The Sun.
London, England, 1855-06-18 00:00:00

SPORTINU- NOTES.

MURAT AND STOCKBRIDGE.

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In the absence of Fandango, either Kingstown or
Furioso will win the Ilurdbourne Plate.
Voivodo has boon so much talked about, that to be
worthy of the good opinion which is in certain quartets
entertained of him he ought to carry off the Mottisfont
Stakes. In his default either Bubble or Illuminator
may be good enough to win.

The Winchester Meeting has dwindled to " nothing."
As I have not yet received the accf:ptances for the
Hampshire Stakes I shall not now discuss the pro-
babilities.

June 18.

A FRESH MAN,

LA 1V INTELLIGENCE (THIS DAY,

COURT OF QUEEN'S BENCH.
(Before Lori Chief Justice Campbell, and a special jury.)
BANE V. BANE.—CURIOUS CASE.
Mr. Sergeant Shee and Mr. Prentice were for the
plaintiff; Sir F. Thesiger and Mr. Hindmarsh for the
defendant.
This was an action of ejectment, brought for the re-
covery of a dwelling-house and' premises situate at a
place called the Half Acre, in the town of Old
Brompton.
From the opening address of Mr. Sergeant Shee, it
appeared that the plaintiff, a native of Skibbereen, in Cork,
claimed the property in question as the nephew and next
of kin of Thomas Kane, who died intestate at Brentford,
on the 17th of March, 1846, and the question for the con-
sideration of the jury was, whether Thomas Kane was
a native of Skibbereen and a son of James and Norah
Kane, the grandfather and grandmother of the plaintiff.
Thomas Kane was a tailor, and worked with his father
until he was about the age of nineteen or twenty, when
he was apprehended on a charge of theft, bat succeeded in
escaping from the custody of the constable and left the
neighbourhood. That occurred in 1801, and he was :rover
heard of again until-1811, when be was met It London
by one of his old schoolfellows, who' visited him from
time to time at Brentford until 1842. Shortly after
Thomas Kane left Ireland he was found soliciting work
as a tailor at Brentford, and with the last sixpence in
his pocket went into the One Tan to get some refresh-
ment. He there met two brothers of the names of
Charles and James Sims, with whom he got into con-
versation. James Sims became greatly interested in
the "tailor on tramp," and procured employment
for him in the shop of Mr. Hazlehurst, where he con-
enued until the retirement of Mr. Hazle'hurst from
business, when Kane and an apprentice succeeded to it.
In 1817 Thomas Kane married Elizabeth Child, with
whom he got some money. Ile had always been known
at Brentford es the "Skibbereen boy," but as he be.
cams prosperous, had married an English woman,
and was settled in business, he became anxious
and endeavoured tq keep it close that lie was the,
"Skibbereen boy" who arrived at Brentford a "tailor
on tramp." As he prospered he advanced money
on mortgage and discounted bills at a good interest, and
during that time he frequently visited the Isle of Wight;
where he became acquainted with a person named Chas.
Kane, a native of Gosport, and probably of Irish origin,
who, like himself, appeared to have no relations in Eng-
land of whom he cared anything about or was cared for
by them, and who afterwards became a lunatic and died
in 1837, but who visited him at Brentford as his brother.
Thomas Kane, as executor, proved the will and took out
letters of administration to the estate of Charles Kane,
which amounted to about 6001., and-it was the wife of
Charles Kane who now had possession of the premises in
question. On the 17th March, 1846, Thomas Kane
died, leaving a testamentary paper unsigned, bequeath-
ing legacies to fifteen persons and thirteen charitable
institutions, but made no mention on the paper of any
relative. He named in that paper Mr. Lutwicke Allen
as his executor, who, with the Inspector of Police at
Brentford, took possession of the property, 'and held it
for twelve months, when no one appearing to claim it as
the next of kin, they applied to Mr.Maule, of the Treasury,
who cook out letters of administration as the nominee
of the Crown, and directed Mr. Allen to ge to Ireland
and endeavour to find out if there were any relatives of
Thomas Kane living there. Mr. Allen went to the
town of Skibbereen, but not in the neighbourhood, and
was unsuccessful in his mission, the Kenos in question
residing a mile and a half from that place and between
it and Castle-green. The facts coming to the knowledge
of some attornies at Skibbereen, who knew a number of
Banes resided in the neighbourhood, they prosecuted
their inquiries and had discovered, the learned serjea.nt
said, beyond doubt that the plaintiff was the nephew
and next of kin of the above-named Thomas Kane.
This case is rather an intricate one, and will probably
occupy the attention of the Court the whole of the da,

COURT OF EXCHEQUER.
(sittings at Nisi Prius, before Mr. Baron Martin and a
Common Jury.)
SOAPER V. TURNER.
This case, which was ,partly heard on a previous oc-
casion was resumed this morning. The action involved
was one for the recovery of damages for false imprison-
ment.

Mr. James, Q.C., aztd Mr. Pollock were for the plain-
tiff, and MrSergeant Shee and Mr. Lush for the de-
fendant.

The facts were simply, that the premises of the de-
fendant having been broken into and robbed in January
last, the defendant in consequence of something which
was communicated to him by a third person had reason
to suspect the plaintiff, who had been in his employ, of
baring been concerned in the depredation. He accord-
ingly had been apprehended, but on being taken before
the magistrate he was discharged from custody. This
was the ground of the present claire. It was also shown
on the part of the defendant that a transaction on a
former occasion, between him and the plaintiff, and in
consequence of which the latter was discharged from his
service, bore anything but a straightforward and upright
complexion.

Mr. Lush having summed up the evidence for the
defence,

Mr. James addressed the Jury upon the other side.
The learned Jzzdge, in directing the Jury in their ver-
dict, put it to them to say whether they believed that
what was told to the defendant by the person in ques-
tion, and in consequence of which the plaintiff was ap-
prehended, was true ; and observed that if so it would
be his duty to direct a verdict for the defendant ; but he
also put it to them to say whether they did or did not
consider the defendant justified in acting as he did, his
suspicions having been reasonably aroused by what was
truly or falsely communicated to him.
The jury were allowed to retire for deliberation, and
had not returned their verdict up to the time our report
was despatched.

this.

ting incident worth remembrance
•igs of the past week. The gatherir.r,
liampton presented its characteristic "feature%',
whilst the fleeting at Newton attained a :.uccess wLich
will doubtless stimulate its promoters to increased acti-
vity to strengthen its list of attractions. Poor Tiny
Wells met with a somewhat severe alcident at Hampton
on Thursday, but I have much satisfaction in stating
that he is rapidly recovering from the effect of his hurts.
r 0 dwell upon past events, however, would be useless ;
I shall therefore direct attention to the future.
The gentlemen of the Bibury Club will inaugurate the.
sport in Hampshire on Wednesday. Their programme
is not, however, very attractive, but it comprises events
sufficiently interesting to furnish a satisfactory supply of
sport. Rodo-Meli and Veteran look on paper the most
probably formidable competitors for the Bibury Stakes.
Twelve nominations are appended to the Champagne
Stakes, for which I shall select Brother to Orinoco.
Little is known relative to the five asimals entered for
the 50 Sons. Sweepstakes, New Mile. Perhaps Wantage,
who has 51bs. allowance, will prove the best of a bad
lot. Four other events are set for decision, but the en-
tries will not be made for them until tomorrow night.
The Days and the Danebury Stable are unquestion-
ably the mainstay and support of the Stockbridge Meet-
ing, which has of late years attained a popularity scarcely
surpassed by the most pretentious gathering in the king-
dom. The list of sport originally comprised nine items,
but the match between Saucebox and Contention being
off, the number of events is reduced to eight. Among
the horses engaged are the principal turf celebrities of
the day, and the racing is therefore likely to be 'narked
by incidents of more than temporaryimportance. Among
the nominations for the Triennial Stakes, for four-year-
olds, are Scythian, Andover, Autocrat, Champagne,
Marsyas, Wilsford, and Iran. Of these, however, per-
haps Andover, who has a penalty of 71b, Autocrat,
Champagne, Marsyas, and Ivan will not go to the post.
Scythian, with his 31b. allowance, can scarcely fail of
again carrying the black jacket and orange cap in
triumph. When the muster roll is called for the Tri-
ennial Stakes, for three-year•olds, Paros, Coresbus,
Claret, Lard Alfred, Miss Fanshawe, Exmouth, and
Corhampton may show. Scott's lot will not, I believe,
have a representative. The first and second places may
he filled by Lord Alfred and Pares.
Neither Fly-by-Night nor Fszzaletto will, it is said,
put in an appearance for the Two-Years-Old Triennial.
Result, another candidate for next year's Derby, is also
among the nominations, but some doubts exist whether
he will be among the competitors. I, therefore, see no
more worthy, champion than Rogerthorpe.
The Stewards' Plate will occasion a most interesting
encounter. The most prominent competitors will be
Oulston, Kingstown, and Rataplan, and they will, I
anticipate, pass the chair in the order in which I have
set down their names.

But, it was not passed without strenuous opposition
and emphatic protests, nor the influence (no doubt) of
golden gifts, where fear orfanaticism did not render such
unnecessary.
It comes not to us, then, covered with that antiquarian
dust which the Conservative so dearly loves. It has not
the mildew of the centuries upon it, but the curse of cor-
ruption is on its front, and the deep brand of infamy in
its conception and design.
It was intended to prevent too frequent interviews
between the elected and- his constituents ; to render th e
seat not too costly even for plutocratic bribers to buy,
lest the national purse itself should be insufficient to
recoup them, and places fall short of satisfaction for so
enormous a drain.
But is it for the people of England to cherish such
objects ? Events of late have tended much to bring re-
presentative government itself into contempt, if no im-
provement in its administration can be effected, and
enemies are fond of whispering that it is on its trial.
A Ministry convicted of incompetence and miscon-
duct—a Premier wafted to power by the breath of popu-
lar and Parliamentary opinion, seizes the reins of office,
turns his back upon his makers, refuses information con-
temptuously, and stands at bay. Here we have, then,
a defiant Minister; a House of Commons majority, cowed
by a threat of dissolution, keeping him in place ; and a
confessedly almost unanimous people without power
legally to coerce their own representatives (mark, re-
presentatives) ! or compel what they wish for three
years to come (if the Minister wills it), when it may be
too late to operate upon the question of peace or war,
settled, it may be ignominiously, in spite of them, long
before !
Is not this a pretty dead-lock for a model con-
stitution '1
But without declamation or hard words, seriously as
men of business, and of ordinary prudence, is it wise or
expedient to create an indissoluble contract for so long a
period ? Would a Joint Stock Company choose its
manager, a manufacterer his foreman, or a merchant
his clerks and agents for 7 years, without power to dis-
miss them meanwhile, for incompetence or dishonesty ?t
Yet this the people of England do collectively,—nay,
worse, infinitely worse !—(to use the form) they elect a
board of directors for seven years, who themselves choose
a chairman, and he has the power (which the people who
choose them have not) to put an end to their functions
whenever he pleases ! Who cannot see that they have
a more immediate interest in pleasing their chairman
than their constituents ? Far, far better would it be if
the Septennial Act is to continue that its operation
should be as independent of the will of the Minister as
it is of the people.
Then should we escape the injury of coerced legisla-
tion, against the wish and judgment of the instruments
who effect it. Then should we be sparkicl the bad laws
•f the early sessions, and the anarchy of increasing con-
tumacy and rebel'iou as the Parliament verges towards
its inevitable termination.
In every way, as I conceive, so long is term is inexpe-
dient. Who caa provide by anticipation for a period of
seven years?

At tie opening of the present Parliataent the great
issue was the continuance of free trade. Well, /4 month
settled that;—the people had given their instructions,
and the act wits duly accomplished. What then ? A
month's mission and a six years carte bromche?
Could nothing of importance arise dumanding in turn
similar authority ? Why the greatest event of the half
century hap burst upon us like a torno la, and no man
dreamt of instructing his represeatativa how to act in
such an emergency !
A great European war and Asiatic war, is that of no
moment ? Death, famine, revolution, the overthrow of
empires is in the blast of its appalling tranapets. Honour
or disgrace, safety or destruction, hope• or despair, for a
third of the human race is in its conduct. and conclusion ;
and Britain (with all her clependen,2iest in both hemi-
spheres) has no power over it but in the, airy threats of
public meetings, and the mutterings of a tardy retribu-
tion. Vox et prceterecs nail. As my object is to sug-
gest, not to exhaust the subject, I beg to subscribe my-
self—Your obedient servant,

3, Church-court, Temple, 16th Jun S i,.
e, 1855. CARTER.

* The Triennial Act was passed in 16344 the Septennial
Act in 1716-7.
• Consider the lion. F. Villiers' case In illustration of