Northern Times.
Liverpool, Merseyside, England, 1859-09-12 00:00:00

100 to 7
100 to 7
20 to 1 against K

.gainst Dispute.
gainst Miss Whip filly

CESAREWITCH STAKES
40 to 1 against Roman Candle.
40 to 1 against Tunstall Maid.
40 to 1 against Compromise.
60 to 1 against Tiara.

THE DERBY

10 to 1 against Umpire.
40 to 1 against The Rap

THE COMING DONCASTER MEETING

notwithstanding

Sellinger

a dead letter- by the aid of Promised Land), promises to be
one of unusual interest, the sales of blood stock alone (the
most extensive on record), being sufficient to draw together a
company. Had Promised Land been out of the way, it Would,
in all probability, have been one of the best betting races for
many years past ; he has, however, frightened so many, that
the starters will not come up to the average ; indeed, they will
scarcely number a third of those in the memorable Birmingham
year, when out of GS entries 2S faced the flag, the smallest field
being in 1852, when Stockwell secured first place from five other

competitors, the whole being placed by the fudge. Promised
Land's pedigree and performance are as under: He is a brown colt
by Jericho, out of Glee. In 1858, at Goodwood, carrying Bst 71b,
won Findon Stakes b 3• two lengths, beating North Lincoln,
Bst 12 lb (second), Rainbow Sst 12 lb (third, two lengths from
the second), Nuncia, Bst 41b (a bad fourth), Scent, Bst 41b
(fifth), Flitch, Bst 41b (sixth), Comforter, Bst 71b (seventh),
Chanoine, Bst 71b (eighth), and Carlotta, Bst 41b. At New-
market Houghton, earning Bst 101 b, was second for
Stakes, won by North Lint(

)1n; same meeting, carrying Bst
akes. In 1859, at Newmarket First

121 b, Nialked ovi

second). E

Spring, wnn the 2

ink Cynric

y by a length and a half, beat-
a '(third, three lengths from the
second), Sir. Hercules (a moderate fourth), Nimrod, Lord of the
Manor, Phantom, Napoleon, and Marske. At Epsom Summer,
carrying Bst 71b, was a good fourth for the Derby, won by
Musjid. At Goodwood, carrie lag fist 11b, won the Goodwood
Derby by thirty lengths. beating Chanelier ; same Meeting,
carrying ist 71b, won the Goodwood Cup by six lengths, beat-
ing Newcastle, 3 yrs, 7st 71b (second); Prioress, 6 yrs, Bst 6113
(a had third); North Lincoln, 3 yrs, Ist 7Th; Scent, 3 yrs,
Ist 31b; Schism, 3 yrs, 7st 31b (who formed the next lot, beaten
several lengths from Prioress) ; Leamington, 6 yrs. fist i(qb ;
and Union Jack, 3 yrs, Gat 71b. It will be seen he has only
twice been defeated, first as a two year old by North Lincoln
STeotx.3olpbh;ili t e, 4 y
Marionette,
3 8t
yes. ; 1171eatdleitbar
Nlvleoodde anbuCuhk,3.tiviilys.,,
Estst
7th
;,
yes,
9
(unfortunately not entered in Derby or Leger), and sub-
sequently in the Derby by Musjid (int in the Leger). He
is allowed by corsnetent judges to he an undeniable spe-
cimen of a racehor... and comes of a running fandly. !le is
said to i.e as well as his trainer can Ccisire; and will, according
to present arrangement, receive the assistance of Alfred Day,
than whom there is certainly no more talented artist on the
turf. In all likelihood Pordham will steer Summerside ;
Charles Marlow, Aston; Luke Snowden, Defender; Burob3 ;
Napoleon ; John Osborne, Trumpeter ; Tom Aldcroft. Gamester,
George Gates, Gladiolus; Sam Rogers, Marionette; Well.,
Comforter ; Tom Ashman, Prelude. Glenbuck, Pan, Magnum,
and Phantom may swell the. field; but with a very :emote
chance of doing so to the advantage of their owners, Magnum
lool:ing the most dangerous of the quartette, although his
only successful performance has been bea•ing Qui Vive, for
the Midsummer Stakes, in the July meeting at Newmarket.
Were it possible to decide which is the best fif Tom Taylor's
pair, I should unhesitatingly recommend its being trusted
but Charleyu'
inye y
Defendera ys
about
ran to
very do
with a trifle ; but this is an impossibility, and my own predi-
lection is in favour of Comforter, who ran very game over
Aintree, and only lost by an accident. Napoleon has a high'.
ara
great things. John Scott seems to. be out of the Leger this
year ; but I should not like to hold his team too cheap, having
theh fear character,
er
of hp er
badly in Liverpool Cup; but it must not be forgotten 'that
c i s
ePecks
before
Ancient Briton was turned loose in the race, and that it was
the latter's day out. Gladiolus was too forward, and made
too much use of in the spring to induce me to trust him here,
although I hear that he carries good money, and therefore
must be kept on the right side cif the book. Although lam
averse to standing on favourites, I cannot shut my eves to the
fact of Promised Land's performance being A 1, but shall await
Monday's money market before selecting one to sta .d upon,
when I will endeavour to spot the Van ers of the other p rincipal
events for Tuesday, and so on from day to day.

INDEX TO TIIE CLO9ING OF ETIKL
Sept. 12 Walsall ......

Richmoni

Sept. 15.

13?dford

13 Brecon

Yorkshire
i res
elpi l cti;
........ ..--
Leicester
,43nmout'a (at noon) ll Kelso ....................
Newmarket (at noon) l3
s —September 5,
linasas STRUCK OUT or
THEIR ENGAGFME. 7' ,
i Doncaster ; at
•litte,
engagements ; at nine
Rine a.m. 'kiss Stewart, out
of Lanark 'nat.?, Warwick ; at nine
aatt
umfouer pa..mm..,
zHitaenijaat,ootn,itoouft ocforthpoeraGtriut r
a.m., Lambourne,: out of Month:kr:B,
Doncaster; at nine a.m.,.
Red Eagle, out of Corporati° r - • at nine •
Warwick ; at nine a.m.,
Doncaster engagements ,
a.m.,
Hal o'Kirkless, out of
Stakes, Warwick ; at one p.m., Knock-
Solomon, out of County
d•ements (broke his thigh, and has been
a.m., Libellous, out of Avon.,
burn, out of all ezuf.er 0,
at nine a.m., Mourayieff, out of
destroyed.) Septet 0 t Doncaster ; at eight p.m., all Mr. ;-,
udicap, a
Cleveland ila.
ofengagements It C (11'
borqcs out
illiam's . ,
ii, Vrassey, out of ail engagements th's y,ar • t
ma,ourioen, but of engagements at Dolati
at nine a ~ , ,
Red Eagle, wildman, Fingal, and Ho tl
nine a.m., vi 1, out t
engagements at Doncaster, 1F59.
The following is said to apply to a gentleman connect
the turf, who resides not a hundred miles from 1 '
Averpi
who has since had a much better turn of luck •
• A well-imoN
rfnaan, whose horses, during a certain season, had been d
d ahnost every time they ran. made 't very witty reply
he asked him 1'
be had alway

ed with
)01. I)nt

Lon m
e names of his hoi

t, chic

,
POLICE COURT.—SATpi.pAy_.
. [Before Mr. PRESTON.]
SE-IGEIAR CHARGE OF OBTAINING MONEY BY FALSE
PRETENCES.—WiIIiam Whitby, car-owner, Wavertree,-
charged a man named William Gill with the folloWing
offence :—lt would seem that, one of Whitby's cars rv.n
over-a man in Wavertrec-road some time back, and he
was takes to the Northern- Hospital. His name was
mill; Whitby, in a day or two afterwards, was passing
the Northern Hospital, and he saw Gill coming- out of
that- _building. He drew up, and asied him if his
name was Mill ? '" Yes," answered Gill, "get into the
car, and take you home." " No," says Gill, I' in

going- to see a friend in— Regent-street." "I'll drive
you,there,"' says cabby. "No ;' I'd rather walk." He
took .him, however, to a public-house, where he gave
him some drink; and . about- five shilling in money,
labouring . under the impression all the while -that he
was the min that bad been run over. Gill,•however,
had been injured, at the fire at the North Shore mills.
In a few days the wife of the real IMIU came to Whitby
in great distress, and then he ,discOvered how he had
been cheated, and he gai,e the prisoner • into custody
He-Was remanded.
AN OLD OFFENDER.—DaniolGannon," a well
thief, and a ticket-of-leateminiwas charged With rob
Bing, a vessel of a quantity of canvass. The prisoner had
been in the army, but was cashiered from the ranks on
~count of bad conduct. He was committed for trial.
Row IN 11ornA.m.srinEr.----Bridget Lynch, awoman
of light.character, charged Mary Ann -Cok;. a woman. of
a similar occupation, with having stabbed' her with a
knife. The prisoner and Lynch had some old grudge
against each other, and they came •to high words on
Friday, the result being that Mrs' Cox cut Miss Lynch
over the right eye,' with, as the latter alleged, a knife.
Mrs. Cox denied the soft impeachment, and said that it
must have been with her ring that she was cut. A
doetor from the Infirmary said that the wound might
haie been inflicted with the ring. • His worship con-
sidered One as bad 'as the other, and.discharged the pri-
soner. .

[known

THE EMBEZZLEMENT BY A SERVANT.—Henry Finch
was brought up on remand, charged with having em-
bezzled the sum of. £ll 75., the property -of his em-
ployer, Mr. Pitts, currier and leather dealer, Kirkdale.
Some additional evidence was given, and Finch was
sent for trial, his worship admitting him to bail in two
sureties of £5O.

BREACH OF THE PASSENGER ACT.—In this case,
which had been heard on a previous occasion, Mr. Pres-
ton delivered judgment as follows :—This is a summons
taken out by the Emigration Officer of this port against
Michael Duffy for a breach of the 70th section of the
" Passengers Act, 1855." As this case appeared in
evidence, Lieutenant Hay, an emigration officer, on the
11th August last, at the request of the defendant, the

broker of the ship, went on Soard the Samuel Locke, an
American ship, 911 tons, bound for New Orleans, for
the purpose of cleansing her. He found that there wero
no more passengers within the meaning of the " Passen-
ger Act, 1855," than were equivalent to lit adults,
and that the vessel from her size was qualified to carry,
without becoming liable to the regulations of the

act as to what are therein described as " Passenger
Ships," eighteen of such passengers ; and received a list
of provisions sufficient for eighteen passengers for
seventy days... Subsequent information led him to pro-
ceed next day to the Bramley-Moore Dock, accompanied
by the -Government -Inspector. Then they found—the
ship hauled from the quay, with a tug in readiness to
tow her to sea. The passengers were mustered, and it
was-found-that, in addition to those who appeared the

day before, passengers equivalent - to iit

)een embarke

adults in all, thus rendering the ship "a passen7er st
according to the definition in the 3rd section of the act,
and subject, therefore, to all the provisions of 1
applicable to what are therein defined as " pas
ships." The contract tickets of the superaumery
pusengers were demanded and received by the in-
spector, and it appears that two of those tickets were
signed by the defendant, and one by his agent au-
thorized by him in that behalf. The, defendant then ad-
mitted that he had done wrong; and said that he should
send the additional passengers ashore. The ship, how-
ever, immediately proCeeded to the river and on her

to New -Oilcans, without landing any of her
passengers. This was in defiance of the provision
which the act has carefully made for the safety and
comfort of such passengers, and the ship is liable to
forfeiture if found within two -years after the
offence within her Majesty's dominions, and the
master to heavy pecuniary penalties. But the ques-
tion before me is, whether the defendant is guilty of
offencefor which the act prescribes a specificpenalty?
section was referred to in the course of the
neat; but as it inflicts a penalty only on the

:he act

voyage

The 17t1
arg

is out 'of the qi

stion in the pr

The charge rests on the 7-oth section It is.contended
that each of the contract tickets signed by the de-
fendant, or by his directions, shews, under the 'circum-
stances proved, one offence within the meaning of that
enactment. Each ticket states the ship to be of 1,000
tons register. Lieutenant Hay stated, in evidence, that
she was of about 900 tons- register. The difference is
not great, and I do not convict on the ground of this
falsehood, as it cannot be predicted, with reasonable
certainty, that any passenger was induced to engage a
passage.by the representation that the ship was about
100 tons larger than she really was. But I .must
observe, in passing, that though this form of fraud
appears to be very common, it is highly repre-.
hensible, and it would be well for brokers to bear
in mind that 'those who, by exaggerated repre-

mg of the

size of the ship induces persons to
engage passages, render themselves liable to the penalties
of this clause. These certificates also represent that the
ship would be victualled for the voyage according to the
dietary prescribed by law. It does not appear that she
was so victualled. Being, as she sailed, a passenger
ship within the meaning of the 3rd section, she should
have been victualled, according to the 30th section; for
all the passengers she actually carried for 70 days.
on the 11th of August, she victualled only tor
adult passengers • on the 121-1, she sancta with 29
adult pasSehigerS. There is tia Oitielie, easily given if
true, that the. state of the ship, as to provisions, was
altered-bet Ween the 11th and the 12th, and it is not
suggested—and it certainly is not to be assumed—that
alditional provisions were, sent ,on board during that
shoit interval. That representation; therefore, was fahe,
aad that it induced the passengers, to whom it was made,
to engage their passages, is to be inferred from the
coitideration that such persons , would not engage
passages without the assurance that -there would be the
means to feed them properly during, the voyage. On
the; whole evidence, I think it clear that there. was.
an .original intention to evade the act; and-that the
defendant was privy to that intention when three cer-'
tificntes were' issued. As broker of the ship, he knew,
or had the means of knowledge of her state, as to pro-
visions. • He knew when these tickets were issued for
the. passengers in excess of 171 adults that the 'ship
would not be provided with -the victuals which the law
reqUires for 29 passengers. He did wrong—knowing
that he did wrong. What he represented in this respect
in each of those tickets issued by him, in excess of. 17?
adults, was in effect, and operated in result, as a false
representation, which induced passengers to engage their
passages. lam of opinion, therefore, that he is guilty in
the letter as well as the spirit of the enactment. The case
is not one for mitigation of penalty; I. adjudge him,
therefore,- to pay £2o' for each offence—in all £OO. I
have felt much doubt whether it was not incumbent
upon me to exercise the power conferred by the ,67th
sec., of forfeiting the defendant's license ; but, on the
whole, I think that the ends of justice are sufficiently
attained without enforcing the extreme penalty.
FRACIELETON'S CASE.—After considering this case, I
do not think the evidence is sufficient to affect him with
a guilty knowledg,e or' intention. As 'to him, therefore,
the information is dismissed.
(Before Messrs. STEW!IIIT, HOLM, CASTELLAIN, and