The Sun.
London, England, 1865-03-28 00:00:00

//.2

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The Davenport Brothers,

At the Liverpool county court, yesterday, Mr.
Sergeant Wheeler, the judge, was occupied in try-
ing an action brought by Mr. R. B. Cummins, the
hero of the now famous " tom-fool knot," against
Mr. Hime, who acted as the local agent for the
Brothers Davenport. Mr. Cummins claimed ss.
from Mr. Hime for money paid to witness a séance
announced by the Davenports, but which seance
did not take place. Mr. Bardswell, solicitor for
the plaintiff, delivered a long address, and read de-
scriptions of the several performances given in Liver-
pool, including that at which the cabinet was
smashed, and when the Davenports refused to go
on with their performances. The point on which
he relied was that the Davonports had published ad-
vertisements promising that every person who paid
for a ticket and attended would witness a séance.
Mr. Pope, barrister, for the defence, contended that
there was no statement in the advertisements as to
what in particular would be done by the Daven-
ports ; that on the morning previous to the
evening in question, in consequence of the
interruption which had taken place on a
former evening, they advertised that they
should reserve the right to reject any committee
which might be appointed to tie them ; that when
Messrs. Hulley and Cummins were appointed they
did object; that afterwards they yielded, and agreed
to be tied by them ; and that in consequence of
what then took place they were unable to proceed
as they had intended. Mr. Cummins, who was
severely cross-examined, stated that he took no part
in the row, and used every exertion to prevent vio-
lence.. His Honour held that., though nothing defi-
nite was stated in the advertisements, it was under-
stood that séance was to include the usual " mani-
festations ;" that when the Davenports had agreed
to be tied by Messrs. Hulley and Ciimmins, although
they had a perfect right to reject any committee
that might be appointed, they pledged themselves to
fulfil their contract, and that, as they did not go on,
the contract was broken. He gave his decision for
the plaintiff for the amount claimed. It is under-
stood that, by friendly agreement between the par-
ties, this decision is to guide Mr. Hime in reference
to all the claims made by other persons seeking a
return of their money, amounting, we believe, to
upwards of 100.

SPORTING INTELLIGENCE.

- --4,--
TATTERSALLS-MONDAY.

To-day there was another repetition of those " sensa-

tion " movements in connection with Breadalbane for the
Two Thousand Guineas. At the Victoria Club, in the
morning, there was a marked disposition to lay against him
at the commencement of business, when 2,200 to 110 was
booked ; the next blow struck, however, was less deadly,
1,000 to 60 being laid twice. At Hyde-park-corner the same
mystery prevailed, but despite the uncertainty as to the in-
tentions of his owner, he was again supported freely at
prices varying from 12 to 8 to 1, taken to about £1,500. All
sorts of rumours were afloat as to the final policy of Mr.
Chaplin with regard to his horse, but whoever he or they
were that " knew anything," they kept their counsel well
while the industrious ones caaried on theirs operations.
Previous, as well as intending backers were in a dilemma,
but seeing so many " good " men supporting the horse for
money, they considered that they could not be far wrong
in following suit, and thus they " plunged " on him a
second time, 8 to 1 and 7 to 1 having been taken kindly.
The finish, however, was a staggerer. A member who, in
his speculative transactions, is distinguished by his cool
disregard for the strict rules of betting, offered to take 100
to 15 about the Malton horse, odds with which he was ac-
commodated three times. Later on seven " fifties" were
laid on the quiet, but we may safely say that that price to
money would have been eagerly accepted. 100 to 30 was
offered against Liddington, but 4 to 1 was asked forin vain.
Chattanooga was somewhat unsteady, after nine " fifties "
were laid, 10 to 1 was his current price, taken to about
£5O. ;For the Derby Breadalbane still holds his position
undisputed. 550 to 100 was taken in one bet, and until the
close of the room sto 1 was the highest offer on the field,
while 7 to 1 went begging about Liddington, but not until
ho had been backed to about £4OO at that price. It must not
be forgotten, however, that a gentleman who is reputed to
be generally in the secrets of the Russley stable laid eight
" ponies " twice, just immediately after the horse had boon
supported at a point less. The Duke was in great demand
at 8 and 9 to 1, at which prices he was entrusted with very
good money ; but he failed to sustain his reputation, as
nothing short of 10 to 1 would satisfy the adherents of the
Marquis of Hastings' colours. The only other feature of the
Derby betting was the hostility against Chattanooga, who,
after 25 to 1 had been accepted about him to £3OO, de-
clined to 30 to 1 (taken to £100) offered until the room was
cleared. _ .

NORTHAMPTONSHIRE STAILES.
7to 1 agst Mr. H. Smith's John Davis (taken)
CITY AND SUBURBAN.

10 to 1 agst Mr. Merry's Moestissima filly (taken and off)
25 to 1 agst Mr. Saxon's Lampoon (taken)
25 to 1 agst Mr. Kelso's Agatha (taken)
25 to 1 aget Mr. Osborne's Lady of Coverdale (taken)

CHESTER CUP.
12 to 1 agst Mr. C. Smith's Lion (taken)
20 to 1 agst Mr. Barber's The Clown (taken)
20 to 1 agst Mr. Montgomery's La Toucques (taken)
50 to 1 agst Mr. Hodgman's Victorious (taken)
66 to 1 agst Mr. W. Phillips's Persuasion (taken)

/I~.szur.~

snake and Blackrock, 4 to 1 agst Ladbrooke Lass, 100 to 8
agst Simpleton.
The Farmers' Plate of 50 sovs for hunters ; weight for age.
About three miles.
Mr. John Bennett's Fugleman, 5 yrs, 12st 71b
(Mr. Perkins)i 1
Mr. Gale's Lord of the Manor, 13st (Mr. Gale, jun. 2
Mr. Iloswell's Darkie, 12st 71b (Mr. Drax 3
The following also ran :—George, Birmingham Lad, and
Jeremy Diddler.

Betting-7 to 4 agst George, sto 2 agst Darkie, and 5
to 1 agst any other.
A Sweepstakes of 10 sovs each, h ft, with 75 added;

list each ; penalties, &c. Three miles.

Mr. Delacom's Bachelor of Arts, list
Lord Adare's Who dare say 800, list (Owner) 2
Capt. Hodge's Perfect Cure, list (Capt. Riddell) 3
_ _

. . -
The following also ran :—Bravo, Palermo, Andrew,
Stockbridge, and Master Tom.

Betting:-.5 to 2 agst Bravo, 3to 1 agst Who dare say
800, 4 to 1 each agst Stockbridge and Perfect Cure.
The Welter Stakes of 10 sovs each, h ft, with 75 added;

last 71b each ; penalties. Three miles.

Capt. Gooch nd Remedy (Capt. Ricardo 1
Capt. Fitzgerald's Kate (Mr. Lawrence 2
Mr. Jee's Winifred (Mr. Hutton 3
Pink also ran.

Betting-2 to lon Remedy, sto 1 agst any other.
The Scurry Steeplechase of 2 sovs each, with 20 added.

About two miles and a half.
Mary Ann, 12st (Mr. Drax) 1
Vanity, 12st (Mr. Johnson) 2
- -

The following also ran :—Baronet, Hot Coppers, chesnut
gelding, Nally, and Little Wonder.
Betting-6 to 4 agst Mary Ann, 2to 1 agst Vanity, sto
2 agst Hot Coppers. Won by two lengths.
[ADVERTISEMENTS.]
Now ready, price 2s. 6d., by post 2s. Bd., "BAILY'S TURF
GUIDE." Spring edition, 1865. London: A. H. Bally,
Cornhill.

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