The Sun.
London, England, 1854-05-15 00:00:00

THE SUN, LON DON. MONDAY EVENI NG, MAY 15, 1854.

AUSTRALIA.

ARRIVAL OF THE. MARCO POLO.

LIVERPOOL, SA TURDAY. --Much interest was
created here this morning by the announcement
that the celebrated clipper ship Marco Polo, Cap-
tain M'Donnell, was off the port, after anotlier
very quick run of 83 days having left Melbourne
on the 19th February. She sailed from this port
3n her outward voyage on the 9th of November
last, and has thus made both trips in six months
and four days, including twenty-three days' de-
tention at Melbourne, having been ashore through
the gross negligence of the pilot in charge, but,
after a great deal of trouble and expense, was got
off, and having been examined by the officials at
Melbourne, was reported a safe vessel for the con-
veyance of passengers, specie, &c. The unfortunate
accident, however, caused a prejudicial feeling
against her to exist, otherwise the agents write the
freights and passengers would have eclipsed all
former experience. As it was, however, she
brought about ninety passengers and 100,0001. in
gold, besides a considerable quantity in the hands
of passengers. She had also on board one of the
heaviest mails ever brought from the colonies in a
sailing ship. They were landed here in a tug-boat
at seven p.m.

Owing to the state of the water on the bar, the
Marco Polo was unable to cross until nine p.m.,
j and on coming up the river received the salute of
the new clipper Lightning, swinging at her anchor
in the river, and commanded by Captain J. N.
Forbes, late of the Marco Polo, who received her
present commander with the greatest cordiality,
and congratulated him upon his rapid trip.
The Marco Polo was to have sailed on the 13th
of February, but owing to the arrival that day of
the Golden Age (s.), Captain Porter, from this port,
a deputation of the leading merchants of Melbourne
waited upon Captain M'Donnell, and requested
him to delay his departure, in order to afford them
time for replies, to which the captain readily as-
sented ; thus bringing answers to letters from this
country of the sth December—an act almost un-
precedented.
The passengers speak in the highest possible
terms of Captain M‘Donnell, and presented him
with a small nugget during the voyage as a token
of their gratitude.
The present voyage may be classed as one of the
best ever made by this vessel, when it is considered
that she had scarcely half her complement of crew,
owing to desertions. She passed everything before
her, amongst other ships the celebrated Boomerang,
which sailed four days prior to the Marco Polo for
Callao. The Marco Polo was at the River Plate
thirty-five days after leaving Port Philip Head.
The screw steamer Australian sailed from Port-
Port-Philip Head on the 10th of February, .for
London, with several passengers, and 78,907 oz.
of gold. She was to call at the Cape of Good Hope,
for which she had 1,0001. in specie.
The news by the Marco Polo, though late, does
not possess much of interest to an English reader.
Adelaide papers state the Government measure
of having two chambers, one compokd of nominees
of the Crown, was very unpopular, and a memorial
against its adoption largely signed.
A letter from Forest Creek, Mount Alexander,
dated Feb. 10, says :—" Hundreds of persons are
daily passing through here on their way to the
Tarrengower diggings, and the number of teams
loaded with stores of all kinds for the same place is
almost incredible. The reports of these diggings
are very favourable, but the great scarcity of water
is a serious impediment to the operation of the
diggers. There is another new rush about four
miles from Castlemaine, "and the same distance
from Campbell'ii-Station, in a parallel line with the
river Loddon, and leading into the Tarrengower
diggings at Bryant s Creek. There are some thou-
sands at work there doing well, and with every
prospect of the gold field being extensive. There
are no shicers, every claim is paying, and the
sinking varies from six to twenty feet. The gold
found there is of a similar description to that at
Bendigo."
From Bendigo we learn that a considerable
number of persons, many of them storekeepers and
otherwise engaged in business, were leaving for
Callao, tempted by the accounts received there of
the discovery of gold in the country of the Incas.
The weather had become veay sultry, changing
suddenly to quite a chilly temperature. Doctors, it
is said, were reaping a golden harvest. Dysentery,
the scourge of the diggings, had begun to manifest
its fearful presence, the impurity of the water being
alleged as the cause.
The Sydney .Herald states that the export of
gold in 1853 was 584,0520 z. 18dwts. lOgrs., which,
valued at 31. 155., makes 1,781,1221. 4s. The total
exports of Sydney were 4,497,4001., which is
1,000,0001. less than 1852. The export of wool
was 15,402,3351b5., agaiust 11,080,9741b5. in
1852. The export of tallow had fallen off consi-
derably, only reaching 71,524 cwt., against
118,182 cwt. in 1852. The imports had not been
made up, but they were expected to show an
aggregate of 3,000,0001.

SPORTING NOTES.

A PARTHIAN GLANCE AT CHESTER.

" More last words" on the merry May Meeting at
Chester will be neither superfluous nor uninteresting.
To the members of the executive department in general,
and Messrs. Topha.m and Hill in p uticular, the warmest
commendation is due for the ability, zeal, and untiring
energy with which the proceedings were conducted. In
the management, indeed, few serious shortcomings were
displayed, and it is a legitimate cause for surprise how
the business of so large a meeting was got through so
creditably. The different officials were fully up to their
work, and discharged their respective duties with that
tact and efficiency which their long experience renders
habitual. The starting was certainly better than has
been seen for many years at Chester. Still, whilst
acknowledging Mr. Hibburd's fitness for his post,
yet I am compelled to state that he evinces to-
wards the jockeys a studied rudeness and severity
which is at times uncalled for. He should learn
to use that authority which is 'vested in him with
discretion, and not for every venial error, real
or imaginary, punish with " suspension " every
jockey who may be unfortunate enough to merit his dis-
pleasure. Alderoft, Basham, and Wood were not, at
the instance of the starter, allowed to ride at Chester
after the race for the Cup. Mr. Hibburd made his com-
plaint to the stewards, who gave effect to his wishes, and
the suspended jockeys were not even heard in vindication
of their conduct. Indeed, the Jockey Club law deprives
them of all: right of appeal against any decision of this
nature, however tyrannical and unjust that decision may
be. Were the starter to exercise his authority before
some great race, the inconvenience which would attend
it, would be most intolerable.
Backers of horses were more fortunate at Chester than
the layers. Indeed, the success of Epaminondas, " out-
sider" as he was, was no extraordinary slice of luck for
many book-makers. The winner, indeed, was somewhat
heavily backed. Report, however, states that his owner
was the least confident of his numerous supporters, and
that his winnings, in addition to the stakes, amount to
little more than 3,0001. The Newmarket touts were
sadly out in their estimate of Eparnieondas's preten-
sions, and another proof was afforded of their inability
to discover when they really have a "good thing"
among them. The game that was played with Aldford
was disgracefully evident. The accident which hap-
pened to Joe Miller, however, somewhat detracted from
its effect. His party met with few sympathies in their
disappointment. However, his owner might plan it,
the Star of Surrey was never expected to "come
it." I have no hesitation in declaring my belief
that had Domino represented the interest of his
party, he would bare been among the horses
placed. After the race I examined him atten-
tively, and he appeared scarcely to have " turned a
hair " The remarks which I made on the other ani-
mals in my notes published on Thursday I wish neither
to alter nor contradict.

A. frequent repetition of the proceedings which were
witnessed at Warwick, the Hoe, and more recently at
Chester, in connection with "gentlemen riders' races,"
are little calculated to promote the popularity of those
events, 'or render them desirable vehicles for speculation.
They seem to be regulated by the win tye or wrangle

A ;Ford or two may be required, not in defence
but in explanation of my "selection" for the Cup. To
pick the actual winner for a race in which so many acci-
dents are inevitable is a mere niatter of chance. Of the ani-
mals I selected, two, Indian Warrior and Acrobat, were
second and third. In referring•to The Sun of Monday
I find the following remarkable paragraph :
" Of the other tieree•year-olds the most noteworthy names
are, in my opinion, Torn, Eva, Jack Frost, Epaminondas,
and Royalist."
Royalist did not start, Epaminondas won, and Tom,
Eva;' and Jack Frost advanced considerably in the bet-
ting after my ." Notes" were, published.
The last of the Spring Meetings at Newmarket will
commence to-morrow, and be brought to a conclusion
on Thursday. The programme sets forth but scanty
promise of sport, and, indeed, the proceedings during
the three days will be dull and uninteresting. The list
contains eighteen items, all except three being unclosed
stakes. With a start I shall " stand on" Domino for
the Suffolk Stakes. In his default I shall expect the
" top weight," Sharavogue, to win. Cobnut looks on
paper the most likely winner of the 50 Sovs. Sweep-
stakes. For the Sweepstakes for two-year-olds, my pre-
sent fancy is for Redemption.
May 15.

A FRESH MAN.

NEWMARKET—MONDAY.
(BY ELECTRIC TELEGRAPH.)
ARRIVED.—Cobnut, Domino, and Kennyside Hero.

SPORTING INTELLIGENCE.

NEWMARKET SECOND SPRING MEETING..
PROGRAMME OF THE SPORT.
The asterisks indicate the horses at present located in
the town.
TUESDAY. 501. ; for three-yr-olds, 6st 21b ; four, Bst ;
five, Bst 71t. ; six and aged, 8-‘t 121 b. .The winner to
be sold for 2001., if demanded, &c. T.M.M.
501., for three-yr-olds ' • colts, Bst 71b ; and fillies,
8$ 41b. R.M.
HANDICAP SWEEPSTAKES of 10 sous each ; for three-yr-
olds and upwards. T.Y.C.
SWEEPSTAKES of 10 sovs each ; f r three-yr-olds, 7st 4113;
and four, Bst 71b. The winner to be sold fur 601., it
demanded, &c. T.Y.C.

SWEEPSTAKES of 10 silts each ; for two-yr-olds, 6st 121 b;
and three, Bst 12Ib ; fillies and geldings allowed 3ib.
The winner to be sold for 100/., if demanded, &c.
First half of Ab. M.

SWEEPSTAKES of 10 SON'S each, for two-yr-oids ; colts,
Bst 71b ; and fillies, Bst 41b. The winner to be sold
for 501., if demanded, &c. T.Y.C.
WEDNESDAY. —HANDICAP PLATE of 50 sows, for three-
yr-olds and upwards. New T.Y.C.
The JOCKEY CLUB PLATE of 50 sows ; for four-yr-olds,
2lb ; five, Bst 3lb ; six and aged, 34 91b, the pro-
perty of members of the Jockey Club. B.C.
SWEEPSTAKES of 10 sows. each, for three-yr-olds ; colts,
Bst 71b ; and fillies, Bst 41b. The winner to be sold
for 1001., if demanded, &c. New T.Y.C.
HANDICAP SWEEPSTAKES of 10 sows. each, for three and
four-yr-olds. Last half mile of New T.Y.C.
The SUFFOLK STAKES of 15 sows. each, 5 ft if declared,
&c., with 50 added from the town race fund. The
winner of the Two Thousand Guineas Stakes, the
Somersetshire Stakes at Bath, or the Chester Cup,
1854, to carry 81b extra ; of any other sweepstakes
amounting to 200 sows., including the winner's own
stake, after the declaration of weights, or of the R.lll.
Plate, on the preceding day, 4lb extra. The owner of
the second horse to receive 50 Sows. out of the stakes ;
10 to remain in, or the added money will not be added.
Suffolk Stakes Course, last mile and a half of R.C.
st lb st lb
*Sharavogue, 5 yrs... 8 12 Domino, 3 yrs 6 12
*Nutpecker, 4 yrs... 7 10 *Crosslanes, 3 yrs 6 8
Dear•me, 4 yrs 7 4 *bf by Sesostris—An-
*William Rufus, 4 yrs 7 4 vil's dam, 3 yrs... 6 6
*Epaminondas, 3 yrs Cable, 3 yrs 6 3
(in. 81b extra) 7 4
SWEEPSTAKES of 50 sows. each, for four-yr-olds ; colts,
84 101 b ; and fillies, 85t 51b. Certain winners extra;
maiden horses which have never received 1001. for
running second allowed 51b ; winners of matches only
considered maiden horses. The last three miles of
B.C.
*Sittingbourne I *Filbert *Perfidious
*Pelion Cobnut Vindex

LAW - INTELLIGENCE.--:!.Tarr 13.

~

COURT OF EXCHEQUER.
(Sittings at Nisi Prius, before Baron Martin and a
Special Jury.

HARRISON V. THE GREAT NORTHERN RAILWAY COMPANY.

Mr. Edwin James, Q.C., Mr. Prentice, and Mr.
George Shaw appeared for the plaintiff ; Mr. Bramwell,
Q.C., Mr. R. Clarke, and Mr. Wordsworth, for the de-
fendants.

This was action to recover damages for injuries sus-
tained by the plaintiff, a reporter to Life in Lon-
don, while travelling on the defendants' railway. The
first count of the declaration stated that the plaintiff was
a passenger for hire and reward ; the second, that he was
a passenger under a special contract—viz., that it was
agreed between the proprietors of Bell's Life in London
and the defendants, that the latter should carry the re-
porters of that paper to various races in consideration of
the printing of the railway announcements of special
trains to those races ; the third, that the plaintiff was
lawfully in one of the defendants' carriages, and that
through their negligence his leg was broken.
Mr. James stated the case for the plaintiff, and dilated
on the injury the plaintiff bad received, and the negli-
gence of the company. The following evidence was then
called :

Mr. Harrison.—l am the plaintiff, and am a reporter
on the turf department of Bell's Life in London. I have
been so fur 14 or 15 years. I was in the habit of attend-
ing races, reporting. My expenses were paid by Bell's
Life, and on most occasions I was furnished with a pass.
I have travelled by the Great Northern Railway so ever
since the railway opened ; the passes were made out in
the name of the editor for the time being. I showed the
pass when demanded. I believe I have been in the
train with Mr. Ruff, the conductor of the racing depart-
ment of the paper. There are sometimes more races
than one on that line on the same day. Then we have
several passes. These passes were given up at the
termination of the journey to the officers of the coin-
pany. I remember • the races fixed for the Ist and
2d of September last year, at Lincoln. On the
31st of August I went with the pass to the com-
pany's offices to meet the five o'clock express train. I
wished to go in a particular carriage. The guard said,
" If you are going to Lincoln you must go in the regular
carriage." I accordingly did so. I showed the pass. I
was travelling on the business of Bell's Life in London
to Lincoln races, as reporter, in the usual manner of
business as I have always done before. When I had not
a pass my travelling expenses were paid by Bell's Life.
When I had been ni the train a few minutes, I felt a
concussion, and was violently thrown forward. The car-
riage was shattered to pieces, and I found myself under
its ruins. I was more than an hour there. They got me
out by breaking the panel and dragging me out by main
force. Four labouring men then carried me into the
hotel adjoining the station. The same evening one or
two medical men visited me. I saw Mr. Seymour Clarke
a short time after I got to the inn, and asked him to
telegraph to Bell's Life in London, so that th business
might not be impeded. He told me that he did so. My
leg was broken. I received no other injUries but fright.
I was conveyed to London on the same day. Dr.Childs,
Dr. Jones, and Mr. Clarke attended me about three
months. They were all paid by the company. I was con-
fined to my bed upwards, of ten weeks. I could not fol-
low my busine4s of a reporter for more than five months.
My wife attended me until she died, and then I had
some one else. I paid for everything but medical at-
tendance. During that time I incurred some debts and
liabilities, some for things ordered by the doctors, as
wine. The company had not then denied their liability.
Mr. Bramwell.—Now really no claim had been made.
I have not denied my liability.
Mr.-Baron Martin.—The case had better be tried on
its merits' without prejudice : the railway company have
a perfect right to resist any claim they do not think
legal.

Examination continued.—l had about 4/. 10s. in my
pocket, which was lost with my hat and great-coat.
Some letters were then put in, one of which was from
the secretary of the company, in reply to an applica-
tion of the plaintiff for compensation, said no pass ticket
had been granted-to the name of Harrison, and if he had
a pass it must have been one granted to another person,
and not transferable ; and that aithough the company
greatly regretted his misfortunes,, yet they, were not
liable. This letter was dated Jan. 31.

Examination continued. —The pass was that fwLich I
had been in the habit of using for the last fifteen years
without any objection.
Cross-examined—l believe the passes do contain the
words " not transferable." I believe this pass was made
out to Mr. Langley. I do not remember whether I went
for the pass myself ; if I did, I took a letter from Mr.
Langley, because it would have been no use my going
without it. When I have been short distances I have
paid the fare myself. I got to the station half an hour
before the time. I showed the pass to one of the ser-
vants. He read it, and said " Quite right."
Re-examined—l believe the pass had "To Bell's Life"
on it.

William Langley—l am one of the editors of Bell's
Life, and succeeded Mr. Ruff in the turf department.
It is the custom to have pass tickets from the railways.
We announce the week before their special trains to
races, and sometimes the secretary used to communicate
with us as to the advisability of running them. I sent
the plaintiff to Lincoln, and went myself to Chehnsfird,
the races being on the same day. The Saturday before
the accident I made an application fur a pass. I gave a
letter to the plaintiff, and he went and got it. I have
travelled with a pass representing the paper made out
in Mr. Ruff's and Mr. Dowling 's name. They know
Mr. Ruff at, the station. The passes are sometimes n►ade
out in my name, sometimes to the "Editor of Bell's

Life," sometimes to "Bell's Life." Messrs V Clements
are the proprietors. They never travel with it. There
is on all the passes "specially engaged on the business
of the company."
Cross-examined—We give the announcements as news
for our readers.

Pe-examined—This letter came to me as editor from
Mr. Walter Leith, one of the managers of the traffic
department, asking whether it would be worth while to
run a special train to some races.

William Ruff—l was for 80 years editor of the racing
department of Bell's Life in London, and retired last
year. I have been in the habit of seeing Mr. Seymour
Clarke. The company has frequently applied for infor-
mation as to whether their trains should start for dif-
ferent races, and I have given it. I have inserted para-
graphs for them on the subject on various occasions with-
out charge. They were in the habit of giving us passes.
They charged us nothing, and we charged them nothing.
I have travelled frequently with the passes. and am
pretty well known at the station. There have been fre-
quently more than one reporter travelling together, with
several passes, all made out in my name. Sometimes
they were to "Mr. Ruff and his assistant." Nu objec-
tion was ever made. Mr. Langley has travelled with a
pass made out in my name.
Cross-examined—The announcements are inserted as
a piece of intelligence to our readers. I do not think that
they would have been inserted if the passes had not been
given as an equivalent.
Mr. Baron Martin—Do you mean to contend that a
different degree of diligence is necessary towards those
who pay a fare and those who do not ?

MI:. James—l understood my friend to contend that
the company may kill any one who travels without a fare.
Francis Dowling—l am one of the editors of Bell's
Life. The pass in question was made out to Mr. Lang-
ley, and not transferable, and was to the effect that any
person using it, except the person named, would be liable
to the penalties of a passenger travelling without paying
his fare. To the best of my belief, "On the business of
the company," was on it.
Viscount Enfield--I was travelling by the railway on
the 31st of August. I was residing then at Brocket•hall.
The collision was very violent. I observed some trucks,
which were the cause of the collision, across the line,
heavily laden, one being a large timber truck. The train
was going 40 miles an hour. It was an express, and did
not stop at Hornsey. I came up from Hatfield in the
morning by an express train. My train was then de-
tained an hour by the same trucks. I called the atten-
tion of the officials to this. I felt confident that they
were the same. The place where I saw them in the
morning was about two or three miles from the place of
the accident. I observed no signals, no whistle, no flags.
Cross-examined—l was impeded in the morning by a
disabled train on the up-line. That was caused by the
breaking of the piston-rod. In the afternoon I found
that sonic of the trucks lrid got up to Hornsey station.
At the time of the accident I should think that some of
the trucks were being shunted across the line. I can-
not say whether the engine shunting them had got off
the line.

Sir James Duke—l was stunned, and not in a con-
dition to make inquiries. I observed no signals or
whistle before the collision. .
Some surgeons were then called, who described the
injuries, which were a broken leg, a very considerable
wound, which bled for 43 hours, and great suffering.
This closed the plaintiff's case, and
Mr. Bramwell then contended that there was no evi-
dence to support the first and second counts. ,
Mr. Baron Martin--I think there is no travelling for
" hire and reward" proved. That must be taken in the
ordinary sense, and means something given by Harrison
fur which they carried him, and that there.is na evidence
of the special
.agreement in the second count, that Bell's
Life in London was to insert the announcements, and in
return were to have pass tickets.
Mr. Bramwell—There is no evidence on the third
count, that the plaintiff was lawfully in the carriage.
The pass was made out to Langley, and for him alone.
Mr. Baron Martin—You must take it with the cir-
cumstances. Mr. Langley wrote a letter applying for
a pass, and gave it to the plaintiff to take. That would
communicate to the company that it was not for Lang-
ley himself.

Mr. Bramwell--It is "not transferable."
Mr. James—That means as regards the public, and
not as regards the reporting staff of Bell's Life.
Mr. Baron Martin--I think so.
Mr. Bramwell then addressed the jury, and
The learned Judge summed up, saying, the jury had
first to decide whether the plaintiff was lawfully in the
carriage, and if so, what was the fair and reasonable
compensation for the injury the plaintiff had suffered—
not taking into account the amount of negligence, nor
the luxuries above his station which Le had to procure ;
for that would be to establish one measure of damages
for one man, and another for another. He did not think
his having to procure those made any difference. They
should give damages, not with a view to punish the
company, but to compensate the plaintiff.
Tae jury found that the plaintiff was lawfully in the
carriage, and gave a verdict for 4001. damages.
Mr. Bramwell tendered a bill of exceptions, princi-
pally on the ground that the judge should not have left
it to the jury to say what was the intention of the de-
fendants in giving the pass ticket, but shoulc have con-
strued it himself, and should have directed the jury that
the ticket could only have been used by Langley.