The British Press; or, Morning Literary Advertiser.
London, England, 1825-06-30 00:00:00

SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS.
11rst Anniversary meeting of this Society was held yesterday
it the Crown and Anchor tavern in the Strand.
J. A. Riau, Esq. M. P. was in the Chair.
The Caniaseat, in explaining the purpose foe which the torn_
pail were assembled, apoligned for the unavoidable absence, from
revere iodiepasition, of Sir James Mackintosh, who had promised
thee dastisiour of presiding on that occasion. 111 able as he was
Mew* tea lam they had sustained in that eminent person's ab-
seam pil, horn the anxiety be had always felt to forward the ob-
jects ef the Society, he had ,consented to take the chair, where he
meet repsest their indulgedee to his efforts for the advancement of
tear common cause. The objects of the Society would be so well
detailed la the Report which their honorary Secretary would pre-
sently have occasion to read, that it `ens not nesessary for him to
detain them, by entering into an examination of the nature of the
evils they were called upon to suppress, or the arguments by which
that suppression was supported. One thing 'he would mention,
however, that the practice of torturing animals for the supposed
heeefit of medical science, had been reprobated by Dr. Crampton,
and other able physicians and surgeons, to whom the Society had
applted,.as dishonourable and disgraceful, anal not even supported
in its beneficial results by the plea of an overruling neceseity, with.
eat whicla it copld nor have been tolerated for a moment. Another
1.-et which it would be right to communicate to the Meeting was,
that the benevolent sod useful effects of the Society were not likely
to be confined to England alone. An eminent medical gentleman
from Haaebwgh, be had learnt since he came into the room, was
at that moment present, having visited this country for the express
purpose pf making himself ac9uainted with the methods by which
the Society meant to effect their objects, so that he might be ens.
lied to form a society in Hamburgh upon a similar basis, and for
aimtlas objects. It had been said that the Legislature had not
gone far enough inputting art end to the practices which this Soci- '
sty was endeavouring to put dpiiti. The fact was, it wax extreme-
ly difficult to control the moral actions of men by legislative enact-
meow. 4, There wore many things people would wish to see done'
which teem nosamily to be done by Act of Parliament. Much was
to be effected by the force of public opinion, and the labours of the
Christian and humane (Applause.)
The SECRETARY then read the Report—lt detailed at some
length the proceedings preceding and following the legislative en.
sentient (commonly called Mr. Martin's Act) which formed the
basis of the operations of the Society, and the great benefits which
had resulted from their labours in one year. One hundred and
forty-nine convictions of bullock drovers and coachmen had pro.
duced such a material amendment in the manners of the frequenters
of Smithfield, that the inhabitants of that place had written several
letters to the Society, expressing their satisfaction at the change
which was every where visible. Bull baiting, too, which in some
towns was considered as almost a privilege, was wearing gra-
dually into disgrace • and the practices of cock fighting,
dog fighting, and badger baiting, were every day becom-
ing less frequent, from the tone given to public opinion by the
labours of the Society, and from the attention of Magistrates and
gentlemen being directed by their publication to the horrid cruelties
practised under the license of such sports, and to their demoralis-
ing and brutalising Effect upon the minds and motals of the people.
The Report then examined the effect of whit were called medical
dissections, and quoted passages from letters addressed to the
Sotiety by Mr. Abernethy, Sir Everett! Home, Sir Charles Bell,
Drs. Golding and Bsrdsley, (of Manchester), Professor Kidd, of
the Coiversity of Oxford, Dr. Crampton (of Dublin), &c., all
declaring their opinion that the practice of dissecting living animals
was highly reprehensible and very rarely of any benefit to medical
enence—Dr. Fenner of Abbotsbury particularly declaring that
there was not tine physiological experiment of ilajentlie, which
did not prove wholly inconclusive, or which did nut leave those
who engaged in these controversies at issue on every important
point which it was thought these horrible experiments would com-
pletely establish. The Report than proceeded to state that
thirty-eight medical gentlemen in Bath, and twenty-nine in
Newcastle-upon-Tyne, had expressed their firm determination
to put an end to all such experiments within the sphere of their
influence ; and after announcing the formation of branch Societies
in Liverpool, and Wakefield, in Yorkshire, concluded by ex-
pressing a conviction, that from the effect produced upon medical
students on the one hand, and upon drovers and the lower orders of
the people (a very different class) on the other, in the short space
of 12 months there would soon, if the Society went on as it had
begun, be a final termination to all cruelties, disgraceful alike to
the professors of Christianity, and to our national character.
It was voted unanimously that the Report be printed.
Mr. /SDK' x wow. in rising to propose a Resolution of Thanks
to Mr. Martin, of Galway (who had entered the room during the
reading of the Report, and been very generally cheered). ex.
pressed his regret that the Honourable Member had not Ly a little
longer absence enabled him to speak of hint in those terms of
pra,se which he could not venture to indulge in in his presence. The
honourable Gentleman then took a review of the exertions of Mr.
Martin in procuring the enactment of a law on this subject ; and
bare testimony, as a Magistrate of Hampshire, to the good effects
already visible from that Act being ever held in terroruna over the
heads of the lower orders. Formerly it was impossible to ride out
without seeing cruelties practised with impunity, and sometimes
-defended with the meet insulting language; but now that it was
seen Parliament had taken the brute creation under its protection,
such scenes were hardly to be met with at all, or else carried on in
secrecy, and immediately abandoned upon detection. The lion.
111 ember for Galway WWI therefore entitled to their gratitude, net
only for the punishment, but for the prevention of crimes of this
kind; and for his unceasing efforts to compel the hardhearted and
unprincipled to consider the law of God, and obey the law of
blan. Ile concluded by proposing a vote of thanks to R. Maeda,
Esq. for his unceasing exertions in the cause of humanity, aodthis
'endeavours to suppress practices disgraceful to the national
character.
Pr. Hawnuasosr seconded the Resolution.
Mr. MARTIN,: in returning thanks, observed that if he asked
himself what he had done for this cause during the last four years,
he was sorry to say be would be compelled to answer nothing--
though if he had done according to his own wishes or the goodness
of the cause he would have done a great deal. Be had, it is true,
submitted a Bill to the Assembly to which he belonged, but it
had been thrown out with scarcely the ceremor y of a deliberation,
because, as they told hint, it was unreasonable to cheek the amuse-
ments of the lower orders, even though they might he cruel—as
long as they tolerated the sports of the higher orders in hare and
rox.hunting„ and shooting and fishing, and all the pleasures of the
field. Admitting it were true that both methods of torturing were
equally barbarous and brutalizing, did it follow that they were UN
to abolish a little of evil because they could not sweep it away al.
together—were they not to put an end to any bets of cruelty because
they could not get all men to agree in abolishing all acts of inhu-
manity ? For his part, if lie could not take away fifty per cent. of
cruelty, he would still be happy to get twenty. per tent., and if he
could not get twenty, he would still accept either ten or five per
cent, with pleasure and gratitude. (Applause) The Bill, how-
ever, was thrown out, and he felt himself bound to say there was a
greater indisposition in Parliament than in any other place in the
country, even the bear-garden, to put down the cruelties which
were so universally reprobated by every humane and feeling indivi.
dual in society, and which could not be in the sligheat degree pro.
fitablc to any one. It was not that the House of Commons was
altogether so averse to his measures, for in counting over the Mem-
hers, in the whole seven hundred, there were ten to one favourable
to his views of the question : but it so happened, that the con-
sideration of his Bills .always. came on at such late hours, and
then there were four or five individuals always banded together
in opposition to him, who were the constant enemies of every
attempt to protect thel poor dumb animals from the cruelties
which were practised on them. First, there was the Member for
Aberdeen (Mr. Hume), who always gave every proposal to put an
end to cruelty and torture the most Inveterate opposition in his
power. Then there was the Member for Reading (Mr. Fyslie
Palmer), whose conduct, on that and every other occasion where
humanity was in question, had rendered him so conspicuous that
a famous Phrenologist (Dr. Spur:helm), had actually applied to a
friend, to endeavour to get him a cast from the head of the Hon.
almnber, for the benefit of lectures to his pupils. Whether the
Phrenologist had succeeded in obtaining the cast, or whether he
had found the organ of cruelty very strongly developed, he could
rot tell. (Laughter.) But he could say, that although he had
very often looked on the Honourable Member with the eye of •
• painter, he had never been able to discover any thing very cruel in
his face. (Laughter.) The Honourable Gentleman (Mr. Martin)
then went into a review of his late attempt to bring a Bill into the
'House; and observed, that although the Attorney-General had
approved of the Bill, assisted its passing in every stage' and
promised it his beat recommendation in the Lords, the Bill had not
passed, and the Aneeney-General had now turned round upon him,
and opposed the Bill, telling hint the offence of maiming a man's
twit beast was already provided tor under Mackintosh's Act.
It was extraordinary that Lis Majesty's Attorney-General should
hold an opinion which no other lawyer, he would venture to say,
Lc.ad nippier, and which no man with a six months' bar gown
°tibia heels, would venture to advance; but it was still more ex-
traordinary that his Majesty's Attorney-General should differ from
the Secretary of State for the Home Department, or any Secretary
of State; but yet it was true that the Attorney-General, in his
:sal to put lion down, had differed from Mr. Peel, whet said he
Martin) was the a;adest man in the world to think that it MeS
net legal for any man to hew his own animal into pieces if lie
pleased. If (he Atthiney-General was right, he congratulated the
corniby upon the law being already sufficient without any new
enactment. The Honourable Gentleman then detailed again tiie
amount of some of Majeudie's cruel operations, and related a
story of one of the sons of a Lecturer at a public hospital having
expressed his approbation of the operations, but begged of him net
to say so. for it would spoil his practice, as no lady would employ
him. Ile (Mr. Martin) would not name the person, but he men-
tinned it to show the effect produced by public Opinion, and the!
arertions of the Society. He concluded by deelarirg hisdeterint-
rTMOII to give up all attempts in the House of Commons on tilts
subject ; and by expressing his opinion that no good was to be es.
peered in that House but from the Opposition.
The CHAIRMAN here observed, that a gentleman in the room
had an important fact to communicate relative to the rabies canhra
which was so prevalent at present.
Mr. Forims (the partner of Dr. Blades). the gentleman ailuied
to. said that there was another argument in addition to the moat
obvious ones against the practice of dog-fighting, namely, that'
the rabies caniga, or hydrophobia, as it is called, in man, of which
be had sixteen or seventeen cases in the last week in his practice,
depended in a great degree on the breed of lighting.dogs. He had
me:Awned, beyond question, that the spaniel and more harmless
dogs were free from the disease until bitten, but that the terrier,
throe all IN varieties, haring its natural ferocity aggravated by
was the_ great propagator of that horrid malady. By
extinguishing dog-fighting, the society would therefore be doing
pod to themselves, as well as performing an act of humanity.
Mr. lIF.NRY Hugt expressed &strong doubt that the statement
was correct. Many eminent men had Asserted it was want of water
atharh produced the disease is all dogs. He Ass a friend to the

LAW INTELLIGENCE.
COURT OF CHANCERY, JUNE 29.
ELEPHANT AND CASTLE CHARITY.
The Loan CHaweettort stated, that in this case property had
been bequeathed to certain trustees upon trust, to divide the rents
and prohts, as the churchwarden' and overseers of the poor should
from time to time direct. This property was originally of little
value, but in the progress of time had become of considerable im-
portance, and the case tint came before the Court on an informa-
tion under Sir Samuel Romilly's Act, but his Lordship continued
I to think that that statute only meant to provide for the determina.
tion of differences between 4101 i-rent objects, and not where the true-
;tees were themselves adverse. The description of overseer contem.
! pared by the will had ceased, and the poor of Newington were now
managed by guardians ; and his Lordship was of opinion, that guar.
diens could not interfere; but it was another question whether, in
the arrangement of the scheme, any power should be committed to
those guardians.
Me. HART roar to observe, that after so much expense had been
incurred, no rational person would wish to raise the question of
jurisdiction.
Mr. HEATH remarked that objection had beets made front the
beginning.
Mr. SPENCE added that he bad followed up the objection from
the first petition up to this moment. It was an objection that
did not originate with the other side, but first came from his
Lordship.
The CHANCELLOR contended that he would not permit this
fraud to be administered by persons chosen by annual elections,
carried on with all the zeal of party, impelled by a desire of power.
1 HIS Lordship would avoid, if possible, another reference to a 31,1,
ter. Ile would endeavour to form a scheme himself, and requested
the parties would attend him for that purpose.
COURT OF KING'S BENCH, WESTMINSTER,
WEDNESDAY, AIME 29.

Sittings fot AA:dlesrx after Trinity Terns, hefted the LORD
CuIEF JUSTICE and Common Jollied.
STATHAM 5.. DELAFO36.
This was an action to recover the sum of 40/. for money had and
received, and also damages for non-performance of a contract.
It appeared in evidence, that in January last the defendant, who
was the landlord of the George public-house. in WhibachapeCroad,
agreed to sell to the plaintiff the good-will of the house for 100/.,
and the stock and furniture at a valuation of two persons, one to be
nettled by each party, with power, in case those two should not
agree for them, to appoint an umpire. The agreement was reduced
to writing, and it contained a stipulation, that if either party should
I fail to fulfil his part of the contract. he should pay to the other a
sum of 1001. as and for liquidated damages. The parties executed
the agreement, and the plaintiff paid 40!. by way of deposit. Two
I persons were chosen to value the stock and 'furniture—Mr. Scriven
I on the part of the plaintiff; who valued them at 270!., and Mr.
brehdy on the part of the defendant, who bled his valuation at
tnt. 10s. In consequence of this difference between the two sums.
they appointed a Mr. Fairbairn as umpire, who made his award :
but previously to its being opened, the parties paid him his fee, and
no objection was made by either side to his umpirage. When the
award was opened and recd, it appeared that his valuation in the
first place amounted only to 2261. On inspection however it was dis-
covered dust he had omitted to include the value of the stock in the
bar, which was estinwed at 381. 155., and also the beer pipe, vs-
lied at 41. Gs ' • these sums 'tieing added to the 22d/ made his
' valuation only 19s. less than that of Mr. Scriven. This money,
together with the balance of the consideration to be paid for the
good-will, was tendered to the defendant on behalf of the plaintiff,
and possession of the premises was demandei, but the defendant
refused to accept the worry}, or to give up possession ; the present
action was therefore brought, not only to recover bark the deposit.
money, but also to obtain damages for the non-performance of the
contract.

Mr. SCART.ZTT, on behalf of the plaintiff, observed that there
could be no other assignable renson for the defendant's refusing to
Aall his contract, but that of his having subsequently found an.
other person who was willing to give him a larger sum for his bar-
gain. This however was no good defence to the action, and he
should therefore expect to receive from the hands of the Jury not
only the 40/. but the 100/. which the parties had fixed u liquidated
damages in cage either of them should fail to fulfil his port of the
contract ; or such other sum as they should conceive the plaintiff to
be entitled to.

.......
The defence set up was, that at the time the pretended award of
Mr. Fairbaim was made, that person was an drunk as to be wholly
incompetent to discharge his duty as an umpire, and that no sooner
had his mistakes been discovered than it was objected by Mr.
Nebdy, the defendant's valuer, that he would not consent on the
part of Mr. Delafass to the award of a person so totally unfit to per-
form his duty. The defendant himself also at the ume time re-
fused to abide by the award, but said if any sober person were
appointed he would pay the expenses himself, and give up
*ion immediately that individual should have determined tress=
to be paid by the plaintiff:
On proof of these facts, • Mr. BROUGHAM contended that, in
point of fact there was no award, and that consequently there could
be no breach of the contract on the part of the defendant; and in-
asmuch also as the contract was still open, the plaintiff could not
recover bark the 4W paid by him as a deposit.
Mr. SCARLETT, in reply, said it was too ridiculous and absurd
to pretend that the intoxication of the umpire could tr ake the
award void. Besides, would any one believe that if that person had
placed a higher value en the stock than had been done by the two
valuers, the defendant would then have objected to have performed
the award ? In order for the defence to be rendeted available, it
ought to be shown that the objection was taken to the award of Mr.
Fairbairn before it had been opened and read. Reserving such an
objection till the sum had been ascertained at which this person
bad fixed the valuation, made the circumstance altogether too doubt-
ful for the Jury to deal with seriously.
The Loan CRIEr JCSTICE, in summing up, observed, that as
the time had expired when the award was to have been made, and
no agreement to postpone it had been proved, the contract had be-
come void, and the plaintiff' was entitled to have back his 401.
With regard to the other part of the case, the question was, whether
or not the state in which the umpire was represented to hs ve been
in, was such as tofjustify the defendant in refusing to complete the
award. If the Jury should think that it was sufficient to justify
the refusal, then their verdict must be for the plaintiff, as to the
401. only ; but if they did not think so, then they should give such
further sum as they should deem reasonable; for they were not
bound to the particular sum of 1001. specified in the contract, but
they might give any sum not exceeding lOW.
The Jury consulted together for a few minutes, and found n ver-
dict for the plaintiff:
Damages 801. including the 401. paid ass deposit.

COURT OF COMMON PLEAS, WrDNEspAy, JUNE 29.

113(jOre Lord Chief Justice BERT.I
BROOK V. CARPENTER, GENT.
This was an action brnught by a female, who was detained in
the Fleet prison at the suit of the plaintiff an attorney, upon a bill
of exchange, from the 211th of February until the 13th of May.
The cue occupied the Court the whcle of the morning, and the
Jury gave a verdict for the plaintif—datnages 3001.

SPORTINO INTELLIGENCE.
TURF ROOMS, BAZ-A-ATTVErwEsDAY, JUNE 29.

The betting was brisk on the favourites for the July and St.
Leger Stakes, and two or three of the outside horses for the latter ;
the only feature of consequence in the day's business, being the
gradual advance of ➢astime and Altisidora; who are getting up.—
'1 he general betting is thus :

JULY ST•KES.
33 to 1 agst Goshawk IBto 1 apt Oraphale
4 to 1 ngst Jerboa 9 to 1 apt Lees
(4 to 1 apt Mr. Wortley's 10 to 1 apt any other

ST. LEGER.

34 to 1 apt 6femnon 2S to 1 agst Duke of Leeds
6 to I apt Alderman 28 to 1 apt Altisidora
84 to 1 apt Redgauntlet 30 to 1 agat Pastime
18 to 1 apt Cleveland 30 to 1 apt Hum. Clinker
17 to 1 apt Homer High odds, soy other.

DEBBY-740 Retung.
PIGEON MATE/I-Mr-2M SOVEREIGNS.

This match was decided yesterday, at the Enclosure, Battersea, in
the presence of a very numerous attendance. It was between l'ap-
tain Ross and Mr. Osbaldestone, at 50 birds each, 21 yards from
the trap; the gun to be placed on a table, as in the former match,
and not to be touched, until the party about to shoot had palled the
string; the only difference being, that the Captain shot with a dou-
ble-barrelled gun, and :Ir. 0. with his great single barrel. The
betting was heavy ; and,Erom the difference in the guns, fluctuated
conshl-rably ; but. averagely, was in favour of the Captain. The
superiority of the double band, in a match of this sort, was evident
throughout ; for the Captain at once got a-head, and won his
match by 9 birds, having lulled 36, (18 without once missing) and
Mr. 0. only 27 ; 7to 4, and 2tol on the gun. A new match is
made for Saturday, between these gentlemen, for 200 sovereigns, at
50 birds, in the usual way, except that the Captain shoots with
his double barrel, against Mr. Osbaldestone's single, to take place
at Battersea. The match today, 6 to 4 on Arrowamith and
Beamont.

THE GREAT FOOT-RACE FOR 1000 SOVEREIGNS.

(BY EXPRESS.)
The above grand match, which has excited unprecedented inte-
rest in the sporting circles, was run on Tuesday, Me! Knaveamire,
York. The match was between Metcalfe and Halton, one mile, out
of which Metcalfe gave Halton 20 yards. Metcalfe has run aevcn
times within the last two years, and has acquired the reputation of
being the swiftest runner in the kingdom; but, at four or ten
miles, Italian is unequalled. The betting on this very interesting
match has been very heavy, and has reached 5 and six to four on
Metcalfe. At an early hour, the course was very numerously at-
tended by all classes, and the greatest anxiety prevailed till the
start took place, which was on the firing of a signal gun, at half-
past one. They went °fret amazing speed; and by the time they
had run 400 yards, Metcalfe recovered the ground given, and passed
his opponent, winning his match by upwards of forty yards very
easy ; 7 to 4, and 2to I on the winner, who ran the ground in tour
minutes and 30 seconds ; thus establishing himself Champion of
the Pedestrians.

- -
To THE SCHOLASTIC PROFFSSION.—As every instruc-
tor of youth has long felt th: want of some medium through which
a knowledge of all new School Books might be obtained, J. Sauter
begs to announce, that he regularly publishes a Halt yearly Sup-
plement to his " General School Catalogue," containing lists of all
the new School Books which have appeared during the previous
six months. The Tenth Number is lust ready, and may be bad
gratis, at the School Library, 73, St. Paul's.

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