The Sun.
London, England, 1865-04-04 00:00:00

LAW INTELLIGENCE—(This Day.)

P

SHERIFFS' .COURT.
(Before Mr. Commissioner Kerr.)
TILE EARL OF CARDIGAN'S RABBITS AND THE LONDON

MARKET.-WORMS V. FRANKS.

This was an action to recover £3 ss. 4d. damages for
selling to plaintiff certain rabbits unfit for food, plaintiff
being a dealer, of 9, Brook's-market, Holborn, and defen-
dant, a salesman, of Leadenhall-market.
Plaintiff stated that on March 3d last he went to defen-
dant's shop in the market, and there saw two hampers of
rabbits. Plaintiff looked at the top layers, but was not

allowed to turn the-others over. The top rabbits were very
good, but when plaintiff wanted to make a further exami-
nation he was told not to pull the things about. Plaintiff
then paid his money and took away the goods, subse-
quently proceeding to expose them for sale in Leather-
lane. Some of them, however, were very bad, and quite
green. The inspector came and saw them and condemned
them. Plaintiff wished to take them back to defendant,
but the inspector said, " I have condemned them as being
unfit for human food, and if you touch them, or try to sell
them, I shall lock you up." They were then taken away,
and plaintiff went to see defendant's foreman, showing him
a card he had received from the condemner, but the fore-
man offered plaintiff 10s., and said he would make up the
matter another time.

-o-

His Honour—Well, Mr. Franks, 'what do you say to
this ?

Defendant—l am inclined to doubt the evidence given
by the plaintiff. I received those rabbits on March 2 from
the Earl of Cardigan's estate, and I have a letter from the
keeper, stating that they were shy on Feb. 27 and 28.

His Honour—That letter would not be evidence.

Defendant—l only mention it to show that the rabbits
could not have been unfit for food. I should like to ask
the plaintiff if all the rabbits were bad.
Plaintiff—No ; 1 did not give notice to the condemner,
but he came tome.

Defendant—l should like to have good evidence of the
state of the rabbits, for I have had great quantities of the
Earl of Cardigan's game for some years, and have never
had a complaint of this kind before.
Plaintiff—l produce the inspector's condemning note.
His Honour—ls the condemner present ?
Plaintiff—He is.

Mr. Brown, one of the sanitary inspectors for the dis•
trict, said—l saw some rabbits hanging up in Leather.
lane which were totally unfit for human food.
His Honour—Describe the state they were in.

Witness—l examined them, and found that near the
shoulders they were discoloured and saturated with matter.
His Honour—Saturated with matter! What would that
arise from ?
Witness—l should say from decomposition.

Defendant—Was not the discolouration caused by the
rabbits being shot ?

Witness—l should say not. I had them removed. They
were taken to the stone-yard and covered over with stones,
and afterwards buried. There were 78 of them.

Defendant--Were the skins taken off before they were
buried ?

Witness—Certainly. 1 do not know who the man was
who gave me the information.
His Honour—You see, Mr. Franks, that this evidence is
very strong.

Defendant—l confess that I cannot understand it. The
rabbits were quite fresh, and, if the evidence be correct,
they must have been diseased.
His Honour—lf that were so, perhaps the whole warren
was diseased, because it will soon spread. In this case the
evidence of the inspector is conclusive, and he has shown
that he condemned the goods because they were quite
unfit for food. It is just like the bad fish question.
Defendant—l think not your Honour, because in that
case the buyers did not see the fish. Here they can see
the rabbits.

Plaintiff—Oh! no, we cannot.
His Honour—But the evidence of the inspector is bind-
ing against you Mr. Franks.
Defendant—l do not think that we should have a con-
demning note sent to us to be allowed to see the goods.
Perhaps after all the inspector might be mistaken.

HisHonour-1 cannot help that. It is his duty to de-
cide between the seller of food and the public, and he has
condemned certain rabbits. Upon his evidence I must de-
cide between you and the plaintiff. You can get this
money back from the Earl of Cardigan's gamekeeper. I
must find for the plaintiff with costs.
Verdict for the plaintiff.

POLICE INTELLIGENCE.—This Day.

MARLBOROUGH-STREET.

A SOLICITOR CHARGED WITH ASSAULTING A BARRISTER.
—Mr. Robert Henry Copperthwaite, solicitor, staying at
Hatchett's Hotel, Piccadilly, was'brought before Mr. Tyr-
whitt on a warrant charging him with assaulting Mr.
Alexander Disney, a barrister.

Mr. E. Dillon Lewis, of Great Marlborough-street, ap-
peared for the complainant, and, having opened the case,
called

Mr. Disney, who said that about a fortnight ago he was
walking in Regent-street, when the defendant came be-
hind him and struck him in the back with his fist, saying
"I'll murder you." The defendant had frequently behaved
in a similar manner.

In answer to the defendant, the complainant said that,
until lately, he knew the defendant as a respectable man.

The defendant said that he had known the complainant
for years, and been a friend to him, and they had had trans-
actions together. The present proceedings were only
taken against him out of a feeling of spite.
Mr. Tyrwhitt ordered the defendant to find one bail in
£5O to keep the peace towards the complainant for six
months.

AN UNFOUNDED CHARGE.—Two women, named Eliza
May and Jane Lovell, were charged with stealing from the
person of Mr. Norman, of 32, Gower-place, brushmaker, a
silver watch and gold Albert chain, of the value of £9. On
the accused being placed at the bar no prosecutor was in
attendance.

It was stated that some time after the accused were
charged at the police station the prisoner charging them
returned and stated that he had found his watch and
chain in his pocket. .
Mr. Tyrwhitt discharged the accused.

THE SUN, LONDON, TUESDAY EVENT

refused. If I had had the money I could have earned a
shilling by the cotton. Father Lambert would not give me
anything.

Mr. Arnold—Have you any claim upon Mr. Lambert ?
Defendant—Claim, yes ! Where is a poor Catholic to go
when she is in need if it is not to her own clergy ? What
was I to do with my poor boy in such want ? Father
Lambert ought to have helped me.
Mr. Arnold said that he should require the evidence of
some person who saw her break the windows, and re-
mand her for that purpose.

The University Boat-Race.

PursEr, Monday.
The Oxford crew turned out this morning between 11
and 12 o'clock, and made their way against tide to Barnes.
They were accompanied on the bank by Mr. G. Morrison
and a select party in the saddle, and they were followed on
the water by Mr. W. B. Woodgate, the amateur champion,
and• Harry Kelley, professional ex-champion of the Thames.
At the White Hart, Barnes, the crew disembarked, their
able and stentorian Mentor halving with another gentle-
man the work of rowing the eight-oar farther up the river,
while the crew refreshed themselves by gently doing the
distance on foot. Getting into the boat again on Mortlake
they made Barker's rails their starting-point for their spin
down with the tide, and, beginning easily, reached what
seems to be their minimum speed of 36 strokes to the
minute opposite Mr. Wilcox's marine villa. Mr. Brown,
however, "put it on" as he neared Barnes railway
bridge, and in Corney Reach the number of strokes
received an addition of at least two or three per minute,
making 38 or 39 in the 60 seconds. In this way, rowing
with great regularity and precision, the Oxford crew
reached Putney, the time occupied in doing the entire dis-
tance being reported as 21 minutes and 25 seconds. Dis-
crepancies, however, will arise in these calculations, and
just as there was a doubt whether the crew did the distance
on Thursday in 21 minutes 5 seconds, so to-day there are
slightly varying accounts of the time occupied. Thus
much may be said, however : the recent performances of
the Oxford men have not depressed their position in the
betting, 5 to 4 on the dark blue being heard of in several
quarters. Indeed, there seems a confidence on both sides
highly gratifying in every respect.
The Cambridge eight also made their appearance on the
river this morning, but not forlong. In a short paddle from
head-quarters to the point and back, they killed a brief
space of the heavily-hanging time, and then laid by till the
afternoon's flood. Between five and six post meridian they
stepped into their craft, and rowing in good form.went
merrily over the course on a young and somewhat sluggish
tide, backed up a little by an evil east wind. A more level
and even-rowing crew cannot well be imagined ; and when
in their full swing
.(which is a swing this year), the men
sway backwards and forwards with machine-like regula-
larity. At what looked more like a good steady pace than
a supreme effort, they did the distance in 21 minutes 4
seconds, according to some calculations; while other ac-
counts will have it that a 0 must be added to the 4. Their
average number of strokes per minute seems to be a trifle
under of the Oxford crew. At certain points of the course
they, were not doing more than 34 or 35 ; but between
Hammersmith and Barnes they well reached 36 or 37.
Returning they practised starts and spurts ; in one instance,
at Corney Reach, starting with such regularity and decision
that boat and men seemed rather to glide than be compelled
onward. On the whole, this Cambridge crew appears to
give very general satisfaction to those who pin their faith
on a light-blue victory, and to raise the hopes of Cambridge
from the cold latitudes of :ate years. It is expected that
from to-day both crews will do their principal work in the
forenoon rowing their real trials down while the tide is
unfavourable for an opposite movement. The impression
that they would do so this morning found its representa-
tives at Putney, and some little disappointment was there-
fore experienced by the few visitors, who, when the Cam-
bridge men were at lunch, hoped to see the light-blue
blades (of the oars) churning the murky stream. Tcr-mor-
row, possibly the early visitors will be gratified with a
sight of both crews on the water before the suns get high
in the heavens.

It may be mentioned that a good sprinkling of Cantabs
went the distance on horseback, and that the gentleman
who " looks after" the dark blue interest did much of the
course on foot, narrowly scanning the performances of the
" other side." Kelley also was again in attendance in his
outrigger, and it would appear that ho and seven other of
the fraternity are likely to put the Oxford crew on their
mettle on Wednesday.