The Sun.
London, England, 1862-08-11 00:00:00

IMPORTANT CAB OUESTION.

Mr. Ingham has given a decision in a case of some
importance both to the public and cabdrivers.
Wm. Smith, cabdriver of Westminster, badge
12,627, was summoned before Mr. Ingham, by In-
spector Holden, on July 22d, charged with unlaw-
fully refusing a fare near to the International Exhi-
bition on the 10th ult.
Defendant stated that he only received the sum-
mons on the previous night, and had not sufficient
time to obtain a witness that be was not near the
Exhibition on the 10th ult.
Mr. Ingham adjourned the case to the 28th, that
defendant might bring his witness.
On the 28th defendant's solicitor gave his worship
a letter from a lady, informing him that the cab-
man was driving her to her residence in Richmond-
terrace on the day and hour at which the summons
stated the alleged offence to have been committed.
The attendant at the cab rank was called on to
support the summons. His evidence went to show
that while defendant was driving slowly along the
road on the 10th ult., about 5.30, some persons
hailed him; he shook his head, and afterwards took
up a party of four persons. The solicitor called on
the magistrate to dismiss the summons, as the diffe-
rence of time between the summons, and the evi-
dence of the last witness, was fatal to the case.
Mr. Ingham considered that as the facts were the
same as stated by the inspector and the witness, the
variation of time was a mere accident, which did not
affect the case, but he would consent to adjourn the
case to Monday, Aug. 4, to afford defendant an op-
portunity for proving where he was at 5.30 on the
day in question.
On Monday, Aug. 4, Mr_ Barnard stated that
defendant was driving Col, Patten about five
o'clock on July 10th, but as the colonel was in Paris
and could not attend, he would take the case oa its
merits. Defendant was going along the road, and
by refusing a fare he committed no offence, He
read the 35th section of the Ist and 2cl Wm. IV.,
cap. 22 :—" That every hackney carriage which
shall be found standing in any street or place, and
having thereon any of the numbered plates required
by this act to be fixed on hackney carriages, shall,
unless actually hired, be deemed to be plying for
hire, although such hackney carriage shall not be
on any standing or place usually appropriated for
the purpose of hackney carriages standing or ply-
ing for hire, and the driver of every such hackney
carriage which shall not be actually hired shall be
obliged and compellable to go with any person de-
sirous of hiring such hackney carriage ;" and pro-
ceeded to show that the act applied only to cabs
found standing. If they were moving along, they
were not to be deemed to be plying for hire.
Mr. Ingham held that defendant was standing,
although going, for it was to his mind conclusive
proof that defendant was plying for hire by taking
up a fare after refusing others. He ordered him to
pay 495. and costs.
Mr, Barnard then asked his worship for a case,
as it is the wish of a noble philanthropist to settle
the interpretation of the 35th section.
Mr. Ingham immediately granted a case to be
taken into the Court of Queen's Bench.

THE TRADE BETWEEN NEW ORLEANS AND THE
Nowni.—According to advices received in Liverpool from
New York it would appear that the trade between New
Orleans and that port, and vice versa, was gradually increas-
ing. On the two days (July 19th and 20th) there were
laden at New Orleans as follows —For New York : On board
steamer Fulton, 151 hhds. sugar, &c. ; on board the
Roanoke, 172 bales of cotton, 1,275 hhds. sugar, 111 barrels
sugar,soo barrels rosin,'7B bales and 9 packages merchandise;
on board schooner United States, 800 barrels rosin, 50
barrels pitch, 5 packages merchandise; on board barque
Henry Hill, 54 bales of cotton, 332 barrels rosin, 369 hhds.
sugar, and 25 barrels molasses; on board schooner E. C.
Howard, 450 hhds. sugar, 199 barrels molasses, 190 barrels
rosin, 24 barrels varnish, and 3 of turpentine ; on board ship
Havelock, 403 bales cotton, 1,548 hhds. sugar, 210 bales
mess, 2 bales mats, 292 barrels rosin, 50 casks molasse236 hhds.
s, and
27 bales twine. To Boston—On board Nereus,
sugar, 80 half barrel's, and 376 barrels molasses. To Fort
Pickens—On board schooner 11. Travis, 10 hhds sugar, 10
half and 90 barrels molasses, 20 kegs syrup, 5 lbs. and 40
cases crackers, 50 sacks salt, and 10 packages merchandise.
[ADVERTISEMENT.]—Holloway's Pills.—Truthful Ex-
perience.—The united testimony of thousands, extending
over more than a quarter of a century, most strongly recom-
mends these Pillf as the best purifiers, the mildest ape•
rient s, and the surest restoratives. They never prove dell'.
sive or :merely give temporary relief, but attack all ail-
itimate wayTby depurating the blood and ments of the stomach, lungs, heart, and bowels in the only
safe and leg
re-
moving those imperfections which are the foundation and
support of almost every disease. Their medical efficacy is
wonderful is renovating enfeebled constitutions. Their
action embraces all that is desirable in a household's medi-
cine.ex Theyexpel every noxious and effete matter, and
thus the strength is nurtured and the energies stimulated,

SPOB.TL

GEI VCR

LEWES RACES.—SATURDAT.
The County Cup cf 50 sous (in specie), added .to a Sweer
stakes of 5 soya e.sch, for two-yr-olds and urwarda ; pe
nalties and allowances. T.Y.C. 12 subs.
Lord Westmoreland's Merry Hart, 2 yrs, 6st 71b
(J. Grimsha,w)
Mrs. Osbaldeston's Ca merino, 4 yrs, 9st 51b..(Fordhara) 2
Col. Towneley's Cellar,;.us, 3 yrs, Bst 21b (H. Grimshaw) 3
Betting-11 to 8 agst Cellarius, 7to 4 agst Camerino,
9 to 2 agst Merry Hart..
Lord Westmoreland's colt took the lead at starting, and
carried on the running in to the bottom, where the other two+
joined him, and the three came on in company to the dis-
tance, where the favourite was beaten, and retired from the
front ; and a magnificent race between the other two ended
in the success of Merry Mr by a head ; Colonel Towne-.
ley's colt was beaten two lengt Its from Camerino.
The Juvenile Stakes of 50 soya, added to a Sweepstakes of
5 seve each, for two-yr-olds ," optianal selling allow-
ances. T.Y.C. 6 subs.
Mr. P. Beresford's Astrologer, Bst (6 0 sovs) (Fordham) 1
Mr. G. Payne's Aconite filly, 7st 111 b (£4O)
(H. Grimshaw) 2
Mr. J. Day's Creusa, 7st 111 b (£5O) ..... (Deacon) 3
Mr. T. Abraham's Maurice, Bst (£5O) (Challoner) 4
Mr. T. Steven's Rose de Clare, 7st 111 b (£SO) (Pearson) 5
1 Mr. South's Lady Ann filly, 7st 111 b (£5O) (T. French) 6
Betting--5 to 2 agst The Aconite filly, 7to 2 agst The
Creusa filly, 4 to 1 agst Astrologer.
Mr. Payne's filly made the running to the half distance,
where Astrologer went to the front and won easily by three
' lengths ; four lengths between the second and third, and the
rest beaten off.
Major Hope Johnstone bought the winner for 250

guineas.
The Lewes Handicap, of 15 soya each, 10 ft, and 3 only if
declared, with 200 added; winners extra. Two miles.
58 subs, 46 of whom pay 3 sous each,
Mr. C. Peck, jun.'s Pembroke, 3 yrs, 7st Slb
(E. Harrison) 1
Mr. F. Swindell's Millionaire, 5 yrs, Bst 121 b (Challoner) 2
Mr. Osbaldes tone's South Australian, 5 yrs, Bet 51b
(Fordham)
Mr. T. Bell ns Strike, 4 yrs, 7st 81b (Reeves) 4
Mr. Marshall's Mo:ttebello, 3 yrs, Bst 101 b.... (Clement) 5
Betting-7 to 4 ag,%t Millionaire, 100 to 30 agst Monte-
bello, 4 to 1 agst South Australian. 9 to 2 agst Pembroke.
South Australian jum tied off with the lead, followed by
Strike, the two heavy wei:giits lying off in company with
Pembroke. For the first a \h.() the pace was slow, but after
that distance had been gone o ver there was a marked im-
provement. As they approac.hod the rising ground the lot
took close order but in coming ity the hill Montebello broke,
was subsequently dismounted, at did not pass the post.
Pembroke waited on the favourite, who had taken the lead
at the distance, until reaching the ,end of the inclosure,
where he came out and won by half a length; South Aus-
tralian was a bad third.
The Town Plate (Handicap) of 50 sovs. "Winners extra.
Half a mile.
Mr. Samuel's Twilight, 6 yrs, 9st 101 b , . (J. Adams) 1
Mr. J. Saxon's Miss Livingstone, 3 yrs, 7st (Midgeley) 2
Lord Westmoreland's Bones, 2 yrs, sst R,
(J.lO Crimshaw) 3
The following also ran :—Tarragona, Michel Grove, Cer-
tificate, Britannia, Dutch Sam, Castor Oil, ,Rosabella,
Night Revel, Perfume filly, Witch of Endor, Detective,
Accident, Spitfire, Curren, and Bell.
Betting-2 to 1 agst Twilight, 6to 1 agst Miss Living..
stone, 9 to 1 agst Dutch Sam, 10 to 1 each agst Bon es, Bri-
tannia, and Tarragona.
Twilight made play throughout, and won easily by a
length, two lengths between second and third, Dutch Sam
fourth, Rosabella fifth, and Spitfire, and the Perfume filly

next.
The Castle Stakes of 6 soya each, with 30 added, for all
ages. T.Y.C. 7 subs.
Mr. P. Beresford's Titmouse, 3 yrs, 7st 51b (LD3O)
(S. aley)
Mr. Cameron's Little Dick, 5 yrs, 7st 131 b (L3O)
(Fordham)
Mr. J. Day's Creusa filly, 2 yrs, sst 11Ib (L3O) (Deacon) •
Quicksilver, Palm Oil, and Night Revel also ran.
Betting-5 to 4 agst Titmouse, 7to 2 agst Little Dick
and 6 to 1 bar two.
The favourite lay in front to the dip, where he was joined
by Little Dick and the Creusa filly. The latter, however,
shortly afterwards retired from the front, but an interesting
struggle ensued with the other two, Titmouse winning $
capital race by a head. Quicksilver was fourth, and East
End last. Mr. George Payne purchased the winner for 126

guineas.
The Railway Nursery Stakes (Handicap) of 10 so vs each,
h ft, with 50 added by the London, Brighton, and South.'
Coast Railway Company. Winners extra. T',Y•Ca
subs.
Mr. Murphy's Erin-go-Bragh, 7st 71b (carried 7st
rdhlbau)
8
(Fo),
Mr. F. Fisher's Dinah filly, Est 71b (T. French)
Mr. Mellon's Strawberry Hill, 6st 121 b (car. 6st 131 b)
(Clement) S
The following also ran :—Don't Come Late, Moubouro
quet, Louise Bonne, Pearl colt, Idea, Palmeria filly, and'
Village Lad.
Betting—Even on Erin-go-Bragh, 6to 1 each agst Idea,
and Louise Bonne.
The two first off were the Palmeria and Dinahfillies,
the Parl colt next in the middle of the Course, at the h
distance the favourite came away and won easily by three-
alt
quarters of a length ; The Palmeria filly was fourth,
Louise Bonne and Moubourquet next. Don't Come Late
was last.