The Sun.
London, England, 1863-03-20 00:00:00

•

L'Z~L-~' tc~~✓

, -../ N EIN S PAPE , - • , .
-
ii 4.4
4" % ~.,;-,..\m\-t-**HC4- -m,;•-:'') 21. :ll' : .:-.----,11,7'‘ r;
---"Ifil 4V-
- - )i''
' . 1-11111111 k , ?' ./- --e St. John's, New Brunswick, was 7,
,:,._
i.__.„
was also Mr. 'W. H. Blackburn,
1.,,.. ,
- .fsi''
,
~., *I i , , %1i.......„. A cordial vote of thanks was
14045A0
Ar.._ ,1,-,•7,-;, .)::;,4
man for his indefatigable condo ' x;''
.-,
ill
11111111400)--1
r ''' .u ' " `,s!- '1 -,' .- .° -,..-- ''s_.--.; 1•, ~,, - -'" ktA' -.._
,
separated. - --lif-----÷._
4
~,,,,,,,_,,,,,;t4,4,,,„4,-,--_,,,,,
~,...,,,,,-,i,...-T„:„*„.,:,.,-;,,---7.,,,,,-17._-,),„,,,,,,.,,_ _ _.,\,,,, --:\.o. '.;*,:',..' _„
o,* ~, k -•,,•t_00 , , DR° I . CY ..\lll7O. ASSIZE INTELLIGENO. II S
• N.-,.-1- -h -1,--q9L-s- '-'''l._ ", '' ' '
1---, 'lt,'
' ' ..----
---4.0 . _

PR1CE...,.. - ..Id.
STAMPED ....6d.

HOME CIRCUIT—MAIDSTONE, March 19.
CIVIL SIDE.

(Before Lord Chief Justice Cockburn and a. Colu-
mn Jury.)
LISTER V. HANSON.

viously arrived at Falmouth, proceeded to Ply-
mouth on the same day in consequence of two cases
of smallpox among the crew.
The Hector iron frigate, in No. 10 dock, at
Portsmouth, woe officially inspected yesterday by
the dockyard officials, prior to her being accepted
from the hands of the builders, Messrs. Napicr,
of Glasgow. There is a considerabie body of
water in the ship, but only one sign of a " weep"
can be seen throughout the entire extent of the
ship's bottom, and it is exceedingly unimpor-
tant. No iron ship, in fact, has yet been deli-
vered that represents strength and good workman-
el;ip in a higher degree than the Hector. The Go-
vernment people, nevertheless, seem bound to find
some fault, however trifling, and, to enable them to
fill up the usual scheflule have marked some six or
seven rivets i❑ the bottom plates for renewal. No
fault whatever is apparent in these rivets, and it is
doubtful whether they can be disturbed and renewed
in as sound a condition as they are at present. The
Hector has been six months in the water, and on
being docked yesterday her bottom was found to
be surprisingly clean. It has been free of all patent
compositions and merely coated with ordinary paint
and red lead.

This was an aetion to recover the sum of £l5O
from the defendant, under an agreement entered
into, is alleged by the plaintiff, that he should ride
etc( p!e-chase horse for winning purposes, and that
lilacs
t he
ttchgot defendant,es rprl,l),l,,t:B)lrgirnaidsttnsi,lnifflielt(ptihilsiiirej3n!iapdo:diti
ieEziebliaatdeiessinffi,
saltda
cevsngtneineirdtioneee.,adsod,dniff:h:b.,:i.
aorvt;illwi
irbie,
‘ergixue.; msosedtt,,n:
tt(t (htThedtee:i
that he had wen the sum of v 289 with the horse iu
unsel
Q
r.
amount of £350.
Mr.
and Nr. Glrtli for the defendant.
well-known lc.iner of racehorses., who nipi.,l
ing citatiishinent at Hedneeforri Hall, StAlloru-
shire ; and the defendant is a horse dealer at
Beverley, in Yorkshire. It seemed that the plain-
tiff had purchased a mare at the Birmingham
Repository, then known by the name of Echo, for
£5O and that he changed her name to Topsy, and
that he entered this mare to run in several
steeple-chases ; but as he said she was "
fortunate,"and only came in second, and at the time
the agreement was entered into that was the
ground of the action she had only won two or three
hurdle races, but was considered a promising animal.
The plaintiff had been on intimate terms with the
defendant for several years, and, according to his
evidence, the latter came to his establishment in
Staffordshire, in the month of Jaly,lB6o, and looked
over his stock and informed him that he was about
to go to Germany, where he did a considerable
trade in his business as a horse dealer, and he wished
the plaintiff to let him take a racehorse with him
that was likely to win in some of the races in that
country, as he said it would place him in a better
position in his own business if he were known to be
the possessor of such an animal, and he desired to
have Topsy. The plaintiff represented that he
at first refused to let the mare go, as there were
many stakes that she was capable of winning in
this country, and the defendant offered to give him
the whole of the money that she won, He told him
that he knew he could not do that, and he ulti-
mately offered to let the defendant have the mare,
undertaking at the same time to run all the
risk of any accident or mischief that might
happen to her, upon the understanding that
the defendant should pay all expenses, and give
him half the winnings. The defendant was repre-
sented to have consented to this arrangement, and he
took the mare away with his own horses, and she
ran at several races, and the parties met at York
races in August, 1860, and the defendant then stated
that the mare had already won £2OO, but he said he
could not give the plaintiff any money at that time,
as he should want it to pay the stakes for other
races for which the mare was entered, but he handed
the plaintiff a silver cup, which he represented was
worth
down to thatasohis share,
period.
other races, but not, as it would seem, with any
very great success, the largest stake won by her
andTh toe m
armare ran represent
n a his
is
win-
ningsseveral
being at the races at Baden-Baden, where, it ap-
peared, she was again " unfortunate" in coming in
second, but as it appeared that the horse that came
in first went on the wrong side of the post at the
finish, there was a dispute, and in the result the
mare received the stakes, which amounted to 360
louis d'ors. The " gentleman rider," this being a
race of that description, however, when he received
the stakes, claimed 60 louis d'ors as his share,
and his expenses were likewise paid, and the result
of all the performances of the mare at the different
German race courses was an admission under in-
terrogatories ordered by the Court, that the sum she
had won was £289, bat against this there was a
set-off for expenses, as above stated, to the amount
of £350. This set-off was admitted by the plaintiff
to be correct, but it was contended that under his
agreement he had nothing to do with the expenses,
for which the defendant was alone responsible, and
that he was entitled to a clear half of the winnings.
The Lord Chief Justice then summed up the case
to the jury, and said that really the only question
they had to decide was which version of the agree-
ment between the parties was the true one.
The jury retired to consider their verdict, and
were absent for nearly two hours. They then re-
turned into court, and gave a verdict for half the
amount of the winnings by the mare, but, upon the
application of Mr. Hawkins, his lordship directed
that execution should be stayed.

A screw steamer, supposed to be the Wyse, Mas-
ter-Commander Valentine Roberts, anchored at
Spithead last evening from the West Coast of
Africa.

Some important firing at armour plates of French
manufacture will take place at Portsmouth to-day,
under the supervision of Captain R. S. Hewlett,
C.B.

It having been in contemplation for some time
past to establish a naval police in Woolwich, on the
principle of the military police, commanded by
Brigade Major Milward, a number of non-commis-
sioned officers and privates belonging to the local
division of Royal Marines were yesterday discharged
from the service, and were enrolled in the new force
to be commanded by the senior officer of the dock-
yard.
Her Majesty's paddlewheel steam sloop Hydra,
paid off at Woolwich in August last, from North
America and West Indies, has been taken up by the
shipwright department, and is progressing rapidly
for service. She will be entirely stripped to the
framework, and will be rendered equal to new.
The Kite, which it is expected will be ordered to
be broken up, will be paid off at Woolwich to-mor-
row.

The following appointments were made yesterday
at the Admiralty :—W. C. Beck, engineer, to tho
Indus, as supernumerary ; A. Smart, assist.-engi-
neer, to the Cumberland, for the Snipe; Peter
Thompson, assist.- engineer, to the Pembroke; J.
Edwards, second master, to the Pandora; F. Seaton,
second master, to the Sparrow; J. D. Willshire,
second master, to the Megmra ; R. F. Bellis, mas-
ter's assistant, to the Pandora; and Pownal Aplin,
master's assistant, to the Sparrow.