The Sun.
London, England, 1849-08-03 00:00:00

AUG UST 3, 1849.
;),

ASSIZE INTELLIGENCE.
HOME CIRCUIT.—Lewes, Aug 2.
CIVIL SlDE.—(Before Mr. Baron ALDERSON.)
WILSON V. ZULUETA.

This was an action to recover damages for a breach
of a contract entered into by the defendant.
Mr. Sergeant Sheo and Mr. Lush were for the plain.
tiff ; end Mr. Sergeant Channell and Mr. Peacock for the
defendant.

It appeared that in the year 1848, the defendant, act-
ing as the agent of a Spanish merchant at the Havan-
nah, engaged the plaintiff and nine other persons as
stokers and coalmen on board a steam-ship called the
Tridente, belonging to that gentleman, and which was
partly manned by Spaniards; and by the agreement
that was entered into the engagement was to continue
fora year, with three months' notice; and the English-
men on board the vessel were to have a galley to cook
their victuals, and to be allowed certain rations. The
vessel was commanded by a Spainiard when she sailed on
her voyage; and it was alleged by the plaintiff, that upon
the arrival of the Tridente at Cadiz, the meat that was
given him and his companions was "alive" with mag-
gots, and unfit to be eaten ; one of the witnesses
stating, that on his
.remonstrating with the Spanish
captain, ho admitted it was very bad, and that he did
not think even his own men would eat it, and ho was
sure it would not do for an Englishman. Repeated re-
monstrances, it appeared, were made by the crew, and at
length the agent of the vessel at Cadiz told them that if
they would not mess with the Spaniards, they should be
sent home, and on their refusal they were paid their
wages up to the time, and their passage. paid for to Eng-
land. The witnesses represented that it was utterly im-
possible for them to fulfil the condition of messing with
the Spanish crew, as their food consisted of a quarter of
a pound of pork to each mein, which was beat up in a
mortar, and then mixed with common sperm oil, such as
was used to the engine, a large quantity of garlic, and
biscuits, which they bit to pieces and mixed with the
other ingredients, and this savoury dish was the only
food they had at every meal; but according to the tes-
timony of the Englishmen the smell of it was quite
enough for them, and it was quite impossible for them to
endeavour to accustom their stomachs to such food. The
present action was, therefore, brought by the plaintiff, to
recover the amount of the three months' notice, and also
damages for not having received the proper rations to
which he was entitled under the agreement.
Mr. Sergeant CHANNELL took some technical objec-
tions in the course of the case. He first contended that
the agreement ought to have been stamped.
Mr. Sergeant SHEE said that by the Stamp Act ma-
riners' agreements, and also those made with artificers
and labourers, were exempted from its operation. He
did not contend that a stoker on board a steam-boat was
a mariner, but he should with confidence urge that he
was a labourer as much as a person employed on a steam-
engine on a railway.
Mr. Baron ALDERSON said ha was inclined to think
that the agreement did not require a stamp, but he would
reserve the point.
Another objection taken by Mr. Sergeant CHANNELL,
that the defendant was not properly sued as agent, was
also reserved.

Mr. Baron ALDERSON having ruled that there had
been a breach of contract,

The fury, upon the facts, returned a verdict fur the
plaintiff—Damages, 251.
CROWN COURT.—(Before the LORD CHIEF BARON.)
John Becher, 32, was brought up to receive sentence.
The prisoner had pleaded guilty on the first day of
assizes to the charge of setting fire to and destroying a
number of barns and other farm buildings, the property
of a farmer at Bonham. Certificates were now handed
in to the Court, from which it appeared that up to the
time of the transaction the pri,oner had borne a most
exemplary character, and he had received several prizes
from the West Sussex Agricultural Association for good
conduct as a labourer. It was also stated that he had
received a hurt in his head, which had affected his
brain, and that he was at times exceedingly violent,
and that there was reason to believe that at the time he
committed the act imputed to him he was not in his right
senses.

The CHIEF BARON said that having regard to the
contents of the certificates and the other circumstances
of the case, he should order the prisoner to be impri-
soned for only three months, and if it was correctly
stated that his mind was affected, this would give an op-
portunity for placing him i❑ proper custody, and prevent-
ing him from committing further mischief.

NORFOLK ClRCUlT.—lpswich, Aug 2.

CROWN COURT.—(Betore Chief Justice WILDE.)
Hobert Prime, aged 25, was indicted for maliciously
cutting and wounding William Whitton, at Denham,
with intent to disable and to do him some grievous
bodily harm.
Mr. Maule conducted the case for the prosecution;
Mr. E. Rodwell appeared for the prisoner.
The prosecutor, who is a small farmer, upwards of 85
years of ago, stated that a neighbour named Canlen
having contracted to do the horse work for him on his
farm, sent the prisoner on the 29th of June last with a
pair of horses to " harrow" a certain field. As the pri-
soner was about to leave the field, the prosecutor re-
marked that he had not done it properly, and requested
him to re-yoke his horses, and do it again. 'rho pri-
soner, however, declined to allow the prosecutor to do
it himself, and after a short altercation the oil man
fid the young man " fi Il a crowding each other;"
an other words, they collared each other by the neck,
and a regular scuffle ensued, in the midst of which,
old as he was, tho prosecutor must have got the
best of it, for the prisoner called out that he
would " stab him in the body if he did not
let go." The prosecutor on this saw a knife in the hand
of the prisoner, and fearing that he would carry his
threat into execution, he put aside his right hand with
his left, while he held him at arm's length with his right
hand. The prisoner being thus foiled in his intentions,
exclaimed, " I'll cut your right hand off ;" and at the
same moment he drew his knife across te old man's
wrist. This attack, of course, made the prosecutor re-
linquish his hold, and the prisoner, without saying
another word, made otr to the hedge. over which ha
leapt and soon got out of sight. The prosecutor,
though severely wounded, continued the harrowing, and
having finished it, went to a friend of his, who had been
two years " boy" to a doctor about sixty years ago, and
by his advice lie applied some mixture of herbs to the
wound. This, however, did not do much good ; possi-
bly the ancient " doctor's boy" may have ill treated the
case. But the wrist grew as big as the prisoner's head;
on which a real doctor was called in. By his treatment
the pain and swelling were relieved, and he pronounced
that the case was going on as well as could be. But
the prosecutor now stated that he had not the perfect
use of his wrist, and felt a constant numbness in his
thumb.

The jury having found the prisoner Guilty,
His LORDSHIP declined to pass sentence on him at
present.
Thomas Colton, aged 18, wrs indicted for breaking
into the dwelling-house of Mary Thompson, at Bury
St. Edmund's, on the 16th of November last, and steal-
ing therefrom six silver teaspoons, a silver watch, and
Some coppers.
There being no Counsel for the prosecution,
The CHIEF JUSTICE took occasion to reprobate the
omission to retain Counsel in so serious a case. The
prisoner was not defended; and no Judge ought to be
subjected to the double burden of conducting the prose-
cution and the defence too. He must, therefore, beg
that the senior Counsel present would examine the wit-
nesses for the prosecution.
Mr. DASENT accordingly called the prosecutrix, and
from her statement it appeared that she and her niece,
being the only occupants of her house, they quitted it
on Nov. 16, at halt-past six in the evening to go to
church, locking and securing all the doors and windows.
As they went out they saw " Jolly Dick," the lamp-
lighter, who was lighting a gas lamp just opposite their
house. On the return of the ladies, they discovered
that the gas-lamp bad been extinguished, and on enter-
ing the house, Mrs. Thompson ascertained that the
house had been forcibly entered from behind by the
removal of a cellar window (to do which a chain was
snapped asunder). A further search disclosed to the
prosecutrix that her old watch and half a dozen silver
spoons had been carried off, the thief having, no doubt,
made his escape over a low wall bounding a back garden.
No tidings was heard of the stolen property till the month
of January, when the watch was traced to a pawn-
broker's shop, where it bad been pawned for 10s. by the
prisoner, in the name of " Ch. Catton," in which he had
on former occasions pledged a few articles of clothing.
Under these circumstances the prisoner was taken into
custody, and recognised by the lamplighter as a man
whom ho had seen loitering about the house of Mrs.
Thompson while the lamp was being lighted.
The jury having found the prisoner guilty of this
charge, and also of a previous conviction,
His LORDSHIP observed that it was evidently useless
to think of inflicting any mild sentence on such an
offender. The judgment of the Court, therefore, was,
that he should be transported for seven years.
When this sentence was passed the fellow drew his
breath in with a long shrill whistle, and in the most cool
manner thanked his Lordship.

NORTHERN CIRC WT.—Newcastle upon-Tyne,
August 1.
_ _ _

CIVIL SlDE.—(Before Stir. Justice WILLIAMS and a
Special Jury.)

been married to the prisoner about seven years, and they
appeared to live affectionately together. At Christmas
last the deceased was unwell. On the 4th of April the
deceased walked to Alston, a distance of fourteen miles,
returning on the 14th. On his way back he complained
of being unwell. He was attended by Dr. Garner, of
Haltwhistle, till the 25th of April, but died on the 27th,
it was thought by his medical man of a pulmonary
complaint, and a certificate to that effect was given by
him. Rumours having been spread that he had died of
poison, a post-mortem examination was made of the
body, and in his intestines were found thirty-two grains
of sulphurat of arsenic, five of which were sufficient to
destroy life. It appeared that at the house where the
deceased and the prisoner lodged on the 23d of April,
the prisoner asked a charwoman, named Ruth Hether-
ington, if she knew where there was a chemist's
shop, and begged her to get some arsenic, as her
husband bad found a bug on his shirt, and
there were more in the bed, and train oil and arsenic were
the best means of destroying them. On the 25th of
April Ruth Hetherington purchased four pennyworth of
arsenic and took it to the prisoner's lodgings next day.
The prisoner said the deceased was poorly, and inked
her, "if she had got it," and upon the arsenic being
given to her, told the witness (Hetherington) she would
have occasion for her help some day to put it on. She-
then washed out a little pan which was on the floor, and
said, "I must give William (the deceased) some boiled
milk." The prisoner made no secret about purchasing
the arsenic. There was no evidence how the arsenic
which produced the deceased's death had been admi-
nistered ; but witnesses stated that they had heard the
prisoner say, about Easter Monday, that she had got
bad thoughts into her head, and that she was wearing a
widow's bonnet. There was no evidence of any un-
kindness or bad feeling between the prisoner and the
deceased, and she appeared to suffer much grief at
his death.
Mr. Sergeant WlLierNs addressed the jury for the
defence, relying on the want of any apparent motive in
the prisoner to commit such a deed, and on the com-
fortable and happy terms on which she appeared to live
with her husband.
The jury found the prisoner Not Guilty.

SPORTING INTELLIGENCE.
GOODWOOD RACES.-THURSDAY. _

The Molecomb Stakes of 50 guys, each, h ft; for two
yrs old colts, Bst 7113; fillies, Bst 41b; the second to
save his stake. T.Y.C. (16 Subs.)
Mr. Gordon's William the Conqueror walked over.
Match, 50; T.Y.C.—Mr. Verity's Whitstone, Bst 71b
(J. Sharp), beat Mr. Hussey's Royal Hart, 2 yrs, sst 91b,
by three lengths. 6 to 4 on \Vhitstone. Run in 1
minute 20 seconds.

Sweepstakes of 200 sovs. each; for two yrs old fillies,
84t 71b each. T.Y.C. (3 Subs )
Duke of Richmond's Claymore walked over.
Sweepstakes of 100 sore, each; for three yrs old; colts,
Bst 71b; fillies, Bst 21b. New mile. (5 Subs.)
Colonel Anson's Champion ... (F. Butler) 1
Mr. Whitworth's Lady Jersey ... (A. Day) 2
Betting-6 to 4on Lady Jersey. Champion made all
the running, and won easily by a length. Run in 1 min.
51 secs.

Match, 100, h ft, T.Y.C.—Duke of Richmond's
Mirror, 3 yrs, Bst 111 b, beat Mr. Sturt's Humphrey, 2
yrs, 7st 91b, by a length. 2tol on Mirror. Run in 1
min. 25 secq.

Match, 100, h ft, T.Y.C.—Mr. Gordon's The Wren,
Bst 31b, received ft from Mr. Dorrien's The Verderer,
Bst 71b.

The Goodwood Cup, value 300 sovs., the rest in specie,
by subscription of 20 sons. each, with 100 aided from
the fund; the second to receive 100 soy,. out of the

stakes, and the third 50 sovs.; the winner to pay 10
sovs. to the judge. Two miles and a half. (30 Subs.)
Lord Stanley's Canezou, 4 yrs, Bst 1 11b...(F. Butler) 1
Mr. Merry's Chanticleer, 6 yrs, lOst (Rogers) 2
Sir G. Heatimote's Black Eagle,3 yrs, 7st 41b (Mann) 3
Mr. Gratwieke's Landgrave, 3 yrs, 6st 31b (Dockery) 4
Lord Exeter's Glenalvon, 3 yrs, ist 41b (Pettit) 5
Mr. Powney's the llero, 6 yrs, lOst (A. Day) 6
Mr. B. Hunt's Chicaneur, 4 yrs, 7st 11b...(E. Sharp) 7
Mr. Trewhitt's Juggler, 3 yrs, sst 101 b. (Miller) 8
Tadmor was declared not to start at half-past five on
Wednesday evening. Betting-13 to 8 on Canezou-
-sto 1 agst the Hero-6 to 1 agst Chanticleer-12 to 1
agst Glenalvon-20 to 1 agst Black Eagle—and 20 to 1
agst Landgrave, The Hero made the running at strong
pace, followed for the first half-mile by the Juggler,
Landgrave, and Chanticleer, the favourite lying off ;
Glenalvon then took the third place, and the Juggler
retiring into the rear in rounding the turn, he went on
in waiting on the Hero, Chanticleer following him,
with Canezou and Black Eagle laid up. The Hero went
on with a clear lead to the top of the turn, where he was
beaten, and Chanticleer then took up the running ;
nez in passed Glenalvon immediately after, and the race
was left to her and the grey; at the distance the mare
went up, had the lead at the Staid, and won in gallant
style by a length ; Black Eagle a bad third, and the
others beaten off. The pace was very good all the way.
Nun in 4 min. 50 sec.

Sweepstakes of 203 sovs. eiach, for two years old ; colts,
Bit 71b ; fillies, Bit 41b ; 31b and 51b allowed, &c.
T.Y.C. (5 Sub.)
Duke of Richmond's Ghillie Callum, B,ft 71b (Fiatman) 1
Lord Glasgow's c by Bay Middleton, out of Can•tda,
Bst 71b ,(Butler) 2
Lord Clifden's Sidus. Bst 71b .(Robinson) 3
Mr.'B. Green's Witchcraft. Bst 41b (Wintringharn) 4
Betting-7 to 2 on Ghillie Callum, who made all the
running, and won in a canter by three lengths. 1 ruin.
23 secs. The winner was backed for the Derby, after
the race, at 15 to 1.

The Duiae of Richmond:s Plate (handicap) of 100 sow.

New Mile:

Mr. Carew's Philosopher, 5 yrs, 7st 71b (carried 7st
91b (J. l'tiarson) 1

Mr. Ford's Telegraph, 5 yrs, Gst 1316 (J. Mann) 2
Mr. Powney's Nil Desperandum, ist 121 b (A. Day) 0
Mr. Death's Antagonist, 4 yrs, ist 71b (W. Abdale) 0
Mr. Sergeant's Katinka, 3 yrs, 7st 7lb (Abrahams) 0
Mr. Gully's Osterly, 3 yrs, ist 4lb (Vinton) 0
Lord Exeter's Tophana, 4 yrs, ist 21b ...(E. Sharp) 0
Captain Lowther's Watehd.,g, 5 yrs, 7$ 21b
Lord Clifden's Sagacity, 5 yrs, 7$ lib (Pearl) 0
Mr. Besuclerk's Whitstone,4 yrs, 6$ 131 b (Crouch) 0
Mr. S. G. Fox's Lady Frances, 4 yrs, 6st I llb 0
Mr. Dorrien's Self-Defence, 4 yrs, 6st 71b
Mr. Hobson's Passion Flower, 4 yrs, 6st 71b...(8urn) 0
Mr. Drinksll's Good Boy, 4 yrs, Est 416 ...(Rodney)
Duke of Richmond's Syrup, 3 yrs, 6st 21b...(Collins) 0
Lord Clifden's Wallflower, 3 yrs, sst 101 b (G. Mann) 0
Betting-4 to 1 agst Good Boy-6 to 1 agst Philoso-
pher-6 to 1 agst Sagacity-10 to I each agst Antago-
nist, Telegraph, and Whitsone.
Won cleverly by a length; Telegraph beating Self-
Defence by a neck, and the latter beating Antagonist by
a head. Run in 1 min. 47 sec. Whitstone broke away
before the start, and ran nearly a mile and a half at the
top of his speed before his jockey was able to pull him up.
Sweepstakes of 50 sovs. each, h ft; for three yrs old
colts, Bst 71b; fillies, 8$ 21b. Mile and a half.
(9 Subs.)
Mr. Payne's Glauca ... walked over.
The Racing Stakes of 50 soy,. each; for three yrs old
colts, Bst 71b; fillies, Bst 41b. The second to receive
100 sovs. out of the stakes. New Mile. (16 Subs.)
Lord Clifden's Honeycomb (Robinson) 1
Colonel Anson's Champion (F. Butler) 2
Lord Eglinton's Solon (Marlow) 3
Duke of Richmond's Ploughboy (Flatman) 4
Betting-7 to 4 on Honeycomb. Ploughboy made
the running for half a mile, and was then passed by the
favourite, who went on with a strong lead, and won in a
canter by two lengths. Run in 1 min. 55 sec.
The
colts,Su s.etz7Stakes oe
sf, 285,
tsous.
;e a3clhb,
afollru
wt weod,yes,acr.s,
wolidu.;
ners extra. T. Y. C. (12 Subs.)
Duke of Richmond's Compass, 8$ 41b.. ...(F. Butler) 1
Col. Peel's Longinus, Bst 7lb (Flatman) 2
Sir J. Hawley's Tingle, Bst 61b (Templeman) 3
Mr. Dorrien's Chariclea, Bst Illb (W. Howlett) 4
Betting-7 to 4on Compass. Chariclea made the
running to the distance, where she gave way, and the
running was taken up by Longinus and Tingle; Com-
pass went up opposite the stand, and one of the finest
races ever seen ensued, Compass winning by a head,
and Longinus beating Tingle by the same. Run in 1
min. 20 secs.

Sweepstakes of 5 sovs. each, with 50 added; for two
years old 6st 71b, and three Bst 71b; the winner to be
sold for 50 sovs., if demanded, &c. Half-mile. (6
Subs.)
Mr. Drinkald's Remnant, 2 yrs (Rodney) 1
Mr. llobson's Carbuncle, 3 yrs (Crouch) 2
Mr. King's John-o'-Gaunt, 3 yrs (W. Barett) 3
5 to 4 agst Remnant and Carbuncle. Won in a canter.
Run in 54 secs.

Sweepstakes of 10 SOPS. each, 5 ft; 50 added. T.Y.C.
(9 Subs.)
Mr. Drinkald's Thornhill, 3 yrs, Gst 61b ...(Rodney) 1
Mr. Drinkald's Grief, 3 yrs, 6st I Ilb (Lad) 2
Mr. Roles Besborough, 4 yrs, 7st 41b (Pettit) 3
The following also ran:—Taffrail, 4 yrs, ist Ilb (G.
Brown); Romantic, 3 yrs, sst 13Ib (Cowley); Cambric,
3 yrs, bit 21b (Dockeray).
5t04 on Thornhill, and st) 2 ogst Taffrail. Won
by a length, half a length between second and third. Run
lad,
in I min. 19 secs. Grief broke away twice with i
the
and ran the whole distance. Ono mile. Gen-
men
9: t 131 b ... 2
The Anglesey Stmakeensrojafelrss.sor(s each.
3.
sucbh;)
Mr. Osbaldeston's Chat. :s Yrs, 103 t 516 (Owner) 1
Duke of Richmond'sto2 on Chat.Buff.t w
loGsl,, o 3 yrss
neasily.
Sweepstakes of Bit sovs.
each. each, h
(3 ft,
Sfor
)two yrs old colts,
71b übs.
Mr. Shelloy'a Cumberland received, Mr. Gordon's
sttoaittaek.e 14 t 1 about Ghillie
yn(Bi withdrawingETlNG.
—Offersliis
CWailhluErminv Whirlwind

THE QUEEN'S COLLEGE, BIRMINGHAM, THURSDAY.
—The Rev. Dr. Warneford has just contributed
another 1,0001 towards promoting the interest of the
above institution, being the third thousand which has
been given by that distinguished divine to the funds of
the college. The Loco/. now given is towards an en-
dowment of the Professorship of Pastoral Theology,
and was a! rouneed yes!(rday at a special meetirg of the
council by Professor :Innis Cox. On the motion of
Edward T. Cox, seck,ndel by Mr. Armfield, the thanks
of the meeting were carried with applause to Dr. Warne-
ford for his esoesdirtgly dohstivrt.