The Sun.
London, England, 1852-01-14 00:00:00

QUEEN'S BENCH.-(THIS DAY.)
COCKBURN V. TUE CECURCIII.VARDENs AND OVERSEERS OF
THE PARISH OP ST. 3TATITIN-IN-THE FIELDS.
Lord CAMPBELL delivered the juzigaient of trio Court
to this e.ise, was en flppe.-,al by 6ir John Cockbaro,
as trustee of the United Service Itietitution, against
parochial rate nr_de by the parish of S. Martin-ia-thc-
I!oids. The applicant &tinted art exemption for the in-
stitution from all parochial rtv.es, on the ground that the
institution was establishrei fur the advancz-rnent
of
science, and therefore cam) within the meaning of
the 6th and 7th Viet., chap. 36, which was au
Act entitled "Au Act for Exiiipting from
Parochial and other 14-. cal Rates the Lands
and Tenements ccialpied by Societies. or Literary
Institutions that were exc'isively directed to the ad-
vancement of Science or the Fine Arts." The Court had
no doubt whatever that the United Service lustaution,
being a depository for arms and implements of war, was
intended- to assist the development of the science
of warfare in the army and navy, while the art of war
itself might be looked upon as one of the fine arts; but
this institution was not exclusively directed to the pur-
poses of science or art, and it therefore was not entitled
to the exemption which the applicant claimed for it.
The Court were of opinion, that the rate appealed
against was good; and the decision of the Court of
Quarter Sessions to that effect must be confirmed.
The rule for quashing the order of the Quarter Ses-
sions was accordingly ordered to be discharged.

TESEY V. HODHAH AND ANOTHER.
Mr. BRA.MWELL applied to the Court for a rule to
show cause why the verdict in this case, found for the
plaintiff for 1331. 17s. Bd., should not be set aside and a
new trial had on the ground of surprise. The action
was brought to recover the money for freight, but the
defendants pleaded that they had paid it to the plaintiff's
agent. The plaintiff, however, who was put into the
box on the trial, stated that before the money was so
paid he told the defendants that he had rescinded the
authority of his agents to receive it; and upon the
strength of that evidence the jury gave a verdict fur the
plaintiff. It had since, however, transpired that this in-
timation was not given until after the money had been
paid, and therefore it was of no force whatever.—Rule
nisi granted.

EXCHEQUER.-(T HIS DAY.)

BLUCK V. GOMPERTZ.

This action was tried at the last sittings after term in
Middlesex, before the Lord Chief Baron, when a verdict
was found for the plaintiff for 3501.
Mr. KNOWLES now moved for a rule to show cause
why the ♦erdict should not be set aside and a new trial
bad, on the ground of misdirection by the Learned
Judge. The action was on a guarantee, which was
given by the defendant to the plaintiff, under the fol-
lowing circumstances:—The plaintiff was a wine-mer-
chant in Bucklerabury, and the defendant proposed to
obtain for him an order from Mr. Morgan John O'Con-
nell, M.P., for a large quantity of wine. The plaintiff
accepted the proposal, and the defendant undertook to
procure Mr. O'Connell's acceptance to bills of exchange
for the amount— one for 2001. and the other for 1501.
and to see that they were paid. The wine was supplied,
and the defendant banded to the plaintiff a bill for 2001.
and another for 1461., both of which were accepted by
Mr. O'Connell; but these sums were never paid. Mr.
Knowles now submitted that, as the bills delivered to
the plaintiff were not for the same amounts as were
mentioned in the guarantee, the action could not be sus-
tained.--Rule granted.
•

MIDDLESEX SESSIONS.
(THIS DAY.)
Henry Fall was indicted for assaulting William Frank-
lin in a coffee-house in Brydges-street, Covent-garden,
of which the defendant is the proprietor.
The prosecutor is proprietor of dining rooms in the
Strand, and had entered into negotiations for the sale of
that business, in which negotiations the defendant was
in some way mixed up. On the evening charged in the
indictment the prosecutor called at the defendant's house,
where an altercation ensued, which ended in a scuffle.

The case occupied a considerable time, but the jury
Ultimately Acquitted the defendant.
Frederick Scarth, a man of iashionable and rather mi-
litary appearance, was indicted for astaulLing a gentle-
man-named Theobald, in Portland-placc, on tee night of
thnith of November last.
It appeared that the prosecutor, who is a gentleman
of independence, residing in the neighbourhood of
aling, and the defendant, who is also in independent
circumstances, and formerly held a commission as cap-
tain in the service of the Queen of Spain, formed an ac-
quaintance on the continent, and parted in the early part
of the present year on friendly terms at Ostend. They
merafterwards in London, and remumed theirsequaint-
alloo- On one ocCasion, when they took some ladies on
Party of pleasure, they dined in the evening at an
hotel in Ealing; when some observations made by the
defendant were considered offensive by a lady who was one
of the friends of the prosecutor, and she throw a glass of
wine over his face. 'This gave rise to a quarrel between
the gentlemen, and they parted with fecingi of mutual
angel'. A few nights afterwards, as Mr. 'Theobald was
getting into a cabriolet, in Portland-place, about half-
past twelve o'clock, he was recognised by-the defendant,
/vbo was passing at the time, and instantly struck him
with hea
is he.—This was the assault complained of. The
qdefendant was found Guilty, and sentenced to be impri-
soned for One month.
Thomas Hogg, an old pensioner and Waterloo man,
wa
Convicted of attempting to steal a great-coat and
other articles, the property of different persons. Re-
spectable witnesses gave him an excellent character for
Probity and good conduct up to the time of the present
charge, and in consideration of that character, together
with his age and services, the Learned Judge sentenced
htn but to imprisonment for one month, without hard
abour,

SPORTING NOTES.
No. CLXVII.
ANALYSIS OF THE SEVENTY-THIRD DERBY.

(Concluded from No. CLXVI.)

" In my way I have some taking features not obvious
to vulgar eyes, that are indication of a sudden turn of
good fortune in the lottery, promising a great success'
reserved alone for me by a private intrigue of destiny,
kept secret from the piercing eye of perspicuity, from
all astrologers, and the stars themselves."—Love for
Love, Act 5, Scene 1.

TO THE EDITOR OF THE SUN.
Sia,—Having touched upon most of the Derby lot, I
shall to-day prooeed to a winding or summing up of the
Whole account.

DUCKER'S
stable has two Derby nags in it, of which only one is in
training, and that is Mr. C. Derrien's bl C CHIEF BARON
litcuoLsorr, by the Baron out of Ally Croaker. - This
horse has appeared in public thrice, winning once, run-
ning a dead heat, and finishing by being beaten. At
Stockbridge he ran two dead heats, and afterwards
walked over, dividing the Triennial Stakes with
Kingston. In this race he beat Joe Miller and three
others. If it had not been for the speedy powers of
Kingston, the Chief Baron (who is not remarkable fur
any other powers than thole of staying) would in my
opinion have won this race easily, but as Kingston was
on his favourite distance it has turned out otherwise.
At Winchester the Baron won the Triennial Stakes,
giving away a considerable weight to a couple of brutes.
At Goodwood ho was not placed for the Molecomb
Stakes, won by Glenluce, the extra w eight turning the
scale against him, and the distance not being far enough
for his peculiar powers. The Chief Baron is in splendid
trim at tho present time; is enjoying first-rate health,
and doing gentle work. The people in the vicinity
of Sennicot's declare, if he keeps to his work, that
the Derby is over. I am of opinion that he is suited in
ovary particular to the Darby course, and that ho will
be one of the most formidable rivals on the day that the
cracks will.find.

ViTADLOW
of Stanton, has but one hince engagtd in training for
the Derby, namely:—Mr '
Out
of
pant ilaiford'a b e PEPPERMINT, by
Sweetmeat,
Mili°sn'o:frdehas already given signs
brother to the Prime This well-bred halt-
of proving a roarer; thi, '
favourable to his chance.
he has been out three times,
He course is anything but
winning twice. At Derby
w the Chesterfield
Stakes very easily, beating Conrad
Jemima filly, Big Wig. Collina fm,' .G„Arey Tonnny,
At Wax wick he ran third to Greir'.l,7„,tw° others.
Bedford won a 10 soy. stabs, beating if..;n7i and at
Grey Tommy, and six others. Although this wast°nian'
of my original selections for the Derby. yet at the onpre-
sent time I cannot recommend any dependence to heplaced in him.

A. TAYLOR,
of Marlborough, has a couple of Mr. J. Stanley's rags
in training—namely, a b f by Touchstone, out of
Cheshire Witch, who, of course, will be nowhere; and
Mr. Waller's norninatiot), b c ORELIO, by Orlando out
of his Regalia's dam. This latter animal is perfectly
dark, but has got a first-rate private reputation;is fur..
nishqd with remarkably fine quarters, and if gifted with
staying qualities in proportion to those of sp,ol, which
he possesses, must have a tolerable chance tor the great
event. At some future time, when the snason is more
advanced, I will give a definite opinion of this horse's
merits.

PERCY,
Of Prinpern, has three nominations of Mr. Sidney Her-
toert's at work—viz., a h c by Sir Hercules,out of Odessa,
who could not win if &lowed a stone; a br c by Sir Her-
cules, out of Miss Lett}, a moderate animal with bad
legs; and ch C CONSTANTINE, by Sir Hercules out c f
Etnpress, the best of the trio; but anything but crack
is the best.

ATKINSON,
of Richmond, has Sir W. Milner's eh. a Tun GOLDEN
Ace, by The Era, out of Osberton's ehm, and
in'Lord Zetland's ch c-Aucurr,.by Irish Bird est,c cr, out
Of Castanette's clam, under his care. The former has
never appeared in public, and i 3 not likely to gain any
advantage from being entered far the Derby, although
splendid horse for handicaps. Augur, on the con-
trary, is rapidly ircprovirig in every re spent, filling tip
and threatening to be a most dangerous rival. to
the beat in
of m this race. Last year he glsaideuel the 2.11
anY in his three spins. In the first, at the Yo
August BS ; "di
t —g, he won the Colt Sapling Stallys by a
1"-te
hr of four or five lengths; but as he only beat Young
race is no wt—i'rn, who was not quite the thing at the time, this
criterion cf his merits. His second appear-
ance, however, was much more to his rst
.Doncaster he won creCilt, ior
the Champagne Stakes, beating
Daniel O'Rourke, Bay Rosalind,
,Wryneck colt, Bird-on-the• Homebre,wed, Vortex,
Wing and two others, by
half. a "gth. Ala third and last 'go he had all to him-
self, as he did what is called " walking over" at Rich-
having one of the best chances in the ensuing Derby, and
it would not surprise me
the
pots, on a white ground, in thethe finish of -
in. the ltv.t to see the r,i(l
van at
ZACD.