The Sun.
London, England, 1853-05-12 00:00:00

SPORTING NOTES.—No. CCCCXXII.

The past couple of days racing at head quarters has
furnished us with a few mews. worth recording. The
Rowley Mile Plate, the winner of which once won the
Derby, was this time carried off by Feversham with
considerable ease. Now, as Feversham is consideered
to be something like a stone inferior to his stable com-
panion Sittingbourne, the latter's chance was imme-
diately set down as first-rate for the Derby, and he was
backed accordingly to win clone upon 20,000/. at 9 and
10 to one. That Sittingbourne's chance is a good one
is my own opinion ' • but I doubt very much his capa-
bility of beating his former conqueror, West Australian.
Ethelbert's victory in the 25 sovs. Stakes over Har-
binger enabled the party to obtain a bit of a line be-
tween him and Pharos ; and from their backing their
horse immediately after the race at 25 to 1 for the
Derby, it is evident favourable hopes are entertained of
him. I have no idea of his winning, after the three or
four preparations he has had this season.
Two out of the three stakes I commented on in my
last notes came off in exact accordance with my antici-
pations ; Lord Exeter's colours having been in the as-
cendant for the Suffolk Stakes, and Mr. Greville's
Frantic having won the 50 sovs. stakes. I selected
Father Thames for the 25 sovs. stakes, thinking it very
improbable at the time I wrote that Ethelbert, with the
Derby staring him in the face, would go to the post.
SHREWSBURY MEETING.-There is a stake of some
little importance to be run off at Shrewsbury to-morrow,
over the mile and a quarter course, called the Shropshire
Stakes, of 10 sovs. each, 3 ft, with 50 added. The entry
numbers no less than forty-seven names, and a large field
may be expected at the post. The top weights from
Weathergage to Red Lion. with the exception of the
Prime Minister, possess but little chance. The Minister
may run forward. Father Thames, Warwick, and the
Trueboy mare have their hopes disposed of by Bardolph.
Evadne does not seem to be a starter, or her chance at
7st 11b, would be first rate. Le guif is not over bur-
dened with weight at 7st. The Alp is too slow. Old
Clothworker, with but 7st up, is treated very
leniently ; and, but for being particularly stale,
would have finished in front. St. Michael, Bourton,
Candlewick, Liberty, Young England, and Thunderbolt
are disposed of by Forester and Melford, both of whom
have a moderate turn of speed—the great requisite in
this race. Lerrywhent, at 6st 41h, is let in on splendid
terms, so good that, in all probability, he will be the
winning animal. Surveyor, Waterfall, Octavia. Calot,
Tame, and Llanforda are not of the slightest use on this
occasion. Audubon looks somewhat mischievous at
sst 71b, and Placid and the Evening Star are not badly
treated at sst each, Maria Bell might have created
some sensation, but I understand she does not run. In
conclusion, it is my opinion that LERRYWHENT will be
the winner ; or, should he fail, Placid will occupy his
intended place. Le Juif, Audubon, and Evening Star
will finish well up.
THE SPIRIT OF THE TURF.

DEATH OF SIR WALTER RALEIGH GILBERT,
BART.

The announcement of the death of Lieutenant-General
Sir Walter Raleigh Gilbert, Bart., G.C.8., and Member
of the Council of India, will be received by the entire
body of the Indian army, and by the portion of her
Majesty's forces which served recently in the East, with
deep sorrow. This sentiment will be largely shared by
Sir Walter Gilbert's late commanders, Lords Hardinge
and Gough.
Sir Walter Gilbert had attained the age of 68 ; yet
Ills death is regarded by his comrades as premature. So
brilliant a soldier was he that no one could hold him to
be other than young.
Sir Walter Gilbert entered the Bengal army in
1800, and in the following year was posted to the
15th Regiment of Native Infantry, commanded by
Colonel (afterwards Sir John) Macdonald, of the
Bengal army. With this distinguished corps he was
present at the defeat of General Perron's brigades
at Coel, at the siege and capture of Allyghur, at the
battle of Delhi, and capture of 68 pieces of heavy artil-
lery, 13 tumbrils, and 11 standards, taken from General
Louis's force ; at the storming of? Aga, at the memo-
rable battle of Laswaree, where 70 pieces of cannon,
with the whole of the enemy's ammunition and baggage,
were captured. In this battle the 15th s
prese Native
nt Infantry
was particularly distinguished. He wa at
battle of Dieg, in which the enemy lost 87 pieces of
artillery and all their ammunition ;t at the subsequent
fall of the fortress of Dieg ; and at he desperate, but
unsuccessful, assaults on Bhurtpore, under the personal
command of Lord Lake, who highly esteemed the young
soldier for his gallantry. In all these arduous services
Lieutenant Gilbert exhibited the same heroism which
later in life induced him to dismount when he found
that his horse would not approach a huge boar which
threatened the life of his friend, and charged the enraged
animal on foot with his single spear.
As Captain, Major, and Colonel he was subsequently
employed in various responsible offices ; but it was on
the Sutlej and in the Punjab that the public notice be-
came fixed on Sir Walter Gilbert as a first-rate com-
mander. Lord Gough, in describing these heroic and
noble services, said,—

" I want words to express my gratitude to Major-Gene-
ral Gilbert. Not only have Ito record that in this great
fight (Perozeshah) all was achieved by him which, as Com-
mander-in-Chief, I could desire to have executed ; not only
on this day was his division enabled by his skill and cou-
rageous example to triumph over obstacles from which a
less ardent spirit would have recoiled as insurmountable,
but since the hour when our leading columns moved out of
Umballah I have found in the Major-General an officer who
has not merely carried out my orders to the letter, but
whose zeal and tact have enabled him, in a hundred in-
stances, to perform valuable services in exact anticipation
of my wishes."
And thus it was at Moodkee, at Sobraon, at Chilian-
wallah, • at Goojerat ; wherever Gilbert was, there you
were sure to find successful bravery. No wonder that
such conduct should elicit from Sir Robert Peel " envy
of the profession of a soldier."
His last crowning act finished the campaign in the
Punjab, 16,000 old and tried Sikh soldiers having
grounded their arms to him.

DEATH OF MDLLE. VAN DE '4VETER.—We regret to
announce the demise of riddle. Evelyn Van de Weyer,
second daughter of his Excellency the Belgian Minister
and Madame Van de Weyer, who expired on Monday,
after three weeks' illness, at the early age of five years
and seven months.

NEWSPAPER

- ,7,,51

IMPERIAL PARLIAMENT.

HOUSE OF COMMONS-{YESTERDAY• )

The SPEAKER took the chair at 12 o'clock.
Mr. THORNELY presented a petition from Bays-
water, praying for the enfranchisement of the London
University.
Similar petitions were presented from Warwick, by
Mr. Green, and from Canterbury, by Mr. Pellatt.
Mr. BIGGS presented a petition from the Isle of
Wight inifavatar of the ballot and other electoral reforms.
Mr. PENNANT presented a petition from Caer-
marthen in favour of the County Rates and Expenditure
Bill.
Capt. SCOBELL presented a petition praying for the
improvement of the management of lunacy.
Mr. 0. GORE presented a petition from places in
Salop against the sale of intoxicating liquors on Sunday

ELECTIONS BILL.
Mr. G. M. BUTT moved the second reading of this
bill, the object of which he explained was to lessen the
expense of elections, by shortening the time which, ac-
cording to the present law, must elapse, both with re-
gard to counties and boroughs, between the receipt of
the writ or precept and the nomination. There was
also a provision limiting the time of polling at the Uni-
versities to five days.
The bill was then read a second time without further
discussion.
SHERIFF COURT (SCOTLAND, No. 2) BILL.
Mr. CRAUFURD presented petitions in favour of
this bill.
Mr. E. ELLICE, jun., presented a petition from the
Convention of Royal Burghs of Scotland against the bill.
Mr. CRAUFURD then moved the second reading of
the bill. The hon. member then proceeded to enter into
a history of the courts up to the present time. The
sheriff courts occupied the place of the county courts in
England, and the object of this bill was to graft on the
Scotch courts all the advantages which had been con-
ferred on the English courts by recent legislation, with-
out at all seeking to Anglicise the courts. The
evils of the present Scotch system were these : The
sheriff substitute performed, in Scotland, the dif-
ferent functions of county court judge, criminal
judge, police magistrate, and had also testamentary and
Admiralty jurisdiction, and to perform all these func-
tions, of course he was obliged to reside on the spot.
The appeal from him being not only on points of law,
but also of fact, to the sheriff principal, who was gene-
rally a practising barrister residing in Edinburgh, and
all the proceedings before him were carried on in
writing. They were generally very expensive. The
great evil complained of was this appeal to a
non-resident judge, and he proposed by this bill to
do away with this appeal upon points of fact,
and to give an appeal on points of law to a court of law,
and not to the Sheriff. They would be far cheaper and
more satisfactory. He also proposed to give parties the
power of trying the case by a jury of five on the decision
of the majority. The great mass of those classes of the
people of Scotland were the suitors in this case,
though he would allow that there was a great diversity
of opinion on the subject among other classes. He
wished to have this bill read a second time, in order that
it might be referred to a select committee.
Mr. COWAN said that when the subject first began
to excite the attention of the people of Scotland, he
had felt favourable to the principle contained in the
bill, but after consideration and inquiry, he had come
to the conclusion that the abolition of the double system
would be very prejudicial to the administration of
justice. He did not deny that the Sheriff's Court
greatly needed reform, but he was quite satisfied that
the bill of the learned Lord Advocate would do all that
was required, and he should therefore oppose this bill
as unnecessary, and even prejudicial to the interests of
the Scotch people ; and he should move that it be read
a second time this day six months.

Lord DRIIMLANRIG brought up the answer of her
Majesty to the address on the subject of Kilmainham
Hospital, informing the house that her Majesty would
cause immediate inquiry to be instituted on the subject.

Mr. EWART supported the bill. He desired that it
should be read a second time, in order that it might be
referred to a select committee, and evidence taken on
the subject.

Mr. C. BRUCE opposed the bill, because he thought
it would destroy by far the most valuable part of the
local jurisdiction in Scotland. He denied that the
opinions of Scotland were in favour of doing away with
the office of principal sheriff; in fact, he believed it was
quite the contrary. The two great bodies—the Faculty
of Advocates and the Writers to the Signet—were de-
cidedly against any change in the existing system of
double sheriffs, but were in favour of the reforms pro-
posed by the Lord Advocate's bill. It was said that
persons of no standing or ability were appointed to the
office of principal sheriff ; but on looking over the rolls
of the sheriffs of different counties, he found that
all the eminent lawyers and judges of Scotland
had at one time of their career filled this office.
(Hear.) He believed that if the house read this bill a
second time they would have to say good bye to law
reform in Scotland, and he should therefore support the
amendment.

Mr. A. HASTIE said that the city which he had the
honour to represent (Glasgow) was almost to a man
in favour of the abolition of the double sheriffs. It is
perfectly true that many eminent men have held the office
of Sheriff, but not more than three of those at present in
office have ever practised in the court. The fifty-two
Sheriff-substitutes only received among them the sum of
21,0001. In the west of Scotland, people had unani-
mously declared in favour of the single Sheriff. He would
support the second reading of the bill.
Colonel BLAIR considered that it was not necessary
at present to discuss the advantage of the single Sheriff.
The question was whether evidence should be taken
before a select committee. If the noble lord would
pledge himself that evidence should be taken on this
subject he should vote against the bill, but if not he
should certainly support the second reading.
Mr. E. ELLICE did not consider it advantageous
to go into any lengthened inquiry upon the subject. The
Sheriff's substitutes are appointed entirely without
reference to their politics, and only in reference to their
capabilities. In his opinion the objection to the single
sheriff was that he might be elected with reference to his
politics. The groundwork of the present system seemed
to him to be well adapted to the state of the country.
In the Highlands some of the best sheriff-deputies are
not advocates at all, and they are, notwithstanding, well
competent to perform their duties. He should vote
against the second reading of the bill.
Mr. CHARTERIS considered that the agitation
about the double sheriff system was not so great at
present as it bad been. The question had been con-
sidered by the Law Commissioners in 1834, and they
were of opinion that any change would be prejudicial.
He did not at present see any greater reason for a change
now than there was thee ; and he should therefore vote
against the second reading of the bill.
After a few words from Mr. COLLYER and Mr. MAC-
GREGOR,

The LORD ADVOCATE considered that, as in the
years 1818 and 1535, the public voice of Scotland had
put down agitation on this subject, so it had in the year
1853. The main principle of the present bill had been,
at a meeting in Berwickshire, entirely condemned. He
was sure that the house would pay some attention to the
opinion of the Scotch lawyers, and that of the writers to
the Signet who were not eligible to be nominated sheriff
substitutes ; and their opinion was unanimous, that to
alter the working of the present system would be very
injurious to the proper administration of justice. The pe-
titioners before the sheriff's court were unanimously of the
same opinion. In his opinion the present measure would
be far from affording real relief to suitors.
Mr. HUME was of opinion that what was really re-
quired in Scotland was a cheap method of obtaining
justice.
After a few words from Mr. ELLIOTT,
Mr. S. WORTLEY thought it better, even at the
risk of the failure of the bill, to meet the strong feeling
in Scotland by instituting a preliminary inquiry on this
subject. He considered the house was not in a condi-
tion to deal with the principle of the bill, and he ap-
pealed to the noble and learned lord to consent to his
own bill being referred to a committee up stairs.
The LORD ADVOCATE declined to refer his bill to
a committee, as parties were unanimous on all sides that
it should be proceeded with this session.
Mr. DUNLOP said the great mass of the petitions
prayed that both bills should be referred to a select com-
mittee, in order that out of both they might make a good
bill.

Mr. CRAUFURD replied and expressed a hope that
the house would not, by refusing to send the bill to a
committee, show the people of Scotland that they were
opposed to a full and fair inquiry into this subject.
Mr. BOUVERIE opposed the proposition for refer-
ring the bill to a committee. He denied that the house
was not now in a position to decide on the principle of
the bill.

The house then divided, when there appeared—
For the second reading
Against it lB4

Majority against 126
PROBATES OF WILLS AND GRANTS OF
ADMINISTRATION BILL.

This bill went through committee pro forma, after an
intimation from the Attorney-General, that he should
reserve to himself the right of opposing it in its future
Stage, conceiving that the principles it involved were
extremely objectionable.
theOn
_. motion of Mr. HADFIELD, the recommittal
of the x...,ne__bill.wea_s postponed until the 15th of June, in order
largwer"mth ?eovernment an opportunity to bring in a
COUNTY on the subject.
This bill wentitinAtToEcoSmEmXitreeE.NDlTUßE BILL.
On clause 4,
Mr. MILES moved the, following amendments :
Line 17, after the word
,of," to omit all the words to
and
the end of the clause,insert "justices of the peace
selected at the general quarter sessions. of the peace in
not in number
every county in England and
Wales,
county formed
more than the unions which exist
either under the provisions of the Actuor and 5 Will. IV.,
single parish
to which
c. 76, or the Act 22 Geo. 111., c. 83,
or united parishes acting uner any locapalleitoSi:
aforesaid justices of the peace one annually
elected from each of the aforesaid unions, parish or
parishes respectively, shall be added."
Capt. SCOBELL suggested that the hon. member
should incorporate the amendment which he (Captain
Scob,3ll) had on the paper with his own. It was to in-
• sert ;fters the words " justices of the peace," " not more
than one of such justices being resident in the same
union ;" and to substitute for the word " selected," the
word " elected." The hon. and gallant member moved
r the insertion of the above amendment.
Mr. Ml= thought it wall deoirablo that they should

know at once whether the bill was to be abandoned or
not this session. Looking at the great number of
amendments which had been proposed, he did not think
they would be able to pass the, bill during the present
session even supposing they sat till the eud of August,
and had every Wednesday set apart for it.
Sir J. PAKINGTON had no hesitation in saying that
he objected to the bill as it now stood, and that he should
feel it his duty to oppose it in every way in his power. He
entirely agreed with the hon. member for Montrose as to
the impossibility of passing the bill this session, for it
contained 135 clauses, and they had not yet got beyond
the fourth. He, therefore, hoped that the right hon.
member for Manchester would withdraw the bill.

Mr. M. GIBSON was sorry to hear that the right
hon. hart. still threatened to oppose the measure as a
whole. He had thought that the various proposals on
the paper manifested a desire on the part of mem-
bers to try and amend, rather than a disposition
to throw it out altogether. The real question now
before the house was one between the two hon.
members who bad moved the amendment, and he
hoped they would settle the point between themselves
out of the house. As there was little chance of doing
much before 6 o'clock, he would move that the chairman
report progress, and obtain leave to sit again.
The motion was then put and agreed to. The house
resumed, and the recommittal of the bill was appointed
for the 19th inst.
The other orders of the day were then disposed of ;
and the house adjourned at ten minutes to six o'olock.