The Sun.
London, England, 1852-04-29 00:00:00

fourth

SUN OFFICE, Seven o'Clock.

SHERIFFS' COURT.—(THIS DAY.)
(Before Mr. Wat . BURCIIELL.)
ARCHER 5. DIXoN.
The plaintiff in this action is Mr. Archer, the well-
known steeplechase-rider, and the defendant formerly
kept the Horse Repository in Barbican. The action
was brought to recover the sum of 51. for welds and la-
bour done.
The defendant pleaded payment.
Mr. R. B. WARDELL, plaintiffs attorney, stated the
ease. It appeared that at the Hampton Steeplechase
(Selling Stakes), in 1851, the plaintiff was engaged to
ride the horse Recruit, belonging to defendant, and the
latter agreed to pay plaintiff 51. He (Ur. Wardell) be-
lieved that the defence would be, that the money had
been paid to some third party, a person named Reuben
Reed, but the plaintiff would be called to prove that if
the money had been paid at all, it was without his
authority.
Plaintiff was called, and proved that he rode the horse
in question and won the race. He saw defendant after
the race, and he said that he had to wait to receive the
stakes, and would see that Reed should pay him the
next day.
In cross-examination by Mr. CHARNOCE, plaintiff said
he was not aware that defendant intended to ride his own
horse, but was not present at the time. Reed applied to
witness to ride half ;an hour before the starting. Reed
appeared to be acting for defendant. Defendant is the
son of Dixon, of the Repository. Dixon may have ridden
steeplechases. Reed is now dead.
Mr. John Clarke, licensed victualler, Thre.e Com-
passes, Pimlico, was present at the race. Saw Recruit,
and directly after the race defendant offered to run
it against witness's horse Rainsburgh for 100 guineas if
witness would allow a stone. In the course of
conversation defendant said he was much pleased with
Archer's riding and winning the race, and then said he
would send the money to witness's house by Reed the
next day. Witness was at home all the next day, and
did not receive any money. Shortly afterwards he ap-
plied to defendant on behalf of Archer, and defendant
said he had given Reed 5L to pay and he would see him,
and if he had not paid the money it should be sent.
Reed soon after died at defendant's house. Plaintiff
had ridden for witness.
John Fleming, groom, formerly servant to defendant,
understood Recruit belonged to him.
Mr. CHARNOCE submitted that there was no case to
prove that the horse belonged to the defendant.
The UN).3ER-SHERIFF said that if the case rested
on the phuntiff's evidence, which had been given iu a
very straightforward manner, he did not think there was
enough.
Fleming was recalled, and said that he entered the
horse for defendant in the name of Routh, in which all
defendant's horses ran. He then urged that defendant
intended to ride, and in his absence Reed was to do so,
but the latter was afraid to go the pace, and it was he
who engaged plaintiff, and that defendant could not be
liable even if he had made a promise, as no verbal under-
taking. to pay the debt of another was good, and the pro-
mise was void under the statute of limitations.
William Mills, a groom, was galled to prove that he
teok defendant's cost, &c., but he (defendant) did not
arrive till after the race. Reed ought to have ridden
the horse. Defendant is at present in Berlin. Reed
went and received the stakes. Witness has heard de-
fendant complain that ho had not received any of it.
Cross-examined—lt was defendant's horse.
The TINDER-SUERIFF said the only question was,
whether defendant engaged the plaintiff.
Mr. WARDELL, in reply, urged that Reed was acting
as 'agent for defendant.
The UNDER-SHERIFF left it to the jury to say whe-
ther they could infer that there had been any privity
between defendant and Reed, so that the latter was
the agent of defendant to contract with another person
to ride.
The jury, after a short consultation, gave a verdict for
the plaintiff.

ELECTION INTELLIGENCE.
TOTNES.
(11mM A CORRESPONDENT.)
Mr. Mills, the Liberal candidate, arrived here yester-
day, having previously issued an address to the electors,
in which he states that having been invited by a deputa-
tion of Liberal electoral° become a candidate for their
suffrages at the ensuing election, he has great pleasure
in accepting the invitation. Mr. Mills is, and has been
for a considerable number of years, an ardent Free-
trader, and will not, therefore, under any pro tence what-
ever, vote for any measure of a retrograde character,
and has no confidence in the present Government. He
would gladly support any well-considered measure for
abolishing the anomalies in our representative system,
for diminishing bribery and coercioa, and for extending
the franchise; considering that no danger can arise to
our Constitution by admitting to the enjoyment of poli-
tical rights an additional number of his fellow-country-
men. He is opposed to every religious endowment de-
frayed kora the taxes of the people, and considers the
principal objects of legislation should be to render taxa-
tion as little burtheesorne as possible to all ranks of
society; to develop° the national resources, and to do
justice to all.
A public meeting of the electors was held last evening
(Tuesday), at the Guildhall, to hear Mr. Mills ex-
explain his political principles. Charles Webber,
kf,q. (one of the borough magistrates), was una-
nimously voted to the chair. and briefly introduced
the lieu. Candidate to the meeting, who addressed the
electors in a very frank and honest speech, principally on
the subject of tree trade. His sentiments were ninch
applauded, and on this great principle of cheap or dear
bread, &c, there is now little difference of cpinion in
this locality, the main question being as to what party
would be the most likely to carry out the free trade
policy in an honest manner. In answer to an elector, as
to whether he would support the ballot. Mr. Mills de-
clared that although he had some doubts in his Mind on
the subject, he would, nevertheless, if requested by a
majority of his supporters, vote in favour of that measure,
and would also give his cordial support to a fair measure
of Parliamentary reform.
Mr. S. Hexer:km proposed, and Me. Ferris and Mr.
S. Cumming rose together to second a resolution de-
claring the opinion of the meetinc, to be in favour of
the principles advocated by Mr. Mills, and pledging the
support or the Liberal party to him at the ensuing elec-
tion. Mr. Ferris spoke at considerable length in favour
of the principles of free trade, which he has con-
sistently advocated for a number of years, and called
upon all those of his know.lovrnsmen whoivalued the
cheap loaf, and wished to see the poor well fed and
happy, to support a true Free-trader, and not a sham one,
who bad often shifted his principles on this subject. The
motion was carried almost unanimously, and with great
acclamation, ley one of the most crowded meetings held
in Totnes since the passing of the Reform Bill.
Mr. MOFFATT (M.P. for Dartmouth) also addressed
the meeting in favour of Mr. Mills, and congratulated
the Liberals of Totnes on the unanimity which ap-
peared to prevail, and heartily hoped (as he believed
would be the ease) that two Liberal Free-traders would at
length be returned to Parliament, and that Totnes may
longer send one Member to vote black and the other
ta;'4" on all vital questions affecting the prosperity of
eecountry,
and
elector as commenced a general canvass of the
eopport. haa already received numerous promises of
Mr. )34
als° jeeriedciwiri, the present Conservative Illember, has
general pole address, declaring himself in favour of the
oppose any
rim
his Lord Derby's Administration, but will
his chance woZlPositioa of is duty on foreign corn (else
possible, for there have been remote indeed, in fact im-
here to deolare titre scarcely any persons bold enough
Mr. Baldwin will %selves any longer Protectionists).
the Free-trade Contecrbae4bly secure the votes of many of
8 tins who would otherwise have
voted against him.the (Lrauch for the sliding scale of
politics adopted by
vernment candidates. A severe struggle ia expected.
DARTerti.
Mr. Moffatt, the present M "-'l-
- being certain of his
eminent
election for Ashburton
the Devonshire
boroughs), a requisition very tam °r
signed was
forwarded to Mr. Lindsay, tee
become a candidate on Liberal princi ts shipowner, to
to Commodore Herbert, one of the ley shipowner,
opposition
ralty. Mr. Lindsay's prospects of victory ae the Aelmi-
of the most encouraging nature. Indeed e said to be
If report be
true, he will be returned by a good majority.