The Sun.
London, England, 1860-07-27 00:00:00

THE SUN, LONDON. FRIDAY EVENING. JULY 27, ISO.

LAW INTELLIGENCE.--(THIS DAY),

COURT OF CHANCERY.
(Before Vice •Chancellor Sir William Page Wood.)
JUDGMENT.—THE LIVERPOOL BOROUGH RINK V. TURNLR.
His Honour, the Vice-Chancellor, said—The question
that is raised in this case, under the Shipping Registration
Acts, is one of very great importance. The question which
is raised is, whether, under a contract for a mortgage, or an
agreement for the sale or mortgage of a ship, entered into
by the parties, was in itself such an agreement as would
justify the court to execute its powers of equity, and decree
specific performance of it. Such a case as the present has
never been decided, and no provision is made for it in the
Registry Acts. His Honour referred to the practice of the
court under the old Registry Acts, to see if any equitable
beneficial interest cases did fall under these acts, and did not
find any. The former Shipping Acts and the present Mer-
chant Shipping Acts require the complete registration of
all incumbrances on ships, and no provision is made for the
i egistration of agreements for the sale on mortgage of ships,
and such agreements cannot appear in the register. His
Henour cited the decisions of Lord St. Leonards, in Ran-
kine and Greene, Hutchison against Wright, 25 Brown,
and Hughes and Morris, (De G ex, Macnachtert and
Gordon) before the Lords Justices and Lord Cranworth, to
show the Court did not decree specific performance of
agreements for a beneficial interest in ships not
registered. His Honour minutely examined the se-
veral !sections of the following acts of Parliament to dis-
cover whether this agreement could be enforced :-6 Geo.
IV., which enacted that all property in British ships shall
enter the register ; 3 and 4 Yid., sec. 4 and 37, and 8 and
9 Vict., to the same effect. Sections 3 and 32 describes
the character of the ship, and section 18 the person en-
titled to hold the ship, and the complete registration of the
bill of sale, transference, or incumbrance on ships. Section
38 describes the person having a legal interest in the ship,
and sections 61, 62, 63, and 64, describes the proceeding ne-
cessary for the transfer and sale of the ship ; they must all
appear in the register. Section 103 was an excep-
tion, where such interest is forfeited by insol-
vency or bankruptcy. Sections 58 and 59 gives the
form of transference. His Honour, after considering all
these•several sections of the Shipping Registry Acts, and
in particular the provisions of the Mercantile Shipping Act
(April, 1855), came to the conclusion that the plaintiff was
not entitled to havd this agreement registered, and not en-
titled to specific performance of the agreement, and dis-
missed the plaintiff's bill with costs on this point. The
defendant will have his costs in so far as he has been suc-
cessful in this case.

POLICE INTELLIG_ER C.E-( THIS DAI .)

BOW-STREET.

George Field, a respectably-dressed man, was placed at
the bar charged with stealing £l4 10s., the property of Mr.
Koppers, an eating-house keeper in Wardour-street.
Fanny Woollams said the prisoner, in company with
another man, entered a dining room kept by her brother-
in-law, and proceeded up stairs to the public room and
ordered dinner, a few minutes before one, about three weeks
ago. It was served, and they ordered some ale, and re-
mained in the room about an hour. The apartment from
which the money was taken adjoined the dining room, and
on returning with the ale they both said they were in a
great hurry to get away. They paid for their dinners and
left. She was quite positive the prisoner was one of the
men.

Mr. Koppers said he kept a dining-room in Wardour-
street, and a few minutes before one the prisoner, with a
companion, entered the premises and ordered dinner. A
few minutes before one on the day of the robbery he had
been upstairs, and had occasion to observe the money which
was kept in a drawer in the bed-room. After the prisoners
had left he was induced to go upstairs, and then discovered
the door of the room and the drawer in which the money
was kept had both been forced open and the cash stolen.
The prisoner denied he was at the house on the day in
question.
The prosecutor said he was almost certain he was, and
that he left with his companion before the whole of the
dinner supplied had been consumed.
Prisoner said that was not true, as they had eaten the
whole of the things ordered. _ _

The magistrate—Then you did dine at the house on the
day in question.

In answer to questions from the magistrate the first
witness said she had observed the prisoner and her com-
panion dine at the rooms on the day before, and she sup-
posed the bed-room door had been tried, as on her brother-
in-law attempting to go into the room he had great difficulty
in opening the door.

The constable who had charge of the case said the
jemmy found on the prisoner corresponded with the marks
made in forcing open the drawer containing the money.
The prisoner was fully committed for trial.

MARLBOROUGH-STREET.

VISCOUNT RITNIIAIt AND AN " UNFOIVTUNITE2'

—Mag Lawrence, a young woman, described on the
charge sheet as a prostitute, was charged before Mr. Tyr-
whitt, with annoying male passengers in Lower Regent-
street, for the purposes of prostitution."
Viscount Raynham, M.P., attended to watch the case on
behalf of the defendant, and was accommodated with a seat
on the bench.

George Bowden, 296 A, said—l was in Lower Regent-
street at half-past eleven the previous night, and saw the
female accost five different gentlemen. She followed tho
first gentleman up and walked in front of him, but I can-
not say what the gentleman said to her. Another
gentleman came along and she then followed him
and returned to the corner of Charles-street, having
prevented his getting along. A third gentleman then
came by, and she laid hold of his arm, and to get
rid of her he pushed her away, and was obliged to walk on
the kerb. She then acted in a similar manner towards a
fourth and a fifth. I then took her into custody, on which
she said "Pray let me go, I'll do so no more."
The Defendant—l never touched a gentleman or spoke to
one ; it's all false.
Bowden said she was walking about for above 10 minutes.
The Defendant—l was waiting for a person to come out
of Charles-street, and was walking up and down.
Inspector Holden said—l took bail for the prisoner at
half-past 12, having taken the charge at 11,35. She gave
the address 8, Norfolk-street, Blackfriars-road. I read the
charge over to her, as I usually do ; it was for annoying
male passengers for the purposes of prostitution. She was
quite sober at the time. I have not had her in charge be-
fore. The constable has been on the beat three weeks. On
the way to the cell she said it was true, and hoped I would
let her go.
Mr. Tyrwhitt asked if he had brought many charges of
the kind ?
Inspector Holden—Not many. There are great com-
plaints from the inhabitants.
Viscount Raynham asked the magistrate if what she was
charged with was an offence, and was informed it was so.
Mr. Tyrwhitt—She has never been warned before. She
may have been, as she says, waiting for some one. There
is no evidence to show she is a prostitute, or been seen
walking about there, and without that I shall not act on it.
There is no reason to believe the inspecter has net told the
truth, but it is usual for persons, particularly a woman, to
say, "I will never do it again." Considering she has
never been here before I shall discharge her ;
but (ad-
dressing the defendant) you had better mind, for if you do
it again, they will say you have boen here before. You
are discharged.

SPORTING INTELLIGENCE.

GOODWOOD RACES.—TErnsDAY.

The Sussex Stakes of 25 sous each, for 2-yr-olds ; colts,
Bst 71b ; fillies, Bst 41b. Certain penalties and allowances.
T.Y.C. 8 subs.

Mr. Merry's Rambler, Bst 41b (Custance) w.o.
The Zetland Stakes of 100 sovs each, for 3-yr-olds ; colts,

Bst 71b ; fillies, Bst 21b. One mile. 3 subs.
Mr. Merry's Trovatore, Bst 71b
Lord Zetland's Fusilier, Bst 71b ..
Betting-4 to lon Trovatore.

The favourite led throughout, and cantered in the win-
ner by two lengths.

The Tenth Bentinck Memorial Stakes ; a biennial stakes of
10 soya each, for foals of 1858 ; colts, Bst 71b ; fillies, Bst

41b. T.Y.C. 29 subs.
Mr. Henry's Vergiss-mein-Nicht, Bst 41b (G. Fordham) 1
Lord Exeter's Knight of St. Patrick, Bst 71b (Aldcroft) 2
Mr. Gratwicke's Preceptress, Bst 41b (J. Daley) 2
Big Ben, Starlight, and Sister to Roesia also ran.
Betting-6 to 5 agst Beg Ben, 3to 1 agst Vergiss-mein-
Nicht, 4 to 1 agst Starlight, 5 to 1 agst Preceptress.
Vergiss-mein-Nicht made play, with Preceptress and
Starlight in attendance, Big Ben next the rails, and Knight
of St. Patrick on the outside. At the bottom of the hill
Starlight was beaten, and Beg Ben and Preceptress went
on in pursuit of Vergiss-mein-Nicht. At the Grand Stand
enclosure both Big Bin and Preceptress were beaten, and
Knight of St. Patrick came with a rush, made a good effort
to head Vergiss-mein-Nicht, but failed to get up, and was
beaten by two lengths; bad third.

The Racing Stakes of 50 sovs each, for 3-yr-olds ; colts,

, -
Bst 71b ; fillies, Bst 41b. One mile. 3 subs.
Mr. Payne's Tuccio, Bst 7111 (L. Snowden) 1
Mr. Gratwicke's Ebony, Bst 71b (J. Daley) 2
Betting-7 to 4on Ebony.

Ebony made play. At the Stand enclosure Tuccio
challenged him, and won a very pretty race by half a
length.

The Molecomb Stakes of 50 sovs each, h ft, for two-yr-
olds ; colts, Bst 71b ; fillies, Bst 41b. Certain winners ex-
tra. The second to save his stake. T.Y.C. 13 subs.
Lord Stamford's Diophantes, Bst 121 b (inc 51b extra)
(A. French 1
Mr. T. Parr's Parasite, Bst 121 b (inc 51b extra) (Clement 2
Mr. Merry's Phemy c, 9st (inc 71b extra)....(Custance 3
Dr. Nichol and Icarus also ran.
Betting.-2 to lon Diophantes, 9to 2 agst Dr. Nichol,
5 to 1 agst the Phemy colt.
The Phemy colt and Diophantes ran in front over the
hill. The favourite soon took the lead, and attended by the
Phemy colt and Dr. Nichol, he ran home an easy winner
by a length, Dr. Nichol, who took second place at the
half distance, beating the Phemy colt by a head ; bad fourth.
The Goodwood Cup, value 300 sovs, the rest in specie ; tha
second to receive 100 sovs out of the stakes. Two miles
and a half. 42 subs.

Lord Annesley's Sweetsauce, 3 yrs, 7st 71b .. (Charlton) 1
Baron Rothschild's Gustave (bred in France), 3 yrs,
Gst 71b
Count F. de Lagrange's Zouave (bred in France) 5 yrs,
Bst 71b (Hearnden) 3

Starke, Butterfly, Highwayman, Horror, and Optimist
also ran.

Betting.-2 to 1 agst Horror-5 to 2 agst Starke-7 to 2
agst Butterfly-8 to 1 agst Sweetsauce.
Butterfly was first off, but on passing the Stand Zouave
took up the running, with Gustave, Optimist, and High-
wayman next, Sweetsauce and Starke being the last two.
On approaching the turn out of the straight, Starke went
through his horses and forced the pace, because his stable
companion, Optimist, was incapable of accomplishing the
task, and the second and third were Gustave and Sweet-
sauce. They had scarcely travelled 100 yards, however,
when Zouave bore his colours in the van, and soon put an
interval of a dozen lengths between himself and his pun•
suers, Gustave going on second, Starke, Highwayman,
Horror, and Optimist lying up at his heels, and Butterfly
dropping into the extreme rear. As they neared the clump
Gustave separated himself from the ruck by an interval of
about a couple of lengths, and Zouave's lead began to dimi-
nish. Horror was however at the side of Gustave on round-
ing the turn, but did kot keep that position long, dropping
behind Starke, who soon passed Gustave, headed Zouave,
and in a few strides took up the running, attended by
Zouave and Gustave, the others, with the exception of
Bntterfly and Optimist, who were in the rear, going on side
by side. Horror was in difficulties on descending the hill,
and Sweetsauce went up to Starke, who was beaten at the
distance, Gustave becoming second. The race from that
point was over, for Sweetsauce cantered away from his op-
ponents without an effort, and won by ten lengths. Gus-
tave finished two lengths in advance of Zouave, at whose
girths finished Starke. Butterfly was fifth, and Highway-
man, Horror, and Optimist did not pass the post.
The Ninth Bentinck Memorial Stakes of 10 sovs each, for
foals of 1857 ; colts, Bst 71b ; fillies, Bst 31b. Gratwicke

Stake Course. 31 subs.
Mr. Merry's Northern Light, Bst 71b (Custance) 1
Lord Derby's Emily, Bst 31b............ (A. Edwards) 2
Betting-5 to lon Northern Light, who made all the
running, and won by three lengths.
Tke Findon Stakes of 10 sous each, for 2.yr-olds ; colts,
Bst 71b ; fillies, Bst 41b ; extra weight f r winners. T.Y.C.
57 subs.
Mr. Merry's Dundee, Bst 121 b (in. 51b ex.) (Custance) 1
Mr. Flerning's Nemesis, Bat 41b .. (G. Fordham) 2
Baron Rothschild's Giraffe filly, Bst 41b .... (Charlton) 3
The following also ran :—Dilbar colt, Parasite, Knight
of St. Patrick, Damascus, Brown Duchess, Neighbour, and
Heliopolis.

Won by four lengths; a neck between the second and third.
The Eighth Bentinck Memorial Stakes for foals of 1856;
colts, Bst 71b ; fillies, Bst 21b. Queen's Plate Course. 32
subs.
Lord Strathmore's Mouravieff Bst 71b (Aldcroft) 1
Mrs. Osbaldestone's St. Clarence Bst 71b (Charlton) 2
Lord Strathmore's May Morning, Bst 21b.... (J. Covey) 0
Betting-100 to 15 on Mouravieff, who won in a canter.
May Morning was beaten off, and did not pass the post.
Sweepstakes of 50 sovs each, h ft, for three- yr-old colts,
Bst 71b; fillies, Bst 21b. One mile and a half. 4 subs.
Lord Stamford's Provision Walked over.

THE COWDRAY STAKES, WEDNESDAT.—Bayard did noi
go to the post for this race. He was saddled and mounted,
but on his way to the post he threw his rider, and got loose.

RACING FIXTURES FOR 1860.
Brighton AUGUST.I
Oxford
Brighton C1ub.......... 3 Plymouth 21
Wolverhampton 6 York 22
Reading 8 Lichfield 27
Radcliffe l3 Stockton 2B
Egham l4 Derby 29

SEP'

Warwick
Doncaster 11
Chesterfield l7
Leicester
OCT,
Bedford
Newmarket S 0.... •

:MBER.
Monmouth 2O
Manchester Autumn 21
Newmarket F.O 25

,RER.

Newmarket II 22
Worcester Autumn 30

IstovE:
Hereford ............. 1
Liverpool Autumn ...... 7 I

:MBER.
I Shrewsbury Autu.mn....l3

IRELAND.

Heath of Maryboro' A.I.TGUST.
7 Roscommon 2'.
Galway ................ 14 1

SEPTE3C3IIR.
Carnet ................ 4 j Jenkinstown Park 18
Tramore
...... 11 [ Cashel
OCIT
Londonderry .......... 2
Curragh ..............16

181 R.

Royal Down Corporation-24
Strabane 3O

A Q UATICS.

DOGGETT'S COAT AND BADGE.
This renowned wager comes off on Wednesday next, from
the Old Swan, at London-bridge, to the Old Swan, at Chel-
sea, the following being the competitors :
Benjamin Olyett
.... Tower.
Jeffrey Herbert Abbott Horselydown.
Abiah Palmer ............ Horselydown,
George Turner Humphrey Irongate.
Henry John Mundy Phelps Fulham.
Nathaniel Rolles, jun ...... Old Barge House.
The first man receives a coat and badge, for which the
money was left by the late Thomas Doggett, and £1 given
by the Fishmongers' Company ; the second £4 17s. 9d. ;
and the third, £2 lEs. 9d., being the interest arising from
money left by the will of Sir William Jolliffe ; and the
Fishmongers' Company give the fourth man £1 lls. Gd.,
and the fifth and sixth men a guinea each, if they go the
distance. The race will start at about one o'clock, and will,
as usual, be under the management of Mr. Dards, barge-
Company.
master to the Fishmongers'

ST. JOHN OF 'WAPPING REGATTA.
The annual regatta at Wapping came off yesterday, for
a new boat and other prizes, and attracted a large number
of spectators.

First Heat.
J. S. Rae, Union-stairs (White) 1
J. Church, Hermitage-stairs .. (Yellow) 2
J. Cannon, King Henry-stairs
Won by three lengths.

Second Heat.
E. Briant, Warping Dock-stairs .... (Blue and White) 1
J. Chandler, Wapping Old-stairs (Pink) 2
R. Bottomley, Alderman-stairs (Green) 3
Won by three lengths.

• -

THE POPE'3 17211311 RECRUITS.

A. letter bearing the signature of " John A.
Walker" gives the following particulars in connec-
tion with the account of the return last week to
Dublin of a batch of the Pope's Irish Brigade, and
of their sufferings abroad and at home. The writer
puts down the number of these prodigal sons at
116, instead of 69, as stated in the first instance :
" One hundred and sixteen of these unfortu-
nates presented themselves before Mr. Sullivan,
of the Nation newspaper, on Sunday morning last,
and demanded an interview, because, as they said,
he had led them (by his statements) in
his paper) to believe they would receive a large
bounty if they joined the Pope's army, 2s. a day
pay, and the treatment of gentlemen ; and there-
fore, when they found out how utterly, how
cruelly they had been deceived the moment
they touched their native shores, they, penniless
and starved as they were, rushed off to the man
who had been the means of misleading them, and
who by his mis-statements had induced them to
relinquish their good situations and leave their
comfortable homes to be treated as brutes, or as one
of them said to me, far worse than we treat our
dogs.' But Mr. Sullivan would have nothing to
say to them, and therefore they were cast—many
of them without a farthing in their pockets—
upon the streets of our city. to pick up a morsel
as best they could. One or two of them
went to priests for aid, but no aid was given ; the
door was shut in their faces; their naked, starved
appearance did not move the hearts of those ghostly
men who had so shamefully betrayed them ; and
the children of the Church,' the Volunteers of the
Pope, must find their way home—wherever that
is—as best they may. The tale of their sufferings
is horrible, and the treatment they endured so
shameful that we ask ourselves in amazement,
Can these things bee' One of the young men,
whom I knew very well in Cork, and who held
a respectable situation in that city, gave me a
written account to-day of his sufferings.
It is too long to publish, but I will give its
substance. They were engaged in Dublin by Mr.
Sullivan, of the Nation ; 12s. 6d. was paid them
as passage money to Liverpool, where a Father
O'Reilly met them, and forwarded them to Hull.
Here a Mr. Cooper gave them 10s. 6d. each, and
forwarded them as deck passengers to Antwerp,
and from the time they left Hull their trials began.
On the voyage to Antwerp they were two days
and two nights, and were allowed all the time
only two meals; and when they got to Antwerp
a person named Barry forwarded them to Bel-
gium. All this time they had but one meal a
day. They were conveyed regularly but rapidly
to Rome, kept travelling four days and nights
in i ailway carriages, and when they entered a
town, if to sleep, it was a stable or a watch-
house, upon the floor of which they had to lie,
while their food was black bread and beer,
or occasionally maccaroni soup and stinking Ger-
man sausages. English workhouse paupers are
treated as gentlemen in comparison, because they
are at least allowed their three meals a day, and the
food is healthy and good, but were never allowed
more than two, and those in such small quantities,
and of such bad quality, that they served rather as
emetics than as satisfiers of the appetite. But their
journey from Macerata to Rome was really the
most cruel. The weather was so oppressively hot
that they could hardly bear up against it, and not-
withstanding this they had to march an average of
40 miles a day on one meal of brown bread and
bad soup, and as if to add insult to injury,
the young man writes,—' A Dr. O'Loughlin,
of Waterford, who had a car and a pair
of good horses, accompanied us, and urged us
on by telling us the Holy Father was waiting for
us, and would receive us and treat us like sons."
Meanwhile every post-house or hotel we stopped
at he got plenty to eat, but never offered one of us
a mouthful, while he knew we had not a penny to
buy for ourselves. Oh, we have a blessing in store
for this man ! " When we arrived at Rome '—l
give the young man's own words—' we were
marched about four miles to a barrack, where we
were thrust into a yard. to get our dinner, which
turned out to be our supper as well; it consisted
of half a pint of sour wine, and twelve ounces of
black bread. We remained in Rome three week;
and each day was more miserable than its
predecessors. Our food was horrible and scanty ;
and even this we could not enjoy were we disposed,
for the number of beggars who surrounded us crav- '
ing for a share of it. I saw fine, strong, able-bodied
men who went out with me visibly sink under their
sufferings, our treatment was so bad. When
we applied to the priests, they all laughed at
us; they either could not or would not help
us. In fact they appear to be both hated i
and despised by the soldiers and of
Rome, and we found out to ow,- cost what a
set of hollow wretches they were. We com-
plained, and well we might, to the English Con-
sul ; for we found the English Government was
feared in Rome above all others, so much so
that we were told if we applied to him, or made
any coniplaint, we should be shot. However, we
stole to his house at night, and he kindly, although
we knew we had forfeited all olaim upon him,
helped us. Many of us feigned illness, and some
cut their legs to get into hospital, and when there
I saw many maim themselves that they might be
sent home, for we were determined to suffer any-
thing rather than continue in that horrible service;
and home we have been sent, thank God !
But if our journey out was bad, our treat-
ment at home was far worse. It seemed ft

if nothing could be bad enough for us, and the
worst food too good. We were told In London
by the agent there that Mr. Sullivan would pay
our passages home from Dublin; but we were told
what we were told from the beginning—a lie. Had
it not been for the kindness of Mr. Aitken, of the
firm of M'Birney, Collis, and Co., I might have gone
to the workhouse for anything either he or the
priests to whom I applied cared.' Hear what he
says about Rome,—' Rome is a small place, and its
streets are narrow, and so filthy that every one is
like a stench-hole, while the beggars that follow you
everywhere look so miserable and wretched that
they nearly break your heart to hear them cry for
bread, bread,' while the priests are seen everywhere
eating, drinking, and smoking, as if they had no-
thing in the world else to do. Oh! how my heart
panted for old Ireland, and how I prayed to be
away from this accursed place !' "