The Sun.
London, England, 1860-04-30 00:00:00

RE,NOLDS.

His Honour the Master of the Rolls said—The singular
circumstance in this case is that the testatrix gave by her
will certain legacies and gifts to her relations and friends,
subject to the payment of all her just and lawful debts,
funeral expenses, &c., and then directed that her money
should be divided between her brother and sister, and she
gave the residue of her property to her friend, George
Reynolds. All thG money belonging to her had been placed
in the stock funds

His Honour was of opinion that as the testatrix. had no
other property of value, that the bequest to her brother and
sister meant and intended the stock in the funds, and
directed it to be divided between hey brother, Dr. Chap-
man, in America, and her sister, Susan Smith, after pay-
ment of costs of suit.
CHEERBOROUGH V. WRIGHT.
His Honour adjusted and settled the minutes in this case,
and remitted to his chief clerk to take the accounts at
chambers.

COURT OF QUEEN'S BENCH.
(Sittings in Banco, before the Lord Chief Justice and
Justices Crompton and Blackburn.)

POTTER V. PARR.

The court wore occupied the entire morning in hearing
the argument of the Solicitor-General in this case, which
was an action for the infringement of the plaintiff's patent
for self-acting mules for winding cotton. The case has
already been tried twice, and again comes before the court,
on an application for a new trial.

COURT OF EXCHEQUER.
(Sittings in Banco before the Lord Chief Baron, and Barons
Martin, Bramwell, and Wilde.)

ASHFORD V. SMITH.
The Lord Chief Baron delivered judgment in this case,
which was an. action for an illegal distress, tried before Mr
Justice Williams at the assizes, when a verdict was found for
the plaintiff with £lOO damages. An application had been
made in the early part of the term for a rule for a new trial,
on the ground that the verdict was against evidence and
excessive damages. The LordiChief Baron said they had
consulted the learned judge who tried the cause, and he was
perfectly satisfied with the verdict, and was of opinion the
damages were not excessive; under those circumstances
the Court were of opinion there ought to be no rule.
Rule Refused.

BARNET V. THE LONDON AND NORTH-WESTERN RAILWAY

COMPANY.

The Lord Chief Baron delivered judgment in this case,
which 'was an action originally brought by the plaintiff
against the company to recover the value of certain goods
alleged to be in certain packages delivered to the railway
company. The company had pleaded non-delivery of the
goods, and paid 10a. into court in respect of the packages
alone, the real defence being that the claim was an impo-
sition, and that the action was brought to recover the value
of goods never sent. During the proceedings in the cause,
the plaintiff was indicted and convicted of receiving the
goods under false pretences, and was undergoing
punishment. The attorney, however, proceeded with
the action, when the defendants added to their pleas
that the plaintiff was a felon convict. Since the
commencement of the action the attorney for the plaintiff
confessed the plea, and then signed judgment for the costs
of the action up to the time of plea, under the authority
of the pleading rules of the Common Law Procedure Act.
?Zr.. Phipson had moved for and obtained a rule to
set aside the judgment, on the ground that the being
a "felon convict" he could have no right in the ac-
tion. The Court were of opinion that under the 22d rule,
when a plea was pleaded containing a defence of matters
which had occurred after tke commencement of the action,
the: plaintiff should confess he was entitled to the costs
up to that time. The right of action was not gone, because
it reverted to the Crown; it might be that the demand on
the company was a fraud, but that did not destroy the right
of action, and the defendants might have gone on with their
original defence to show the fraud, instead of which they
sheltered themselves under another plea, and the plaintiff'
having confessed he was, by the 22d rule, entitled to his
costs therefore the court were of opinion that the rule
must be discharged, with coats.

Mr. Baron Martin said it was usual to adhore strictly to
he rules.

Rule discharged accordingly, with costs.

POLICE INTELLIGENCE.—(77tis Day.)

SPORTING N OTES

The result of " The Two Thousand" proved that
public running was a better guide than private
trials. The Wizard, from the easy manner in
which he won, has now become first favourite for
the Derby, and he will be a lucky man that pos-
sesses a better and a sounder horse. The Rap,
who ran untried and nut half prepared, another of
John Scott's lot, obtained second honours. Tom
Bowline has proved in public that his form is no
better than it was last year. St. Albans won the
Newmarket Stakes with such ridiculous ease that
he must have a great chance for the big race at
Chester.

1- The great Chester meeting commences to•mor-
row. The first race on the programme—the
Grosvenor Stakes—has yet to be entered for.
The Palatine Stakes appears a good thing
for Trovatore (31b. extra) or Butterfly. For the
Chesterfield Handicap, I prefer the chances of 13cn
Webster and Maid of Orleans. Traducer's forward
position for the Two Thousand has, in a measure,
spoiled the three-quarters of a mile Wynnstay Han-
dicap, he having so much the best of the 3 yr-olds ;
next to him Volcano, 4 yrs, 7st. 21b., looks tempting.
Big Ben or Folkestone ought to furnish the winner
of the Mostyn Stakes.

The Chester Cup is expected to bring out a large
number of horses, selected from the following :
Yrs et lb Yrs st lb
Underhand
Promised Land .... 4 8 0 Miss Digby
Gaspard 4 7 8 Lady Mary gelding 4 5 10
Longrange
Twilight
Tunstall Maid .... 5 7 2 Springwell
Independence .... 4 7 2, First Lord 3 5 6
Aston 4 7 2 Rising Sun
Herne 5 6 10 Flitch 4 5 4
Marine
Tame Deer
Mouravieff 4 6 6 Apollyon
Satellite
Pensioner
Precursor
Hibernia
The Greek 4 6 3 Odo 3 4 12
Prince of Denmark. 5 6 3 Tommy Noble
Birmingham 4 6 2 The Pr Thet 3 4 10
Timandra
Brewer
Petra

I have set down, it will be perceived, 44 names,
from which, however, there will be unquestionably
some omissions, as two or three stables have more
than one representative in the list ; but, as there
may be some additions also, I feel confident we shall
have about 37 runners at the post. At the Notting-
ham meeting, on Feb. 21, we witnessed the easy
triumph of Wallace in the handicap, one mile and a
half, over a field of 14, the only old horses that
ran at all forward being Stapleton and Vigo, the
former at a difference of 321 b for the two years,
and the latter at 161 b for the year, and thus early
the three year olds showed the form they have
since retained almost throughout the whole of the
early campaign. At Lincoln, in the following
week, Vigo won, but as only three very indifferent
three year olds ran—The Gentle, Desmond, and
Kitty Kingston—no inference can be drawn in re-
spect of its result in favour of the four years
old, though, be it remembered, the distance—a
mile—is in favour of the young one. The Spring
Cup at Liverpool, in the succeeding week, wit-
nessed the three year olds again in the ascendant, but
on this occasion without much of a trial, as Apol-
lyon, carrying sst 61b, passed the winning post alone.
At Warwick, the highest scale of the handicap
proved no barrier to the success of a three-yr-old,
Danae having won quite as easily as did Apollyon
at Liverpool. Northampton saw the aged horses
with no better luck, four-yr-olds—Simple Simon,
sst 81b, Springwell sst 51b, Chance Shot sst 71b,
and The Pitman sst 121 b—having the finish to
themselves, as they had in the previous year.
Again, at Newmarket, the three-yr-olds car-
ried the day, and Eithe manner Confectioner
and Man-at-Arms " spread-eagled" the field will
not be easily effaced from my memory ; Remu-
nerator only of the thirteen old horses which
contenaed in that race being within hail at the
finish, whilst in the field was the. St. Leger winner,
who was made to accord the winner 301 b for the
year. In the City and Suburban some of the aged
horses were rather more leniently treated, and the
result was in favour of a four year old ; Apollyon
receiving 141 b from the winner, being second best,
not taking into account Lord Nelson, who I believe
only got where he did from the reasons above
stated ; and thus anomalously enough the two
short races, Lincoln and this, fell to four year olds.
The Metropolitan saw the light weighted three
year old St. Albans successful, Wallaee, who had
101 b the worst of the weights with him, getting
home second, and Clydesdale, who for his two
years gave the winner 361 b, being third. Moura-
vieff, giving 291 b, finishing close up, though not
quite ridden out.
Of the old horses, Promised Land, Herne, Moura-
vieff, Tame Deer, Birmingham, The Squire, and
Petra appear the most favourably weighted ; while
the three-year-olds will be represented by Traducer,
Horace, Man-at• Arms, St. Albans, Blue Ruin,
Apollyon, Odo, The Prophet, and Weatherbound,
if they are all allowed to take a part in the contest.
The five best, to my liking, are Man-at-Arms, Long-
range, St. Albans, Apollyon, and Petra ; and the
winner, I expect, will be either

LONGRANGE or ST. ALBANS.

There appears nothing to interfere with Curlew
for the Second Biennial Produce Stakes; and for
the Dee Stakes, Sir William or Upperhand lock well.
The Steward's Cup is a good thing for Man-at-
Arms, unless he incurs a 141 b. penalty for -winning
the Chester Cup. In the Wirral Stakes there
appears nothing to upset the pretensions of Big
Ben, or Gaspard for the Eaton Stakes.

A FRESH MAN.

ARRIVALS AT CHESTER.

Rising Sun, Twilight, Chirper, Summerside, Cecilia,
Big Ben, Br to Rainbow, Gaspard, Gardenia filly, 'Ude-
nan, Avalanche, Trovatore, and Pretty Rosa.

TATTEUSALL'S—(SAIuasAT.)

CHESTER CUP.
sto 1 agst St. Albans (offered)

12 to 1 agst Longrango
100 to 7 agst Petra (offered)
100 to 6 agst Man-at-Arms
100 to 6 agst Blue Ruin
100 to 6 agst Gaspard
20 to 1 agst Tame Deer (off)
25 to 1 agst Satellite (off)
30 to 1 agst Birmingham
1000 to 35 agst Mouravieff
33 to 1 agst Prophet
33 to 1 agst Promised Land
50 to 1 agst Marine.

DERBY.
4to 1 agst The Wizard (offered)
6to 1 agat Umpire (offered)

15 to 1 agst St. Albans (taken)
100 to 6 agst Buccaneer (offered)
20 to 1 agst The Drone (offered)

LATEST BETTING AT THE WEST END.

CHESTER CUP.
sto 1 agst St. Albans (taken freely)
11 to 1 agst Longrange (taken)
12 to 1 agst Petra
100 to 6 agst Man-at-Arms (taken)
100 to 6 agst Satellite (offered)
17 to 1 agst Birmingham (taken)
40 to 1 agst Marine (taken)

DERBY.
sto 1 agst Umpire
16 to 1 agst St. Albans
PLACE BETTING.
CHESTER CUP (FIRST, SECOND, OR THIRD).
7to 2 agst Petra (offered)
9to 1 agst Man-at-Arms
sto 1 agst Apollyon
sto 1 agst Birmingham
7to 1 agst The Brewer.

THE. MED RI ER.RANEAN AND BOMBAY
MAILS.

SOUTHAMPTON, SUNDAY.
The Peninsular and Oriental CompaYy's steamer
Euxine, Capt. Woodgates, with the heavy portion
of the above mails, in charge of Post-office marine
'clerk Mr. Gilpin, has arrived.
She brings 79 passengers, including Sir Henry
and Lady Somerset, Capt. Iliitehinson,-/adypttnd
family, Capt. Strutt, Dr. Baxter;' Capt. Cameron,
and Lieut. Waterfall, from Bombay; Capt. Brock,
R.N., from Hong Kong; Lieut. Paget, R.N., from
Malta; and the Revs. W. Ponsford and TlQv'son
from Gibraltar.

Her Majesty's ship Amphion left Malta for COrin
on the 17th. In the harbour of Malta SITTe her
Majesty's ships Marlborough, Neptune, Victor Em-
manuel, St. Jean d'Acre, Cressy. Orion, London,
Firefly, Medina, Boxer, and the Caradoe. At bib-
raltar, her Majesty's ships Scourge and Redpole.
At Alexandria, the Egyptian &IA and a Panel'
•
brig of war.

The following British ships sailing from English
ports had arrived out at Gibraltar since the last
mail :—Steamer Remembrance, 7 days from Fal-
mouth; steamer Peninsula, 8 days from London ;
schooner Ellen, 12 days from Ne‘Vport ; steamer Cora
Linn, 13 days from Glasgow ; Masillia:'4 days from
Southampton ; barque Marion, 31 days from Lon-
don; brigantine Frederick William, 18 days frosm
Liverpool; brig Fanny, 15 days from London;
brig Charlotte, 13 days from Cardiff; steamer
Brenda, 7 days from London ; brigantine J. Linroy,
13 days from Swansea ; steamer Crimean, 5 days 7
hours from Liverpool; and schooner Ivor, 7 day s
from Swansea..

Her Majesty's frigate Doris left Gibraltar on Oa
17th for the coast of Morocco, as far as Mogader.
The British vice-consuls who have returned to their
posts are Mr. Castenson for Saffi ; Mr. Stokes for
Mazagan ; and Mr. Elton for Mogador.
The French war steamer Tisipkone left on the
18th, conveying M. Carstellon, French charge
d'affaires, his attaches, and the subjects of France
and Sardinia—the latter being under the protection
of France—to Tangier. The consular agents of the
other Barbary ports are held in readiness to proceed
in another French war steamer shortly expected.
The Gibraltar ( hronicle of the 14th says :
The commissioners for making out the new Ceuta
lines had completed their labours. The Spanish
plenipotentiaries for extending the preliminaries
into articles of a treaty of peace had arrived at
Tetuan.

The remains of Vice-Admiral Don Gabriel Cisca
were removed on the 21st from the cemetery of Gib-
raltar to the Spanish corvette Villa de Bilbao. The
procession moved from the cemetery through a
double line of troops, exteuding to the place of em-
barkation. The coffin was borne upon an artillery
carriage, preceded by a military band, playing the
" Dead March in Saul." Guards of honour were sta -
tiened at the cemetery, and at the wharf whence
the body was embarked. The ceremony of removal
was attended by his Excellency the Governor, the
civil and military officers, the senior naval officer on
the station, the Spanish vice-consul, commandant
of the Spanish lines, officers of the Villa de Bilbao,
the foreign consuls, the merchants, and principal
inhabitants. Minute guns were fired from the
batteries. His Excellency Gabriel Cisca was well
known in the literary world for his numerous valu-
able writings, which obtained for him the various
high offices he held in Spain from the age of till
that of 63. He served in the Spanish navy from
the class of midshipman to that of its highest rank
(a lieutenant-general), and for many years filled
the high office of Councillor of State to his Catholic
Majesty.

TILE REVISED ARMY ESTIMA T icsc

On Thursday we compared the revised -army
estimates, which have just been issued, with the
estimates of last year ; we now proceed to compare
them with the original estimates of the present
year, issued in February, and which are well known
to very many. The total difference is insignificant,
the sum to be voted being only raised from
£14,842,275 to £14,842,546, but the d'fference upon
some votes is considerable. The number of men to
be voted is raised from 143,362 to 145 2607 an in-
crease of 1,907 ; but the force on the East India
establishment is diminished from 92,490 to 83,585,
reducing the total of her' M-ljesty's forces from
235,852 (proposed in February) to 228,854. Vote
No. 2, for pay and allowances, is raised front
£4,499,636 to £4,736,701, an increase of £237,065,
but the greater part is at once accounted for by
the " deduction for the pay of men wanting to com-
plete the establishment" being reduced by £141,000
(from £267,000 to £126,000) ; among the other
items are the " good conduct pay " raised front
£53,000 to £65,000, and the " allowances in lieu of
beer" from £lOl,OOO to £116,000. There is also
an increase of £20,000 on vote No. 4 for the em-
bodied militia, the estimate being raised from
£300,000 to £320,000; and an increase of £1,850
on vote No. 15, for the educational and scientific
branches. But on the other hand, vote No. ‘3, for
miscellaneous charges for the forces, is reduced by
£78,507 ; the estimate for the levy money of recruits
is reduced from £96,000 -to £42,000, and that for
the purchase of horses of the Artillery and Engi-
neers from £53,000 to £38,000. Vote No. 8, for
wages, is reduced by £79,137, the chief item being
a reduction of the wages of the 2,506 men in the
Royal carriage department at Woolwich from
£212,849 to £136,912. Vote No. 9, for clothing, is
reduced by £18,000; vote No. 10, for provisions, by
£2,700 ; vote No. 11, for warlike stores, by £80,300 ;
but £50,000 are due to the deduction for stores
chargeable to the Indian Government, being in-
creased from £250 000 to £300,000. The result is
a difference of about a quarter of a million both of
increase and decrease, the increase upon some votes
being £258,915, the decrease upon others £258,644.