The Sun.
London, England, 1855-06-04 00:00:00

ROLLS COURT.

CLikItIC V. PENWICK -JUDGMENT.
The Master of the Rolls gave judgment this morning
in this case, which was argued before him for three days
last week. The bill was filed against the defendants,
the trustees of the estate of the late Mr. Addison Fen-
wick, of Sunderland, for the purpose of setting aside a
sale made by them of certain property, which was in the
possession of the testator at the time of his death. The
plaintiffs are infants, who were represented in the suit
by their next friend, and by their bill they contended
that the sales ought to be set aside on the ground of
the inadequacy of the price given ; that they were re-
pugnant to the provisions of the testator's will, and that
it was against all rules of equity for a trustee to sell to
himself. The testator, who was a man of considerable
wealth, was the owner of large breweries in Sunderland
and Chester-le•Street, also of an extensive glass house in
Sunderland, and property called the Deptford Brewery
Estate. He died as far back as 1842, and by his will
he vested the whole property in his brothers as trus-
tees, declaring that if they were desirous, or should
think it expedient to carry on any or all of his trade they
should be at liberty to do so upon paying such sums of
money as competent valuers should fix 'for them. Upon
the testator's death valuers of undoubted ability and

_________—
honour were appointed, who set a value upon the pro-
perty, and that valuation was sought to be set aside cn
the ground that the parties purchasing had appointed
the valuers themselves, and that the consideration was
inadequate. His Honour, after going at considerable
length into the case, stated his opinion to be that the
sales that bad taken place, with the exception of the
Deptford Brewery property, were such as the Cow t
would countenance and ought not to be disturbed. With
respect to the Deptford Brewery, that was a sale that
could not be supported, as it was, in fact, a sale by a
trustee to himself. -Under these circumstances, his
Honour would pronounce a decree dist:hissing the bill
as far as it sought to impeach the sale of the Chester-lc-
street and the Sunderland Breweries, and the Glass-
house property, at the same time directing an inquiry
whether it would be for the benefit of the infant plain-
"'ifs to confirm or disturb thesale of the testator's moiety
in the Deptford property, the costs to be the same as in
an administrative suit.

SPORTING NOTES.

ANTICIPATIONS ABOUT ASCOT.
Expectations have been indulged that the Ascot
Meeting would be dreary and uninteresting. The ab-
sence of the Court was talked about, -whilst the seeming
scanty supply of sport caused book-makers to entertain
doubts whether they would be enabled to pursue their
calling with profit and effect. The prospect is, however,
brightening. It is announced that the Queen and
Prince Albert will be present, and, judging by the
stabling engaged, the fields are not likely to be so
small, nor the racing so unimportant, as was antici-
pated. That "shortcomings " are displayed in the
programme is undeniable ; still they are not of a nature
to excite uneasiness as to the popularity of the gather-
ing. The causes to which they may be,traced are too
well known to require indication.
The Trial Stakes closed on Saturday with six nomi-
nations, Despite the " saving clause," which places an
extra 9 lbs. on both Coroner and King of Trumps, I shall
expect to see those horses first and second. My pre-
ference is for the young 'un.
The Welcome Stakes seems likely to be reduced to
a match between Para and Flatterer, and the horse will
perhaps first catch the eye of Judge Clark.
Towards the close of last week Mortimer was placed
" under suspicion" for the Ascot Stakes. The suc-
cess of his stable companion, Saucebox, at Manchester,
has apparently renewed the confidence of his partisans.
If well and meant Mortimer will indubitably be a dan-
gerous antagonist. The animals which he will encounter
are certainly not of a very superior stamp, and this cir-
cumstance, coupled with the consideration of his Ches-
ter running, is sufficient to sustain the expectations of
his backers. Hungerford is much fancied, and has been
supported with spirit ; still I deem him somewhat too
heavily weighted. If public running afford any criterion
of ability, then Quince, who will meet Hungerford on
9 lbs. better terms than at Northampton, ought to be
capable of making the old horse "safe," and of taking a
prominent part in the encounter. Ireland's Eye
is favourab:y weighted, and Wells is "on the
muzzle" to ride him. The distance, however, com-
pels me to hesitate before placing confidence in him.
Of Hospodar I entertain no expectations, because, how-
ever leniently he may be handicapped, I deem him in-
capable of staying over a mile. Despite the support
conceded to Vandal, I have but slender faith in his racing
ability. Of the three-yr-olds, indeed, lam induced to
believe that the Sailor will prove the most formidable.
Biuebeard is an outsider entitled to notice. lam fully
prepared to see him run forward. Pantomime is, it is
said, "intended" for this event, and that his party are
in earnest. The recollection of the trick which was
played with him at Shrewsbury last autumn compels
me to regard him with suspicion. The three animals,
indeed, which I am inclined to select against the field are
BLUEBEARD, MORTIMER, AND QUINCE.
Rataplan has inturred so many penalties that I am in-
clined to doubt his ability to carry off the Vase. Tumb-
ler, Fandango, and Oulston are likely to contest the
prize. The race will, in my opinion, be between the
two first mentioned ; and at present I am induced to
make election in favour of the Tumbler.
Unless Aurifer possess racing merit which the public
" wot not of," Hazel will doubtless carry off the Asco
Derby.

Habena will win the Triennial Stakes, and thereby
show how unjustifiable was the scratching of her for the
Oaks.

The Triennial Stakes for two-year-olds will perhaps
bring out Fly-by-night and Pohnoodie, animals that
have already been heavily backed for next year's Derby.
The only information to be gathered respecting them is
(derived entirely from "hearsay," and the respective
partisans of the two youngsters are equally sweet. My
inclination leans towards Polinoodie.
He would be a bold man who would attempt
to indicate the absolute winner of the Royal Hunt Cup.
The following "lot " comprises the animals which I con-
sider handicapped on advantageous terms :—Nabob,
Hospodar, Epaminondas Pumicestone, Exile of Erin,
Vanderdecken, Octavia, Flatterer, Catspaiv, and Pal-
merston. The three which I may be inclined to stand
on are Nabob, Hospodar, and Exile of Erin.
Queen's Head will doubtless place the Fern Hill
Stakes to Mr. Howard's account. The 15 Sovs. Sweep-
stakes I assign to Noisy, and the Triennial for 4 yr-
olds to Bribery. For the Coronation Stakes I shall select
Rambling Katie.
I shall reserve the items on Thursday's and Friday's
list for discussion on Wednesday. Some uncertainty
exists at present whether Virago will run for the Cup,
and an opinion prevails that she is a confirmed " roarer."
Be this as it may, I shall place my entire confidence in
Rataplan. A FRESH MAN.
June 4.

ARRIVALS AT ASCOT.
C by Don John, out of Moor's dam, Winkfield, Loey,
2 yrs, Tumbler, Icarus, King Chat, Para, Typee, Sailor,
Hospodar, Newbold, Samaritan, Oulston, Fandango,
Habana, Claret, Joshua, Clotilde, Pumicestone, Orson,
Thames Ditton, Cavalier, Star of Surrey, Bribery, Eglan-
tine, Fayaway, Pugnator, Palmerston, Bird-in-Hand,
Tiney, Nicotine, Ida, Besika, Noisette, Epainiziondas,
Bluebeard, Pit-a-pat, 2 yrs, Corcebus, Affghan, Sauce-
box, Shoreham, Quince, Oltenitza.

ALARMING STEAM-BOAT COLLISION IN
THE RIVER.

Yesterday afternoon an
accident,
of a rather alarming
nature, but which was providentially unattended with
any serious consequences, occurred to one of the
" Citizen " river boats at Putney-bi idge. She left
Cadogan pier about half-past three o'clock, with a living
freight of human beings, to the number of between
two hundred and three hundred persons, the
majority of whom were bent upon enjoying the
lovely sunshine in the neighbourhood of Kew and
Richmond ; and ran fairly with the tide, the current of
which was swiftly flowing, without the occurrence of any
untoward incident, until she arrived at the point we
have mentioned. There is, as every one is aware, but
one arch under Putney-bridge, which is commonly used
for steam-boat traffic—indeed it is the only one which
is available, and nearly ahead of it on the other side•
a mass of heavy piles has been driven into the river as
a portion of a series of large wooden platforms intended
to be made use of in the erection of a new bridge.
To avoid coming in contact with these, as they are only
a few yards in advance after passing under the arch at
the best of times must, we should imagine, render very
careful and skilful navigation necessary, but when the
tide is running up the difficulty of bringing a boat
round to answer the helm in time to keep clear is obvi-
ously increased. Just as the Citizen boat was emerging
from the arch, her speed being very swift, it became
evident to some of those on deck that a collision with
the piles was inevitable, and in a few seconds their fears
were verified by a violent crash, the falling of the heap
of piles downwards into the river, and the splintering of
the paddle-box. The consternationwhich prevailed amongst
all on board, particularly the ladies, can be better ima-
gined than described. A general rush was made by all
in different directions, and it was with some difficulty
that the captain 'succeeded in inducing them to remain
still, and assuring them that there was no danger. The
impression at first was that the boat was sinking, but
happily the extent of the injury she had sustained proved,
upon examination, to be only the smash of her paddle_
box, and the disabling of the paddle. The steam was
shut off by the engineer directly he felt the shock, and
the anchor having been let go the vessel swung round to
the tide and rode safely in the centre of the river until
another boat came up and took them off to their desti-
nation. Considerable delay, however, took place before
it came up, and a number of passengers availed them. selves in the meanwhile of the opportunity of goingm. awshhiocrhe
flockedafforded
rtoou
round
them by
di
disabled
e dw abtoearrnt e n
of
all on board was mostth
e providential,pil
ae sn,dthheP
roasba,bililiatyd-
the vessel struck "bows in "
fiasiltehnatsidsehweaywsoancldroshsatvhee
dfoeuenkdtehreede,
onse
queandcetshempigilhent
have been equally frightful. This is quo
to our know.
ledge, the first casualty of the kind v? which has lately oc-
curred from the same cause, an
currence ought to suggest to thed surely
authoritiesthis
apwripotophsitehitoeyn
opafrsopspl
shall
acs
lie d bridge whoever secondconnected
-
oever they may be, the
the piles we have alluded to in such
lngleave the navigatien under the old t
bridge—itself a, dikgrace inn place like the metropolis—
free from dagger.