The Sun.
London, England, 1841-07-24 00:00:00

____ •
ney, 6, Basinghall-street.

SURANCE.
Besides the perfe LIFEct secuA S
th rity to e policy holder of a large
141 d uP Capital, and accumulating funds, the following is one
ongst off the advantages which belong exclusively to
Ixie prineinles Life Assurance and Deferred Annuities ori-
Vt."' by the Society, viz.—Power to borrow (without de-
-4" expense, or forfeiture) Two-thirds of all premiums paid
Pon a Policy of Assurance.
Tike annexed is a short Table, showing the Annual Premium
assuring £lOO on the Whole Life, or for a Term

FOR LIFE.
A. B
e-
e.
-e. Without With For One For Five
Profits. Profits. Year only. Years only.
20 £. s. d. s. d. X. 9. g• S. d.
30 113 7 117 4 017 0 017 6
40 24 4 29 3 019 6 10 0
So 216 $ 35 3 , 13 0 15 0
44 2 413 6 113 0 116 6
13 6 73 4 30 0 310

T
w6.thirds of Profits divided annually amongst the Assured.

IEFERRED ANNUITIES DEPARTMENT.
bed...the plan exclusively developed by this Society, a single
hilt.toi Annuity is made, not only to answer the same object,
Nalt far exceed in amount the entire benefit of all the ad-
tla ages heretofore only obtained by the middle and industrious
keps through separate investments in Savings' Banks, Be-
i: Societies, and Loan Banks.
ta small yearly sr weekly contribution will secure the
pit etMple return for after life; thus-21. 12s. per annum (Is.
104eL) at the age of 20, will give the policy holder the fol.
ng option, at the age of 65 :
.Ottity for remainder of life... ......... £47 16 6
ge1.......................................... ... 394 11 0 or a
cliZeY, without further contributions, of 466 0 oat death.
wit periods of life (of 50, 55, and 60) may be also taken
similar advantages.
14,d , Two-thirds at any time lent on deposit of policy; being a
a. always available during sickness or want of employment..
else 1 see-thirds of all payments returned to representatives in
14. ef premature death.
;.11- Policies, as collateral money-security, for periods of
%iv '1 uk4ye ymears, effected at lower rates than are charged by
6,1 yer
ce (Sce Tables A. and IL), with option of con.
"'Nance for Life at the usual rates.
F. FERGUSON CAMROUX, Sec. .

PUBLICATIONS.

Mr. JAMES'S NEW WORK.

This day, in 3 vols. ceown Bvo.,
THE ANCIENT REGIME:
A Tale.
London; By G. P. IL JAMES, Esq.
--°n: By
and Co. ; and may be had at all Libraries.
Also, just published,
lIISSIC and MANNERS in }RANCE and GERMANY.
By H. L. CHORLEY, Esq. 3 vols., 31s. 6d.

AMUSEMENT AND LITERATURE.
SATURDAY, July 31, will appear No. I. (to be continued
Weekly), price 3d. (4d. stamped) of
THE LYRE ; a MUSICAL and THEA-
TRICAL REGISTER. Containing Essays on Music
st.o ,bramatic Literature, Reviews of all Novelties in the Mu-
-"'" and Theatrical World ; and a Register of New Music, &c.
Also, price Id. (2d. stamped) No. I. of
THE
BOOKSELLERS' and PUBLISHERS' REGIS-
111n CATALOGUE; being a Register of all New Works.
...Qr Town and Country Booksellers, Libraries, Public Institu-
got,_
_is and Book buyers in general. No. 7,
V-Vers received by all Booksellers, and at the Office,:
.....72ngton-street, North, Strand.

MARRIAGE.
New and Enlarged Edition (in an Envelope), price 55.,
by post 6s. 6d.,
ARRIAGE—Its Intent, Obligations, and
c.„.. Physical and:Constitutional Disqualifications, Medically
ti.
tldered; with Essays on Hereditary Health, and on
.man.y
eddhe Concealed Infirmities of Human Life. To which is
ed, the Confessional—comprising details of Alelancholy,
NervousnessA, and Feeble Health, arising from Care, Grief
Iftele.tY, Dissipation, Gourmandism, Corpulency, Love, and
a l' on, with numerous Engravings, &c., the entire forming
series of •
dr,ss., interesting, original, and important Papers, ad-
alkd 0 especially to those approaching and arriving at Pubertz
manhood, and called " PROFESSIONAL RECORDS.'
Sher a PHYSICIAN.
BrnSilitillvesd, 23, Paternoster-row; Carvalho, 147, Fleet-streot
and 11,', 5, Liverpool-street, City ; Hannay, 63, Oxford-street;
011 Booksellers.

WORK ON STRICTURES OF THE URETHRA.
Just published, price ss.
PRACTICAL TREATISE on the
„ CAUS, , and of
.?:tICTURESSE of theNATURE URETHRA, andTREATMENT their CONSE-
„ENCEs.
By u
FRANCIS I3URDETT COURTENAY, M.R.C.S.L.
And late Surgeon to the Metropolitan Infirmary for the Cure of
Strictures of the Urethra.
.!ONTZ NTS.
' Symptoms resemble those of
Stricture.

etuprao, I.
,1-‘,.luses of Strictures.
yslvisions of Strictures.
k;ansequences of Strictures.
Of
the CHAPTER tr.
Different Modes in
Practice for the Cure of
Ntrictures, by the liougie,
the Catheter, tha Lunar
aaustic, and Cutting In-
...ruments. The Author's
Mode of Cure.
CHAPTER In.
"01 the Diseases where thel
Li by Baillicre, Medical Bookseller, 219, Regent-street
pain and Marshall, Ststioners'.court ; Onwhyn, _Cathc.
`Me-street, Strand ; Barlow, Birmingham ; Ross and ignt
ginale, Liverpool; and all Booksellers m Town and Country.

CHAPTER Iv.
Of tne Treatment of the Meta•
dies Consequen upon Strie.
ture.

.• _ _ _
NIBL 0 CK'S NEW' and IMPROVED
LATIN and ENGLISH, and ENGLISH and
LATIN DICTIONARY. In Two Parts. For the Use of
Schools, Colleges, and Private Tuition. Second Edition,
considerably improved, sq. 12m0., price 9s. bound. Part 1.,
containing the Latin and English Dictionary, sold separately,
price ss. 6d. bound.
11.
GR ET TON'S INTRODUCTION to the
TRANSLATION of ENGLISH POETRY into
LATIN ELEGIACS and HEXAMETERS. 12m0., Fasc.
I. English Version, 3s. cloth ; Ease. 11. Latin Version, 3s. ;
bound together, 6s. cloth.
STEPSIII.
to SENSE VERSES ; or, a Set of
Exercises to be rendered into Latin Hexameters and
Pentameters. For the Use of Schools. Price Is. 6d. bound.
A COMPLETE KtY tat3e eAME. kkr_
iv.
WHITTAKER'S FLORILEGIUM
POETICUM ; a Selection of Elegiac Extracts
from the Works of Ovid, Tibullus, Properties, Martial, and
Ausonius. New Edition, with English Biographical Notices.
18mo., 3s. bound. V.
QUIRE'S EXERCISES for GREEK
kJ VERSE. Second Edition 12m0., ss. 6d.
KEY to SQUIRE'S EXERCISES. 12m0., price 4s. 6d.
VI.
WHITTAKER'S LATIN EXERCISES ;
or, Exempla Propria. Being English Sentences
Translated from the best Roman Writers, and adapted to the
Rules in Syntax; to be again translated into the Latin Lan-
guage. Eighth Edition, 12m0., price 3s. bound.
A KEY to the SAME. Price 2s.
VII.
WHITTAKER'S PHXDRI ET lESOPI
FABUL/E. 12m0., price 2s. bound.
VIII.
ITALPY'S CORNELII NEPOTIS EX-
CELLENTIUM lAIPERATORUNI VITiE. Ad
fidem optimorum exemplorum denuo castigator. Price 2s. 6d.,
bound.
IX.
VALPY'S PUBLII TERENTII AFRI
COMCEDI/E SEX. Ad fidem Editionis Wester-
hovianm Concinnatw. Nova editio, price 3s. 6d.
X.
AGREEK TESTAMENT. From the
Text of GRIESBACH and VALPY. 12m0., price
55., bound.
XI.
PIQUOT'S SHORT GREEK EXER-
CISES, on an improved plan ; containing the most
useful rules in Syntax, being a concise introduction to the
writing of Greek. Price 3s.
A KEY to the EXERCISES. Price Is. 6d.
XII.
CIRIECIE SENTENTUE ; a Delectus of
lit Maxims, Sentiments, and Precepts; selected from the
Greek Profane Writers, and the New Testament. To which
are added, The Golden Verses of Pythagoras, and Bion's Epi-
taph on Adonis. With short Notes, a Vocabulary, and other
Notes. New Edition, improved, 12m0., price 3s. 6d., bound,
lIINCK'S GREEK and ENGLISH
SCHOOL LEXICON; containing all the Words that
occur in the Books at School, and in the Undergraduate Course
of a Collegiate Education. Sq. 12m0., price 12s.
Also,
An ENGLISH and GREEK VOCABULARY. Price
2s. 6d.
XIV.
VALPY'S CAII SALLUSTII CRISPI
QUIE EXTANT. Nova Editio, price 2s. 6d. bound ;
or with English Notes, by Dr. HICKIE, price 4s. 6d.
XV.
VALPY'S GRADUS AD YARN ASSUM.
A New Edition, with the Verses and Phrases omitted ;
the Translation of the Words given ; also their Formation.
Blany new words are added, with various other improvements.
Price 7s. 6d. bound.
XVI.
PINNOCK'S CATECHISMS of the
GREEK GRAMMAR-THE HEBREW GRAM-
MAR-LATIN GRAMMAR-being concise and plain ex-
positions of the elements of each Language. 18mo., price 9d.
each, sewed.

WINE AND SPIRIT TRADE.
TO BE DISPOSED OF, a WHOLESALE
and RETAIL WINE and SPIRIT TRADE, with a
very extensive business as a Dram Shop, and which has been
carried on by the late Owner for about Thirty Years. His
Executors are willing to dispose of it on the following advan-
tageous terms :--a rental for the premises at no higher rate
than they would be worth for any other ordinary business, and
the tenant to take about 500/. of tie Stock at a fair value.
Apply to Messrs. G. and W. Eaglesfield, Share brokers,
Leicester.

THE COMPLEXION AND SKIN.
ROWLAND'S K A LYD 0 R,
An odoriferous creamy liquid—pleasingly efficae ous in
dissipating sun-burns, tan, pinples, freckles, spots, redness,
and all other cutaneous disfigurements ; renders the Skin deli-
cately fair, soft, and smooth ; imparts a healthy juvenile bloom to
the complexion, and realizes a delicately white neck, hand, and
arm. It is invaluable as a renovating and refreshing wash
during travelling er exposure to the sun, dust, or harsh winds.
Gentlemen will find it peculiarly grateful in allaying irrita-
tion after shaving.
Price 4s. 6d. and Bs. 6d. per bottle, duty included.
ROWLAND'S OD ON TO,
A White Powder. of Oriental Herbs. It eradicates Tartar
and decayed Spots from the Teeth, preserves the Enamel, and
fixes the Teeth firmly in their sockets, rendering them deli-
cately white, and imparts a delihtful fragrance to the Breath.
Price 2s. 9d. per box, duty included.
Notice—The Name and Address of the Proprietors,
A. ROWLAND & SON, 20, HATTON-GARDEN,
LONDON,
Are engraved on the Government Stamp which is pasted on each
Article; also yrinted, in red, on the Wrapper in which the
Kalydor is enc!osed.
„" Be sure to ask for " ROWLAND'S."

At the Guildhall, on Tuesday morning, a large
number of persons attended before the sitting Magis-
trates—the Worshipful the Mayor, and Captain Foote,
C. Tripe, E. St. Aubyn, G. F. Somerville, and J. Ram-
sey, Esqrs., in order to ascertain what steps it was ad-
visable to take to ()halm compensation for glass which
had been wilfully broken during the election, by a party
of drunken and riotms individuals, who composed part
of Mr. Dawson's precession. The most wilful and infa-
mous destruction of property took place on that occasion
by a party of drunken miscreants, disappointed at the re-
sult of the contest, rnd excited to acts of violence by men
more culpable than themselves. The law, as explained by
the clerk to the Magistrates as bearing upon the cases,
is of arch a kind as to give many of the party an
opportunity of escaping that punishment which they
richly deserved, yet we hope some of them will be iden-
tified and summoned before the bench. The clerk to
the Magistrates informed those present that compensation
for the injury of property could not be claimed from the
county, unless that injury was effected under certain cir-
cumstances ; namely, by persons riotously assembled,
to demolish, pull down, or destroy, any house or build-
ing, or place of that nature ; then compensation could be
obtained from the hundred or county in which the pre-
mises are situate. The law provided that if any persons
riotously and tumultuously assembled together to pull
down, demolish, or destroy any house or building, com-
pensation should be made by the hundred or county in
which such house or building was situate, whether the
the
parties offending could be identified or not. The present
cases, therefore, clearly did not come under that provi-
sion. While, therefore, the Magistrates would be
most ready, as on all occasions, to go into any case in
the ordinary way, where the parties who broke the
glass could be identified, they had no power to afford
redress to those who had glass broken, who were unable
to point out the persons who did it.— Devonport
Telegraph.
GENERAL ASSEMBLY'S FAST.—We beg to
warn Dissenters against lending any countenance to the
General Assembly's fast to-morrow. Persons who feel
alarm about the Church, or have been instrumental in
leading her into her present difficulties, have a right to
fix any day they think proper for fasting and humilia-
tion ; but these are matters with which the community
at large have no concern. It is intolerable that any body
of ecclesiastics should have power to interrupt business
during a whole day, whenever it suits their purpose ;
and it is clearly the duty of the public to abstain from
flattering their pretensions by seeming to obey
to e their
mandates. Many persons, we are aware, are apt m-
brace occasions when they think little business will be
done, to enjoy themselves in the country, or some holi-
day amusement ; but, at a time when the clergy. of the
Kirk are displaying unusual arrogance, it is incumbent
on Dissenters, as well as on all liberal Churchmen, to
show that they despise their authority, by pursuing their
customary avocations. It will be seen from our Town
Council proceedings, that the Magistrates are to sit in
the Police and Bailie Courts as usual. We are also glad
to observe, by a letter from Sir Edward Lees, that the
delivery of letters by the Post-office will suffer no in-
terruption. A number of the Dalkeith merchants have
likewise resolved to resist the attempt to postpone the
grain market in that town.—Edinburgh Paper.
CITY DISPENSARY.--Yesterday the half yearly
meeting of the Governors of this charity took place at the Die-
peusary in Queen-street, Cheapside. It appeared
.from the
haf-yearly report that upwards of 2,000 poor apylicants had
been relieved since January, the greater proportion of whom
laboured under small-pox or influenza. 'f he financial state-
ment showed that the funds were not commensurate to the
many demands on the institution.

INSOLVENT DEBTORS' COURT—JuIy 23.
(Before Mr. Commissioner Bowxii. )
RE THOMAS HOLLOWAY.
The hearing of this case excited very considerable interest
on account of the celebrity of the insolvent, he being the pro-
prietor of " Holloway's Ointment." From the description
given in the schedule, it appeared that he had formerly re-
sided in France. since in various places, and lastly at 144,
Strand.
The amount of debts in his schedule was stated to be 3,059/.,
and his assets 5201. The cause of his insolvency he attributed
to his expenditure exceeding his income.
Mr. Cooke appeared on behalf of Messrs. Peter Ashnell,
Burrell, and Edward Paterson, solicitors, of White Horse-
court, Lombard-street. Mr. Woodroffe appeared for the in-
solvent.
Mr. Cooke—How many creditors have you in your sche-
dule? Insolvent-204.
Mr. Cooke —How many are there in it for newspaper ad-
vertisements-190? Insolvent—Yes.
Mr. Cooke—What property have you to give up to your
creditors ? Insolvent—Not any.
Mr. Cooke—Did you not give them your acceptance for
301., half the amount due to Messrs. Burrell and Paterson,
payable four months after date, dated 29th May, 1840 ? In-
solvent—Yes.
Mr. Cooke—Was it honoured? Insolvent—lt was not.
111 r. Cooke—Did they not make frequent applications to
you for payment? Insolvent—They did, and I sent them a
101. note in a letter, by a Mr. Hibbert, on the 6th of October,
1840, but it was rejected.
[A letter was here put in and read by Mr. Cooke, dated
Manchester, October, 7, 1840, addressed to Messrs. Burrell
and Paterson.]
Mr. Cooke—Were you at Manchester on the 7th of Octo-
ber? Insolvent—No, I was in London ; but I wrote as if there,
with a view that they would renew the bill and accept 101.
Mr. Cooke—Have you not given a bill of sale to your
mother ? Insolvent—Yes.
Mr. Cooke—What is hername? Insolvent—Mary Holloway.
Mr. Cooke—When? Insolvent—ln 1840.
Mr. Cooke—Who prepared it? Insolvent—Mr. Spencer,
my attorney, in this Court.
Mr. Cooke—What property did you make over to your
mother? Insolvent—Al the property I had, of every kind.
Mr. Cooke—Then thebona tide creditors got nothing ? In-
solvent—My mother was the greatest creditor. I owed her
altogether 8001.
Mr. Cooke—What was the consideration ? Insolvent—For
board and lodging, and mosey lent (1951. from 1836 to 1840).
Mr. Cooke—But why gve your mother all ? Insolvent—
Because she was the most pressing.
Mr. Woodroffe—Execution has been levied, and there is 25/.
to be paid into this Court. There had been a judge's order ob-
tained, and there was an issue to be tried.
Mr. Commissioner BowEN—I will not discharge the insol-
vent until the issue is tried.
Mr. Cooke—The bill of sale must be brought into Court, and
cancelled.
Mr. Commissioner BOWEF—Certainly.
The insolvent, who had been out on bail, was remanded to
prison.

ASSIZE INTELLIGENCE.
HOME ClRCUlT—Chelmsford, July 23.
CIVIL SIDE.
BLACK AND OTHERS V. NEW COLLEGE, OXFORD.
This case was not brought to a conclusion until a late
hour on Thursday night. The evidence for the defence,
consisting entirely of ancient teases and other documents,
occupied upwards of eight hours.
Sir WILLIAM FOLLETT ten made a most able reply
on behalf of the plaintiffs' case, and remarked upon the
difficulty of ascertaining the actual meaning of the
expressions used in such very ancient deeds as those that
had been produced by the defendants, and also begged
the Jury to remember that the antiquaries who had been
produced as witnesses, themselves appeared to he en-
tirely in the dark as to the meaning of some of the ex-
pressions made use of, and that they admitted that many
of them might be interpreted in very different ways, and
this being the case, he put it to the Jury whether such
evidence ought to weigh against the proof of living wit-
nesses, who had themselves, for a great number of years,
paid the modus now sought to be established.
Mr. SeKjeant TADDY was then about to address the
Jury, when they intimated that they had made up their
minds, and they immediately returned a verdict for the
plaintiffs; thus establishing the modus as of right being
attached to the lani in question. The extent of the pro-
perty so situated is said to be nearly ten thousand acres,
and the property interest at stake was said to be, whether,
under the modus, threepence an acre should be paid, or
whether, under the ordinary mode of taking the tithe,
about ten shillings an acre could be demanded.
M`INTOSII V. THI; WARDENS AND OTHERS OF NEW COL-

LEGE, OXFORD.
This was an action heard before Mr. Sergeant Taddy
and a Special Jury, the plaintiff setting up for certain
land in his possessum on total exemption from the pay-
ment of tithe, and the Jury found a verdict for the plain-
tiff.
(Before Lore Chief Justice TINDAL.)
COLYERD V. BRAND. - _ -

This was an action bought against the defendant for
defamation of the plaintiff's character.
When the case was called on, Mr. James, who ap-
peared for the plaintiff, intimated that the matter had
been arranged, and said that the Jury would be spared
from hearing the details, which ho described as being of
a painful character.
Mr. Sergeant STIEE, al behalf of the defendant, said
he was instructed to statethat what had been said against
the plaintiff was uttered in a moment of excitement, and
that the defendant regretted what had occurred.
A verdict for the plaintiff, with nominal damages, was
then given.

OXFORD ClRCUlT—Stafford, July 22.
CROWN COURT.
(Before Mr. Justice COLTMAN.)
William Simpson was indicted for the wilful murder of Wm.
Hewitt, on Saturday, the 19th of June last.
Mr. Greaves and Mr. Kynnersley conducted the prosecu-
tion. The prisoner had no counsel.
It appeared, that on the morning of Sunday, the 20th of
June, a person of the name of Holland wect to a stone pit at
Armshead, a hill on Wetley Moor, for the purpose of fetching
some sand, and there saw extended at full length the body of
the deceased, who was an old man of about sixty years of age,
with the head lying on a stone in a shockingly mangled state.
The body was at that time quite stiff and cold, showing
that the deceased had been dead several hours, and Hol-
land observed that the flap of his trousers was down, and
that one of the pockets was cut off. Upon the discovery of
the body a search was made round the pit, and under a heap
of stones was found a large stone of about five or six inches
in length, covered with blood and hair. The house of the
prisoner was about 300 or 400 yards from the spot where the
body was found, and it was proved that about eleven o'clock
on the morning of Saturday, the deceased Hewitt was seen
going up towards Armshead from the prisoner's house in his
company. This was the last time the deceased was seen alive.
About two o'clock in the afternoon of the same day some young
ladies passed by the pit, and saw a man lying there, with his
feet towards the entrance (the position in whick the body of
the deceased was found), but thinking that he was intoxicated
and asleep, they took no particular notice of the circumstance,
and passed on their way. It appeared that the old man, who did
not bear the best of characters, and was well known to Mr.
Brutton, the governor of Stafford gaol, was a person of penurious
habits, and had scraped together a small sum of money, which
he always carried about him—a circumstance which was shown
to have come to the knowledge of the prisoner on the
Thursday before the murder was committed. The prisoner at
that time complained that he was badly off, and on the Satur-
day afternoon he went to a place called Bucknell, about a
mile from the scene of the murder, and asked to pay his shot
at a public-house, where he had run up a small score. He
there produced a sovereign and a purse, the latter of which
was identified as the property of the deceased. He after-
wards went to Hanley, about a mile further on, and there
changed another sovereign, and purchased a smock-frock for
Bs., his upper dress consisting at that time of a jacket with
sleeves. This jacket was produced at the trial, and the left
arm was found to be marked with stains of blood, which the
prisoner had accounted for by stating that his nose had bled
while he was in the lock-up house, but it was shown that
there were no stains of blood either on the straw or any other
part of the cell in which he was confined. After obtaining
the smock-frock, the prisoner went to another shop at Han-
ley, and there laid out 11. Is. 3d. in the purchase of other
goods, paying for them a sovereign and Is. 3d. in other coin.
Afterwards he went to a beer-house, and there paid away
some more money, and he also paid 14s. 9d. to get a jacket,
which he had pledged, out of pawn. Altogether no less than
five sovereigns and a-half were seen in his possession, and he
told a person named Lamb, on the Sunday morning, that lie
would lend him a sovereign if he liked, and that he had six
sovereigns hidden in a secret place where no one could find
them. The deceased was shown to have 'had about 15 or 16
sovereigns in his possession just before his death. It will be
seen that the case, of which the above statement is in its
main features an accurate outline, was one purely of circum-
stantial, evidence, collected from a great number of wit-
nesses, and that it rested principally upon the previous po-
verty and sudden affluence of the prisoner, combined with
the fact of his having been seen in the company of the
deceased a few hours before his death, and with the circum-
stance of the purse of the deceased being found in his pos-
session.

Mr. Justice COLTMAN summed up the evidence with great
care and minuteness, and

The Jury, after deliberating together for about a quarter of
an hour, returned a verdict of Not Guilty, to the evident as-
tonishment of the Judge and the whole Court.

NORFOLK ClRCUlT—Cambridge, July 22.
(Before Mr. Baron ALDERSON.)
DAINTREE V. lIUTCMINSIN.
This was an action upon a contract, by which the parties
agreed that their respective greyhounds should ran a match of
three courses for the sum of 1001., "p. p." (" play or pay.")
Mr. Kelly and Mr. Byles were counsel for the plaintiff; Mr.
Andrews and Mr. Gunning for the defendant.
The plaintiff, Captain Daintree, resides at Fenstanton, near
Cambridge, and is a magistrate and agentleman of fortune ; the
defendant lives near Nottingham, and is alto a man of property,
and both parties are the owners of several greyhounds, and
very fond of the sport of coursing. They were at the Louth
coursing match at the end of November last, and after dinner
the conversation turned upon the comparative merits of the
plaintiff's greyhound King Cole, and the defendant's Grasper,
which ended in the parties signing the following agreement ;
" Mr. Hutchinson challenges Capt. Daintree to run a greyhound
against his for 1001. the best of three courses in one day. Mr.
Hutchinson names his red andwhite dog Grasper, Capt. Daintree
names his fawn and white dog King Cole. Each party is to name
a judge, and the judges a referee. The match to be run on the
Wednesday in the Newmarket February meeting, 1841, p. p."
It appeared by the evidence that there exists at Newmarket a
coursing club, which holds its meetings in the first week in
February and November in each year; of this club the plaintiff
is a member and the defendant is not. Before the time when
the agreement was signed, the Newmarket February meeting
had been fixed for Tuesday, the 2d of that month, and the
coursing was to take place on the four following days. On
Tuesday, the 2d of February. the defendant was at Newmarket
ready to run his dog, but there was so severe a frost, that it
was found impossible to run, and the members of the club, who
met and dined together on that day, adjourned the courting
until the " first open Tuesday," which proved to be the 17th of
that month. The defendant, who had travelled neatly ICO
miles, was prepared to run the match, but the plaintiff was not,
and the former therefore said the match ought to be off, but
the plaintiff gave him written notice that he should insist upon
its " coming off" on the adjournment-day. The defendant
then left Newmarket, and did not return on the 17th, the day
on which by adjournment the coursing of the club took place ;
the plaintiff was on the ground with " King Cole," and after
the secretary to the club had in due form made proclamation
for " Grasper" and his master and they appeared not, he de•
dared the 100/. to be forfeited by the defendant.
Mr. Baron ALDERSON' in this state of things, was of opinion
that the action could not be sustained. The parties make a
contract that their dogs shall run a match on the 3d of Feb-
ruary, for, as the Newmarket meeting was f.xed before the
contract was entered into, that date was to be considered as im-
ported into the agreement. The day arrives ; the defendant is
prepared with his dog, and ready to tan, but owing to the state
of weather it is found impossible to start. 'the defendant was
not bound to run his dog on any other day than that on
which he had agreed that he should run, unless he made a
fresh agreement; he was no party to the postponement by
the club of the coursing, and he was not to be kept from his
home and business for a fortnight or a month, or to return at
the time to which the club thought proper to adjourn the meet.
ing. The plaintiff was not ready to run en the day mentioned
in the agreement, and therefore was not entitled to treat the
100/. as forfeited by the defendant.
The Jury then, under the Learned Judge's direction found a
verdict for the defendant.
This trial excited great interest, and several members of the
cluh_eannt.d gentlemen connected with the sporting world" were
pre