The Sun.
London, England, 1864-03-23 00:00:00

THE SHEFFIELD CALAMITY.

SHEFFIELD, March 22.
The work of clearing away the mud and filth left by the
flood is being rapidly pushed forward, and the streets of the
town are now beginning to assume much of their ordinary
appearance, except that fence walls and fallen houses are
not rebuiit. Disinfectants have been freely used, and with
the best effect.
The Sanitary Committee, composed of medical men, re-
ported yesterday evening as follows :
" The committee have pleasure in reporting that from
personal examination they are able to state that the work of
cleansing the streets, cellars, back yards, courts, and lanes
is rapidly proceeding; that the health of the town is in a
satisfactory condition, and that there is every reason to con-
clude that the precautionary measures that have been and
are being taken will have the effect of preventing disease."
The search for bodies continues, and two or three are
found daily, but there are yet more than 33 missing.
The question of the liability of the Water Company for
the damage is exciting great attention here. The solicitors
appointed to act for the mill and other property owners have
taken the opinion of eminent counsel. The opinion is that
the company are unquestionably liable for all legal damage
to the extent of their capital, but not beyond that. The
estimates of damage are so large that many shareholders
have feared the capital of the company (£100,000) would not
cover the damage, and that their private fortunes would be
responsible. The opinion of counsel will therefore be a
great relief to them on that point. More sober estimates
give the damage at considerably less than £400,000 ; but
only the roughest estimates can as yet possibly be made.
The contribution of the Prince of Wales to the distress fund
is £2OO. The Princess of Wales has contributed £5O, and
the Duke of Cambridge £5O.
M. A. Mille, the engineer in chief of bridges and cause-
ways to the French Government, has come over to examine
and inspect the dam, and visited it to-day in company with
Mr Rawlinson, the Government engineer, and Mr Beard-
more, an engineer sent down by the Government to assist
Mr. E,awlinson.

ASSIZE INTELLIGENCE,

NORFOLK CIRCUIT.—CA3IBRIDGE, March 22.

:Sittings at Nisi Prius, before Mr. Justice Crompton and a
Special Jury.)

THE EARL OF COVENTRY AND OTHERS V. WILLES.
Mr. O'Malley, Q.C., and Mr. Bulwer were for the plain.
tiffs; and Mr. Keane, Q O„ and Mr. Phear for the defen•

This was an action of trespass brought by the plaintiffs,
who are the stewards of the Jockey Club, against Mr. Wm.
Willes; who is the sporting correspondent of the Morning
Post, writing under the nom de plume of" Argus," for wil-
fully trespassing on the part of Newmarket Heath, called
" the Flat," after notice given him by the plaintiffs
(owners) not to do so. The defendant pleaded three pleas :
First, not guilty ; secondly, denial of the plaintiffs' right of
possession ; and thirdly, that he committed the trespass
complained of by the leave and licence of the plaintiffs.
Mr. O'Malley stated the case to the jury, and then
Mr. Charles Weatherby was called, and examined by
Mr. Bulwer—l am secretary to the Jockey Club at New-
market, and have been so for twenty-eight years. Lord
Coventry, Admiral Rous, and Mr. Alexander (the three
plaintiffs) are members of the club. In 1563 the same
three gentlemen were the stewards. I know that portion of
the heath at Newmarket called " the Flat." Payments have

been made by various persons in respect of occupation of
" the Flat," I have known payments made by me for the
stewards of the Jockey Club for rolling, levelling, and taking
care of the ground. Such rolling and levelling was done by
ray direction, on the part of the plaintiffs as stewards. I
know Mr. Chas, Bottom. In the intermediate times between
the races the ground is taken care of for trying purposes.
Races are held twice in the spring, once in July, and three
times in the autumn. The grass is also sometimes let for

sheep-feed. The trainers make payments in respect of the
use of the ground to me, on behalf of the stewards. Mr.

Martin Stalling is employed to look after the management
of the Heath all the year round. He has labourers under
him. He is employed and paid by the stewards. Mr.
James Manning is also in the employment of the stewards.

The teed has been let to Mr. Bottom, who is the occupier

of the adjoining farm. It was partly let to him, for a short
time, in 1863, but I forget the exact period. I gave direc•
Lions to Starling that in certain places and at certain times

Mr. Bottom might feed it. Mr. Bottom paid me, for the
stewards, for such feed. There is also, on " the Flat," a
betting ring, to which persons are admitted by payment.
Mr. Fuller Andrews, a servant of the stewards, has charge
of that. He receives the money for the entrance fees, and
pays it to me. There are two booths for refreshments, for
which payments are made to me for the stewards, Autho-
rity is exercised by the stewards by regulating on what side
horses shall go, and on what side carriages, at the races.
For all payments and receipts I account to the stewards.
Carriages are obliged to go upon the racecourse by a new
road. The pests at different parts of the heath are put up
and repaired by the stewards. Posts and ropes are put up
to keep the course while the races are being run. Move-
able posts and rails are also put across the course at non-
racing times, to regulate the spots where the horses may
exercise. That is also done by order of the stewards. Admi-
ral Itous and Mr. Alexander, two of the stewards, take an
active part in tho management of " the Flat." On October
29, 1832, I wrote a letter to defendant, forwarding a copy of
a resolution passed that afternoon by the Jockey Club, re-

quiring him to make an apology for certain offensive expres-
sions used by him in a letter signed "Argun" in the sllern•
ing Post of Oct. 20. I received Mr. Willes's reply, stating
that he should be obliged by my pointing out the offensive
expressions complained of, and stating that the proprietors
of the Morning Post werefully prepared to justify in a court
of law the expressions complained of by the Earl of Win-
chelsea and Mr. Hughes, and offering to send the name of
his solicitor, to whom any process could be sent. On the
same day I received a telegraphic messege, giving the names
of the solicitors cf the Morning Post. On Nov. 3d I wrote
the defendant again, acquainting him that, not having made
the required apology, he would be warned off the land of the
club, and requesting him to acknowledge the receipt of a
notice not to trespass which was enclosed. Mr. Willes, on
the next day, acknowledged the receipt. I received a letter
from the defendant on April, 20, 1863, stating that the re-
marks complained of were penned by him solely as a public
writer, with a desire to do his duty to the public, and no
desire to give pain to any member of the Jockey Club. I
showed that letter to the stewards at once. I did not send
any answer. On the 22d I sent instructions to my solicitor,
and afterwards received a second letter from Mr. Willes.
Cross-examined by Mr. Keane, Q.C.—ln 1862, the
Earl of Portsmouth, the Earl of Coventry, and the Hon.
Admiral ROM were stewards. I was present at the
meeting of the Jockey Club, at the rooms at Newmarket,
at which the resolution of the 29th of October, 1862, was
passed, All three of the plaintiffs were present at that
meeting. The resolution was moved by Lord Winchelsea
and seconded by Admiral Rens, It was not carried una-
nimously. Thirteen members voted for it, and seven
against it. I have not got the names of the seven who voted
against it. It had been previously moved by Lord Strad-
broke (the brother of Admiral ROU.B) " that it was not expe-
dient to take notice of anonymous writers in public
papers," but was lost by 12 to 10. It was well understood
that the defendant was the author of the letter. Part of the
letter was read to the meeting. At the meeting on Oct. 31,
the three plaintiffs and 11 other members were present.
There are about 80 members of the club altogether. There
was a division on an amendment moved by Gen. Peel,M.P.,
that a special meeting of the club should be called to take
into consideration the letter of Mr. Willes. That was
seconded by Mr. Greville. It was lost by 11 to 6. The ori-
ginal resolution, proposing that Mr. Willes should be warned
off the course, was moved by Lord Winchelsea and seconded
by Lord Glasgow, and carried by 11 to 6, The defendant's
letter was read to that meeting. My experience of the Jockey
Club at Newmarket is considerable. Nobody has ever, to
my knowledge, been warned off before for such a cause as
this. There is the case of a gentleman who has been warned
off for affronting a stewar‘l of the Jockey Club in the exe-
cution of his duty. The Jockey Club have given the
stewards a general discretionary power to warn tiff the
course. The races are advertised, and the owners of horses
are invited to come and enter them. There are stands,
which are used by the members only, and public stands. The
public are never warned off, provided they go itro the right
places, Each of the plaintiffs has referred in my presence
to the rules of the club as guiding their conduct as
stewards. A great part of the ground upon which the
horses are trained is not the freehold of the Jockey
Club. My accounts with the stewards are laid before the
members of the Jockey Club at the annual financial
meeting in the Craven Meeting week, There is one new
steward every year, each steward remaining in office
three years. The stewards said that Mr. Willes's letter of
the 24th of April was not sufficient. I was not told to
answer it. Lord Coventry told me that he had seen Mr.
Willes on the Heath, and that he must not come. That
was on the Tuesday. I understand now that it was ar-
ranged that Mr. Wines should commit a formal trespass
on the Heath, in the presence of Mr. Kitchener's clerk.
Re-examined by Mr. O'Malley—The defendant was not
the owner of a horse, or a member of the Jockey Club.
Richard Cole deposed—l delivered a letter to the defen-
dant personally on the 22d of April. It was from Messrs.
Kitchener and Jean, stating that they had been instructed
to proceed, and informing him that, if ho persisted in going
on the Heath, they should bting a separate action in respect
of each trespass, and apply for an injunction under the
Common Law Procedure Act. The witness proceeded—
I went on "the Flat" on the 23d of April, for the purpose
of seeing if the defendant was there. The defendant rode
up, alai asked if my name was Cole. I said "Yes," and
he said ho was glad of it, as he had seen Mr. Kitchener,
and he had arranged with him that I should be saved a
journey to London, and that there should be no mistake as
to his identity. I then served him with the notice.
Mr. O'Malley briefly summed up the plaintiffs' case to
the jury. It was admitted that the defendant had trespassed
on the course for the express purpose of raising the question
of right. With respect to the occupation of the land, the
defendant had got enough facts to raise the point of law, if
there were any, in a court of law hereafter. Ho was at a
loss to understand what question there was for the jury.
The action really was an undefended one.
Mr. Justice Crompton summed up, and the jury found
for the plaintiffs, damages Id. His lordship certified for
the costs of the Es.cial jury, •