The Sun.
London, England, 1863-07-21 00:00:00

THE SUN, LONDON, TUESDAY EVENING, JULY 21, 1863.

LAW INTELLIGENCE--This Daye

COURT OF BANKRUPTCY.
IN RE SIR A. J. D. TITCHBORNE.
A meeting of creditors was held under this estate for the
purpose of considering a proposition to raise a sum of money
for the payment of the creditors 20s. in the pound. Mr.
Lawrence stated that the debts were about £40,000, and
£14,000 could be raised on the bankrupt's interest over the
property, &c. The creditors present assented to the pro-
position, which will no doubt be carried into effect, by ob-
taining the assent of other creditors to the extent of three-
fourths of the whole number, and the bankruptcy will be
superseded. _ _

(Before Mr. Registrar Roche.)
IN RE BOUCTCAULT.
A meeting was held for choice of assignees in the case of
this bankrupt, the lessee of the Theatre Royal West-
minster, &c. _ _ _

There was a strong, contest, Mr. Lowrance proposing one
Let, and Mr. C. E. Lewis another.

Up to one o'clock debts to the extent of about £38,000
had been proved and the case was proceeding.

SHERIFF'S COURT.
(Before Mr. Kerr.)
DODGE V. GREAT WESTERN RAILWAY COMPANY.

This was an action to recover £3O 17s. 6d. damages for
lelay in the delivery of certain goods entrusted to the de-
fendants for carriage to Limerick.

Mr. Hand, of Coleman-street, for the plaintiff, said his
client had for many years past supplied the Waterford and
Limerick Railway Company with indiarubber goods. These
goods had invariably been sent to Martin Flock, Esq., and
had reached their destination. The parcel now in question,
however, miscarried, and the company would endeavour to
show in consequence of a misdirection. Now the person in
authority at the Waterford and Limerick Railway was not
Flock, but Atock, and he (Mr. Hand) would show that par-
cels directed Flock had reached his hands both before and
after this one.

Mr. Dodge said he was a manufacturer of indiarubber
goods, of Dowgate-hill. Recollected the parcel being di-
rected to Martin Flock, Esq., Limerick Railway Co., via
Bristol and Cork. That was the ordinary mods of send-
ing it.
Crass-examined by Mr. Hartell—l do not know what
address was on the parcel when it got to Limerick at last.
Mr. Atock refused to receive it, as it was so late.

Mr. Atock proved that he had received parcels and letters
directed to Flock, Block, Cock, Slock, and many other
names. They had reached his hands safely.
Mr. Hartell then called a gentleman in defendants' ser-
vice, who said that the goods reached a point of the line
when he saw them. The address was M. Flock, Limerick,
and they could not find such a person. The address was
an ordinary railway label. _

Mr. Hand—And our address was on a card sown on the
bale—in addition to which I have a letter from the company
showing the parcel to have been last at Bristol.

His Honour found that there was no defence to the ac

tion, as the only question was one of misdirection. If the
direction was altered (and it appeared to be by defendants'
servants) defendants were liable.
Verdict for plaintiff, with full costs.

POLICE INTELLIGENCE—This Day.

IMPERIAL PARLIAMEBT

HOUSE OF COMMONS.--This Day.

The SPEAKER took the chair at a quarter past twelva.

PRIVATE BUSINESS.

The Lords' amendments to the Kettering and Thrap-
stone Railway Bill were considered and agreed to.
The Aston Estates Bill, the West London Extension
Railway Bill, and the Wicklow Copper and Hibernian
Mines Companies' Bill were read a third time and passed.
The Isle of Wight Railways (Extensions) Bills, the Put-
ney and Fulham New Bridge and Pier Bill were considered
and ordered for third reading.

On the order for consideration, with a view to third read-
ing, of the Newry and Greenore Railway, Pier, and Wet
Dock Bill,

Mr. HORSFALL moved, as an amendment, that the bill
be read a third time this day two months.
Mr. ADAIR, as the chairman of the committee to whom
the bill was referred, explained that an application was
made for toe recommittal of the bill by the committee
themselves, and this seemed to be the point on which diffi-
culty was raised. He hoped the house would allow the bill
to proceed to another stage.

After some conversation, in which Mr. Massey, Sir H.
Cairns, Mr. C. Fortescue, Mr. F. S. Powell, Mr. Morrison,
Mr. D. Morris, Mr. S. Fitzgerald, and other gentlemen took
part, the amendment was negatived, and the order for third
reading was agreed to.
CONSOLIDATED FUND APPROPRIATION BILL.
Mr. PEEL moved the second reading of this bill.
[LEFT SITTING.)

SPORTING INTELLIGENCE.

TATTERSALL'S-MONDAY.

There was a fair attendance this afternoon, a large pro-
portion of members being induced to pay a visit to the rooms
in expectation of heating the final decision on the Tomato
ease, but, as the sequel will show,
acnedmivearsecdainsaied-
e-uline on the past week's racing was proceededP
pointed.
onwithw
aush soonevery
rays s
appearanceubs c riber
'O'f—money being ".all there."
lawn
we t
nt i nrogeon b
efrus t
gurroenepveedn ttsh
ewma ss
elv esdesultory,en d nwdhui
ge
eadl i
nover thelative discussions on the interminable Fern Hill Stakes case
and its influence upon future turf disputes. At intervals,
however, attention was turned to forthcoming events, and
some heavy investments were ready on the Nottingham
Handicap and Goodwood Stakes. For the latter Anfield
was made a warm favourite, and after opening at 8 to 1, at
which he was supported for all the money that could be got
on, layers pulled up half a point, but even at 5 to 2 the
backers of Mr. Greville's horse were so " fond" that
they continued to invest at the latter price. Later on,
however, a well-known bookmaker laid £llO to £4O,
and an offer to repeat the operation was quickly re-
sponded to. 100 to 15 was accepted about Bellman, 10 to
1 was offered " bar two." There was a disposition in cer-
tain quarters to back linutsford, who, it would appear, is
not quite " gone" yet; during the afternoon 20 to 1 was
the longest price obtainable. The Cup betting was merely
nominal, and speculation on the St Leger or Derby
was almost a dead letter. Before the close of the rooms it
was announced that " the committee" would meet at four
o'clock on Thursday next to give their final ultimatum in
the Tomato case. The following is the correspondence
which has passed between the committee of Tattersall's and
Mr. O'Malley, Q.C., on the Tomato case, which may take
rank among the causes eelebres of the British turf :
" Assuming that the disputed bets on Tomato were refer-
red by proper authority to the committee of Tattersall's,
either as the established tribunal for the settling of such
disputes, or by the consent of the parties interested in the
particular case, and also assuming that there is no recog-
nised custom to justify the course adopted by Admiral Rous,
I am of opinion that the committee had no right to delegate
to others who were not members of its body the decision of
a question which was submitted to itself.
" Although it might be open to the committee to call in
the counsel of others, and to adopt their views as the ground
of its own decision, there does not appear to have been any
such adoption in this case ; and the decision seems to have
proceeded on the authority of Messrs. Start and Onslow
alone ; I am of opinion, therefore, that the decision ought
not to be considered binding, and that the committee is
bound to decide for itself.
" I have, however, assumed the absence of any custom to
warrant the course taken by Admiral Rous in calling in the
assistance of Messrs. Sturt and Onslow, and that the com-
mittee did not adopt their views and pronounce an opinion
in accordance with it ; but if I be mistaken in these respects
—if it be the custom to adopt such a course where the mem-
bers of the committee are themselves interested, and the
committee acted in conformity with that custom, and
adopted the decision as its own—l should say that in a case
like this, where the obligation is honorary, and the object
is to afford a safe guide for men of honour upon a doubtful
question, the decision ought to be withheld.
(Signed) "P. FRED. O'MALLEY.

" July 3, 1863."
" From the Committee of Tattersall's Subscription-room

to Mr. O'Malley, Q.C.

"The committee being unable to gather from Mr, O'Mal-
ley's opinion whether he thinks the Tomato case ought or
ought not to be re-opened, beg he will have the goodness to
give a definite answer-- yes or no—to the question whether
the original award should stand good,"
MR. O'MALLEY'S SECOND OPINION.
"My answer to the question put to me being required
immediately after the papers were laid before me, and the
case itself not furnishing all the information I desired as to
the custom in such cases, I am obliged to give my answer in
the alternative. But from the information supplied to me
I am clearly of opinion that the original award of Messrs.
Sturt and Onalow should not stand good.
(Signed) " P. FRED. O'MALLEY.

July 10, 1863."
NOTTINGHAM HANDICAP.
sto 2 agst Brighton (taken)
sto 2 agst Dulcibella (taken and offered)
7to 1 agst any other (offered)
GOODWOOD STAKES.
sto 2 agst Anfield (taken and offered)
100 to 15 agst Bellman (taken)
10 to 1 agst Blondin (offered)
10 to 1 agst Zapateado (offered)
20 to 1 agst Grimston (offered)
25 to 1 agst Brian Boru (taken and offered)
GOODWOOD OLP.
9 to 4 agst Buckstone (taken)
9to 2 agst La Toucques (taken and offered)
7to 1 agst Isoline (taken)
10 to 1 agst Fairwater (offered)
12 to 1 agst Atherstane (taken and offered)
Tim Whiffler was struck out at 1.25 p.m. this day.
LEGER.
20 to 1 agst King of the Vale (taken and off)
till to 1 agst Bonny Dell (taken)
THE DERBY, 1864
1,000 to 40 agst Holly Fox (taken)
50 to 1 agst Sorichamp (taken)
The Tomato case will be gone into on Thursday next,

CITY BETTING—YESTERDAY.
NOTTINGHAM HANDICAP.
7to 2 agst Brighton (taken)
4to 1 agst Dulcibella (taken)
sto 1 agat Blithfield (taken)
7to 1 agat Bandage (taken)
7to 1 agat Flirtation (taken)
GOODWOOD STAKES.
3to 1 agat Artfield (taken)
100 to 15 agat Bellman (taken)
7to 1 agst Blondin (taken)
9to 1 agat Zapateado (taken)
20 to 1 agst Grimston (taken)
GOODWOOD CUP.
sto 2 agst Buckatone (taken)
9to 2 agst La Toucques (taken)
7 to 1 bar two (offered)

BETTING AT MANCHESTER—MONDAY.
NOTTINGHAM HANDICAP.
5 to 2 agst Brighton (taken)
7to 2 agst Dulcibella (taken)
sto 1 agst Blithfield (offeroO)
6to 1 agst Prince Plausible (offered)
GOODWOOD STARES.
3to 1 agst Anfield (taken and offered)
7to 1 agst Bellman (taken and offered)
7to 1 agst Blondin (taken and offered)
9to 1 agst Zapateado (taken and offered)
14 to 1 agst Knutsford (taken)
25 to 1 agst Balham (taken)
33 to 1 agst Wasp gelding (taken)
GOODWOOD CUP.
9to 4 agst Buckstone (taken and offered)
sto 1 agst La Tocques (wanted)
7to 1 agst Isoline (taken and offered)
9to 1 agst Atherstone (offered)
14 to 1 agst Tim Whittler (offered)
ST. LEGED..
4to lon the field (offered)

FATAL ACCIDENT AT WIMBLEDON.--About
o'clock yesterday a fatal accident happened to a man who
was engaged in cutting grass on the railway bank id the
Wimbledon station, South: Western line. While in the act
Of crossing the rails he was struck by a down train, and
instantly killed. The unfortunate man was endeavouring
to get out of the way of an up train, and did not observe the
other approaching.
THE ALLEGED CAPTURE OF THE MOSES TAYLOR
BY THE ALATIAMA.—From the shipping reports received at
Lloyd's yesterday, it appears that the alleged capture of the
Moses Taylor steamer by the Alabama is without founda-
tion, the arrival of that vessel at San Francisco on the 7th
June from San Juan del Sur being officially reported.
GOVERNMENT EMIGRATION.—The Mary Shep-
herd, 905 tons, belonging to Mr. Litchfield Green,
London, arrived at Adelaind, South Australia, on the 18th
April last, with 273 Government emigrants, under the care
of Clarence Chapman, Esq., surgeon superintendent, two
deaths and four births having taken place on the voyage.
The Warren Hastings, 566 tons, belonging to Messrs T.
and W. Smith, London, arrived at Brisbane, Queensland,
on the 26th April last, with 251 Government emigrants,
under the care of Charles Taylor, Esq , surgeon superin-
tendent; two deaths and three births took place on board.
EXECUTION IN POLAND.—A communication
from Kielce (Poland), of the 15th, says:—" A
gibbet was this day erected here for the execution of a
young man 22 years of age, named Joseph Guzoweki, of
Skierniwice. From the commencement of the insurrec•
tion, he had constantly fought in the Polish ranks. He
was taken prisoner in Czachowski's last engagement, and
brought to this town with several of his companions. Bail
Accused by a Russian scldier of having taken anl h
ascticrt,paanrd
in baL.'siDg Captain Nikiforaw, he found his trised,
though
General Czeugiery condemned him to be h
the evidence agmthe town in a
picion. The prisone:' was paradeid. roan.
The calm expres-
al'ist him amounted to littlde avore than
cart, accompanied accompanied by tho Abbe n
go:tilasted strangely with
who crowded
Mon of Guzowski's countenanc:,.c Fie died collected and
the sorrowful aspect of the prieklte
ofwht-oe i'vr)rsalawtifglaa'te, where the
fithremsatrmeeitstinthtehteeavirosioofittyhe the
,
gloinhbgeiii: Ras aTrhtyisrs.f,s, another victim to add to the
quaint old proverb, "is the
" POLAND, r.....
eioreociitseild:oays a
paradise, the burgher's
(*old • ',
pea....,,,, _en. and e stranger's c mine.
the nobleman's heav
"lady'" named Frances ,Shaw, whose
A young
"rs bell, the Jew;D
for the most part wealthy people,
connexions are was yes-
committed for trial, by the Liverpool m agistrates, for
terday commt
len some electro-plate forks, from the shop of a
having 140
local tradesman.
Sir George Grey has recently been suffering from
an attack of bronchitis.