The Sun.
London, England, 1863-11-25 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, NOVEMBER 25, 1863,

LAW INTELLIGENCE--This Day.

COURT OF QUEEN'S BENCH,

(Sittings in Banco, before Lord Chief Justice Cockburn,
and Justices Wightman, Blackburn, and Mellor.)
THE QUEEN V. HURST-THE NEW GAME LAW.

In this case Mr. Quain had obtained a rule against two
of the Justices of East Retford, calling upon them to state
and sign a case for the opinion of this Court under the
20th and 21st Vic., cap. 43 sec. 2, they having heard an in-
formation at the instance of Robert Sandford, the Superin-
tendent of Police of East Retford, against one Henry
Hurst, the son of a licensed victualler in that town, under
the new Game Act, for having been found in possession of
game, and having been unlawfully on land in pursuit of
game, and fined him £5. The ground for the rule was that
there was no evidence of unlawful possession.
Mr. Mellish, Q C., on the part of the justices, showed
caused against the rule.
Rule absolute.

DIVORCE COURT.
(Before the Judge Ordinary,)
THOMAS Y. THOMAS.

This was an undefended suit, instituted by Elizabeth
Thomas for dissolution of marriage, on the ground of
cruelty, desertion, and adultery.
The parties were married in April 1843, the desertion
taking place in 1857.

Mrs. Thomas said she was living at 36, Weatbourne-
road, when her husband left her. After their marriage
her husband worked as a dentist, at the time of the
desertion he was carrying on business in Fleet-street. On
the morning of his desertion he went out to business as usual,
but she had never seen him since. In the April following
she received a letter from him, to which she replied stating
that she did not wish to hear anything more of him. He
left without any provision for her, and surrounded by debt.
There were four children, and she had since heard he was
living in Wales. She had never received any money from
him.

Other evidence having been given,
The Judge-Ordinary granted a decree nisi with costs.
CHM' V. CHIPP.

In this part heard ease the wife prayed for dissolution of
marriage. The husband was a traveller to a tobacconist.
The case was fully reported, and the allegations established,
but the case stood over for some aMitional evidence to show
that there was no collusion between the parties.

Decree nisi with costs.
ELSLEY V. ELSLEY AND BEECHAM.
In this case the petition for dissolution was presented by
the husband. The marriage took place in 1865, the sepa-
ration in 1861. The respondent for about 18 months be-
came addicted to drink, and eventually fell into very de-
praved habits. After she had pawned every article she
could move from her home, and all the children's clothing.
she left her husband and became acquainted with Beecham.
Decree nisi.

REDFERN V. REDFERN AND STORY.
In this case the husband was the petitioner. The parties
resided at Sheffield, and had been married twenty years. In
consequence of Mrs. Redfern's continued absence from her
home, the petitioner remonstrated with her, and the result was
a separation, he allowing her £1 per week, and leaving her
in possession of the house of furniture. In 1861 she sent
the whole of the furniture to an auction mart, sold it off,
and then formed the improper intimacy which led to the
present proceedings.
Decree nisi granted.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
RE COLONEL WAUGH.

His Honour to-day gave final judgment on the applica-
tion for release from custody. He reviewed all the facts of
the case, and ultimately said that, as the assignees had
unreservedly withdrawn their opposition, and as it was
manifestly to the interest of the creditors that the bank-
rupt should be released from custody, to enable him to
assist in preparing his accounts, he (his honour) should
exercise the unlimited discretion given to the Court under
the 112th section of the Bankruptcy Law Consolidation Act,
and order the bankrupt's release; but, as the detaining
creditor might have a right of appeal, although he (his
honour) doubted whether he had, as the pruof of debt on
which the capias on which the bankrupt had been arrested
had been rejected by the Court, and as no steps had been
taken to enforce the claim, he would suspend the issuing of
the warrant for 14 days.

POLICE INTELLIGENCE—This Day,

MARLBOROUGH-STREET.

FRENCH TRAVIATAS.—In former years scarcely a day
passed without a number of French prostitutes coming before
the magistrates of this court on all kinds of charges, with
applications for summonses of every sort—assaults, threats,
abuse, &c, The magistrates bound them over to keep the
peace over and over again, but without any result, and only
the abolition of the brothels in Queen-street and Gerrard-
street by the parish authorities of St. James's had the
desired effect of dispersing these women from the small space
of ground they formerly occupied almost to themselves in
large numbers. It was, therefore, a matter of Burp ise when
last week about a dczen of these traviatas besieged the
court, applying for summonses one against the other for
assaults. Mr. Selfe, the presiding magistrate on that occa-
sion, thought he could not do better than to grant to each
applicant as many summonses as she asked for—at the cost
of 2s. each. The consequence was that about ten sum-
monses were taken, cross-summonses over cross-summonses.
The first summons which came on for hearing was "Marie
Delisoe v. Anna Boleyn" for assault, and on the defen-
dant being asked how she came by her name, she replied
'' That she believed she came down from Henry VIII."
Tha next summons was " Anna Boleyn v. Marie Delisle "
for assault ; then " Mole Bernard v. Anna Boleyn," and
"Anna Boleyn v. Felicie Bernard ;" these were followed
by "Felicie Bernard v. Segura" (a friend of Anna Boleyn's)
and "Segura v. Marie Delisle," and some others. These
cases were heard one after the other, and at last with the
assistance of the interpreter at the court (Mr. Charles Al-
bert) the cases were got through, the result being that
Marie Delislo, a most notorious French prostitute (living
with a convicted thief, Pierre Maison), and Felicie Bernard
were fined 40s. each and costs, the other summonses being
dismissed.

SAVAGE ASSAULT ON A BOY.—Ann Connor, described
as a hawker, was again brought up charged with savagely
assaulting a boy named Albert Fisher, 11 years old, the
son of Mr. Fisher, poulterer, Oxford-market.
The evidence went to show that a few days ago the
prisoner, who has several times been in custody for assaults,
once reoeiving a sentence at Bow-street of four months for
three assaults, was in Oxford-street drunk. She fell, and
was picked up by a young man and placed in a doorway.
Some boys passing happening to touch her basket, she ran
after them a few yards, but not succeeding in overtaking
them, she turned upon the boy Fisher, who was quietly
going along, and clutched him by the throat so tightly that
she had to be struck to make her release her hold, and by
this time the boy was black in the face, his tongue pro-
truding from his mouth, and fainting. The boy was then
taken to the Middlesex Hospital and the prisoner to the
police-station, and the boy not being able to attend, the
prisoner was remanded for a week.

- The boy was now in attendance, and having given evi-
dence confirmatory of the above, the prisoner was com-
mitted for a month with hard labour.

CLERKENWELL.

John M'Grogor, labourer, was charged with three sepa-
rate assaults upon two wine coopers and also the manager
of the Vintage Wine Company's Stores. The prisoner,
being drunk, fell against a cask of wine which was being
removed from the warehouse door, and then commenced a
furious attack upon eiery one around him, giving black
eyes in succession to the, three complainants. He was with
difficulty overpowered, and the constable required extra
assistance to convey him to the station. The company's
secretary said the case had been proceeded with not only on
account of the assaults, but also in consequence of the vio-
lent threats of the prisoner and his associates. The pri-
soner made no defence, and Mr. Barker fined him £3, or
six weeks' imprisonment.

SPORTING INTELLIGENCE.

LEAMINGTON AND WARWICKSHIRE HUNT
MEETING.—Tu ESDAY.
The Tally-ho Flat Race of 5 sows each, for hunters, four-
yr-olds and up wards; winners extra. Two miles. 19
subs.

Mr Milward's Little Lady, 4 yrs, (h.b), list 31b
(Mr. James) 1
Mr Bancroft's Miss Clifton, 5 yrs, list 12Ib
(Mr. 6`apenhurst) 2
Mr Wilson's Sutton, 5 yrs, list 121 b .. (Mr E. Wilson) 3
The following also ran :—Rifleman mare, Whittington,
Amateur, Thurlaston, Gentle Kitty, Bridesmaid, Ortho-
dox, Redpole, Mr. Formby's gelding, Ladbrooke Lass, Eily
O'Connor, and Meteor.

Betting-9 to 4 agst Little Lady, 6to 1 each agst Meteor
and the Rifleman mare, 8 to 1 agst Miss Clifton.
Ladbrooko Lass made play, followed closely by Whit-
tington, Gentle Kitty lying third, Miss Clifton fourth, and
Little Lady next, in company with Eily O'Connor, and the
Rifleman mare—Redpole was next, at the head of the ruck,
which was whipped in by Thurlaston, Mr. Formby's geld-
ing, and Meteor. Except that Miss Clifton took second
place on rising the hill, there was no variation until reap-
pearing in sight, where Ladbrooke Lass held a long lead,
Little Lady lying third, and Gentle Kitty fourth. At the
five furlong poet Little Lady took up the running, Sutton
and Miss Clifton taking second and third places. The
favourite was never afterwards headed, and won, pulling
hard, by three lengths ; a bad (third ; Meteor was fourth;
Redpole fifth, Eily O'Connor sixth, and Ladbrooko Lass
seventh; Bridesmaid was last but one; Gentle Kitty,
beaten several hundred yards, being the absolute last.
The Racing Stakes of 5 soya each, with 25 added, for all
ages; certain penalties and allowances. Five furlongs.
13 subs.
Mr Lincoln's Disdain, 4 yrs (£3O), 7st 31b .. (H. Taylor) 1
Lord Uxbridge's The Tyke, 2 yrs (£3O), 6st 41b
(J. Grimahaw) 2
Mr H. Crawshaw's Newsmonger, 3 yrs (L3O), 7st llb
(Maidment) 3
The following also ran :—Lifebuoy, Pinkepoe, Little
Pickle, Vision, Diploma, Cosette, Jewell, Coronet, and
Southport.

Betting-6 to 4 agst Southport, 100 to 15 each agst Dis.
dein, The Tyke, Diploma, and Newsmonger.

Disdain made play throughout, and won easily by a
length; two lengths between second and third; Cosette
was fourth, Diploma fifth, Vision sixth, and Lifebuoy
seventh.

The winner was bought in for 60 guineas.
The Groat Autumn Welter Cup of £2OO, the rest in specie,
by subscription of 20 soya each, and only 5 if declared ;
winners extra; gentlemen riders; professionals 61b extra,
One mile. 31 subs.
Mr B. J. Angell's Lord Burleigh, 4 yr5.,...115t 51b

(Mr Coventry) 1
Mr C. P. Hudson's Tolurno, 4 yrs, 10st.. (Mr Edwards) 2
Count Batthyany's Suburban, 6 yrs, list 31b
(Mr Dixon) 3
Marquis of Hastings's Odine, 4 yrs, lOst 41b (inc 61b ex)
(Custance) 4
Mr Wallace's Golden Drop, 3 yrs, lOst 31b
(Mr G. S. Thompson) 5
Mr C. P. Hudson's Twilight, aged, list 91b
(Mr W. Bevill) 6
Lord Coventry's Umpire, 6 yrs, list 81b.. (Capt. Little) 7
Rotting
.-5 to 2 agst Suburban, 4to 1 each agst Tolurno
and Umpire, 8 to 1 each agst Lord Burleigh and Odine, 10
to 1 each agst Twilight and Golden Drop.
Tolurno made play, followed by Odine and Umpire,Golden
Drop being next inside, Suburban following at his quarters,
and Lord Burleigh last. After going a quarter of a mile,
Twilight dropped into the company of Lord Burleigh, but
at the turn into the straight the lot took close order, and
the first to give way
was Umpire, who either could not or
would not try in the dirt. Approaching the distance Odine
got on even terms with Tolurno, and immediately after-
wards Lord Burleigh, on the outside of the pair, went to
the front. carried on the running to the end, and won easily
by two lengths ; Suburban was a bad third, and the others
straggled in at wide intervals.

The Nursery Handicap of 15 soya each, 5 ft ; for 2-yr-olds ;
winners extra. Three• quarters of a mile. 24 subs.
Lord 'Uxbridge's Welbeck, 6$ 101 b (T. French) 1
Mr Kempson's Orphene, 6st 91b (Carroll) 2
Count Batthyany's Nucleus, 6st 12lb (Jas. Smith) 3
The following also ran:—Land of the West, Fearnought,
Lord Cochrane, Dean Swift, Cutaway, and Plaything.
Betting-5 to 2 aget Welbeck, 4to 1 agst Nucleus, sto
1 agst Land of the West, 6 to 1 agst Cutaway,
Welbeck made play, followed by Cutaway, who raced
with him to the turn into the straight, where she gave way,
and Orphene, who had been lying with Plaything, close
up, went alongside Welbeck, the latter at the distance
being joined on the inside by Nucleus. Welbeck, however,
maintained his lead to the end, and won easily by a length
and a half—a neck separated second and third—Fear-
nought was fourth, Plaything fifth, Lord Cochrane sixth,
Land of the West seventh, Cutaway eighth, and Dean
Swift last.

The Donnington Handicap of 10 sous each, 3 ft, with £5O
added, for 3-yr.olds and upwards; winners extra. Three-
quarters of a mile. 23 subs.

Mr B. J. Angell's Lord Burleigh, 4 yrs, 9st 61b (in 61b ex)
(Custance) 1
Mr C. P. Hudson's Tolurno, 4 yrs, 7st .... (T. French) 2
Duke of Beaufort's Farfalla, 4 yrs, Bst.. (H. Grimshaw) 3
Mr Hunt's The Flower Safety, 3 yrs, Sat 121 b
(J. Grimshaw) 4
Mr W. Saunders's Belle of the Ball, 3 yrs, Est 71b(Neale) 6
Count Batthyany's Turcos, 3 yrs, 6st 121 b .. (J. Smith) 6
Lord Warwick's Calabria, 3 yrs, 7st 71b .. (J. Whiteley) 7
Mr W. W. Baker's Lady Derby, 5 yrs, Bet
(James Nightingall) 8

Betting-5 to 4 agst Farfalla, sto 1 each agst Lord Bur-
leigh and Turcos, 7to 1 agst Tolurno, 8 to 1 agst The
Flower Safety.

After a few ineffectual attempts they were sent away to a
very straggling start, Lady Derby making play for a hun-
dred yards, after which she gave way to Tolurno, who was
followed by Farfalla, the Flower Safety going on third,
Lady Derby fourth, Lord Burleigh next, and Turcos, who
was last off, and completely out of the race, bringing up the
rear. After entering the straight, Farfalla dropped back,
and left Tolurno with a clear lead, but at the distance he
was joined by Lord Burleigh, who obtained the lead half
way up and won a capital race by a neck ; a bad third ; the
rest beaten off.

A Free Handicap Hurdle Race of 5 soya each, with 30
added, for all ages; winners extra. Two miles, over five
lights of hurdles. 11 subs.
Mr T. Hunt's True Heart, 3 yrs, Bst 111 b .. (W. White) 1
Mr Wallace's Lincoln, aged, list 71b (J. Knott) 2
Mr W. E. Williams's Sinking Fund, aged, 11st 41b
(Mr Edwards) 3
Mr E. Herbert's Whitehall, 3 yrs, Bst 10Ib (J. Holman) 4
Betting-6 to 5 agst True Heart, 7to 4 agst Whitehall,
100 to 15 offered agst each of the others.
Sinking Fund made play at a slow pace past the stand,
followed by True Heart, Whitehall, and Lincoln in the
order named. They ran thus to the foot of the hill, where
True Heart slipped in front and took a clear lead, followed
by Whitehall to the three-quarter mile post, where Lincoln
rushed past his horses and jumped the succeeding hurdle
in advance. At this obstacle Whitehall blundered, and
swerving out of the course was left at least 200 yards in
the rear. Half a mile from home True Heart closed with
Lincoln, and the two ran a most punishing and exciting race
to the finish, which resulted in favour of True Heart by a
neck; Sinking Fund, who was twenty lengths behind Lin-
coln, beat Whitehall by a length.
Match, 25 soya. Owners to ride. One mile. Mr Beau-
clere's Rockley, 6 yrs, 12st ; Mr Park's Overton, 5 yrs, 12st ;
off by consent.

HISTORY OP THE LITERARY FUND,

(From the Reader.)

In the year 1773 a Welshman, named David
Williams—whose body has now lain buried for
nearly half a century in the church of St. Anne's,
Soho, but who was then an eager man about Lon-
don, 35 years of age—read a paper to a small club
of literary men of which he was a member, and
which met in the Prince of Wales Tavern, in Con-
duit-street, Hanover-square, on the feasibility of
founding an institution which should hold out to
every worthy literary man " the kind and generous
promise that his studies and efforts should not leave
him in misery." The president of the evening
when this paper was read was no other than Ben-
jamin Franklin. He rather throw cold water on
Williams's proposal. " Common charities," he said,
'spring from common feelings; or if some of them
should require a few ideas and reflections, they may
be easily collected by ordinary and imperfect intel-
lects ; but an institution for the relief of misery
which is so far from being obtrusive and obvicus, so
far from pressing on the senses, that it withdraws
from observation—is an institution whose object will
be ever lost to the common classes of subscribers to
public charities." In spite of this opinion of Frank-
lin, the other members of the litle club thought Mr.
William's proposal worthy of further consideration;
and the subject was adjourned to another meeting,
Franklin winding up the matter for that meeting
as follows :—" I perceive that our friend does not
acquiesce in our opinions, and that he will under-
take this Institution. The event, be it what it may,
will be honourable to him but it will require so
much time, perseverance, and patience, that the
anvil may wear out the hammer. The anvil did
not wear out the hammer ; for Williams kept to his
idea, talked of it right and left, tried to interest
Pitt, and Fox, and Burke in it, and, although he
did not succeed in persuading them the speculation
was practicable, yet at last got together a sufficient
number of kumble men to start the institution. It
was in the year 1790 that the fund practically
began its existence; for in that year it was able to
make a grant of £lO 10s. to one distressed author.
Since that time it has increased steadily to its pre-
sent proportions. In 1801 the late Duke of Somer-
set became its President; in 1837 he resigned, and
was succeeded by the late Marquis of Lansdowne;
and, on the recent death of the Marquis of
Lansdowne, the Earl cf Stanhope was elected
to the presidency. During the long presi-
dency of the Duke of Somerset, the Func had
so grown by accumulated bequests, and by
the increase of annual donations and sub-
scriptions, as to be able towards the end of his
presidency to expend sums of from £l,OOO to £1,250
every year in the relief of distressed authors, as
against sums of from £2OO to £350 at the begin-
ning of his presidency ; and since that time the an-
nual expenditure has not risen much. The year of
greatest expenditure in the history of the fund was
1858, when a sum of £1,840 was expended on 58
applicants. The total expenditure of the fund,
from the year 1790, when it made its first grant, to
the end of the year 1862, has been £57,130 95.,
distributed in the shape of 2,962 grants to persons
of literary merit, whose cases, in the course of these
72 years, had been brought before the society. The
expenditure for last year was £1,475, distributed
among 54 applicants as follows :