
realised 244 _ _

Thu was a sitting for last examination and discharge.
Mr. Doris opposed tor the assignees, and asked that the
bankrupt should file further accounts, going back to May
last, at which date she, in conjunction with her father,
obtained a lease of the premises occupied by her in Fulham-
nod. The business had since bees sold for 5001. or 6001.,
and the assignees wished to know what had become of
the money.
After bearing Mr. G. Lewis, who, on behalf of the bank-
rupt, said that she bad been examined very fully upon her
affairs at a private sitting, and had given the assignee* all
the information in her power relative thereto,
His Honour decided that the amounts required ought to
be furnished, and directed aa adjounummt for the purpose

MIDDLESEX SESSIONS.
(THIS DAY.)

(Before the Aegetaat-Judge.)
A SINGULAR PCOCZZDINU IN COURT,

71'14—f;;t:ii, oatmaa, warn indicted for stealing
a banal and 163 haddocks, the property.of the Great
Northern Railway Company.
Mr. Cooper prosecuted on behalf of the Great Northern
Railway ; Mr. Ribton and Mr. Wild defended the
Pri!?a°r• . . .

When the jury were about being sworn, as
soon as the Ant juror was going to take the book,
he was challenged by Mr. Ribton ; and Ave others
were also challenged, but not in consecutive order.
This having been done, it nearly exhausted the panel, and
on the names of all the jurors being called there was found
to be a deficiency of two. A poenl canvas in the 'nigh-
bourhoud then commenced, and at last one gentleman was
i found who was willing to make up a of the de-
ficiency. He had no sooner taken his seat than Mr.
Ribton objected to him as he wee not in the panel. Mr.
Cooper also objected to are of the Aing...es, taken who had
the place of one challenged by Kr.
The Assistant-Judge said ea there was a deficiency of
jurors he should order the panel to be enlarged, and should
postpone the can until to-morrow.
Mr. Cooper said he could not come to-morrow as be had
to be at Aylesbury. Mr. Ribton said he should be unable
to come also.

The Anistant.Judge said be could postpone the case to
another day.
Mr. ittbton said he could not come during the week,
and his lordship knew perfectly well what he had to do.
After a mutual compromise, two of those challenged
were allowed to go into the boa and the case proceeded.

POLICE COURTS.-(THIS DAY.)