The Sun.
London, England, 1867-12-11 00:00:00

211 E FRACAS AT IVEIVMARKET.

The adjourned summons against the two jockeys—
Henry Parry, of Newmarket, and Thomas Cannon, of
Stockbridge, for the assault on Mr. James Lethbridge
Templar, on Newmarket Heath, on the Cambridgeshire
day,was heard at the police-court, Newmarket yesterday
(Tuesday), and although the case was compromised, the
proceediugs were, it will be seen, of an extraordinary
description.

'The magistrates cn the bench wore J. Dobede, Esq. (in
the chair), Major Fryer, the Rev. W. Godfrey, and Doctor
Bennett. The court was crowded, the auditory including
nearly the whole of the Newmarket trainers and jockeys,
who evinced considerable interest in the proceedings.
Mr. Morowether, barrister, of London, instructed by Mr.
Salmon, of Bury St. klinumds, appeared for the prosecu-
tion ; and Mr. Sleigh, barrister, of London, for the defen-
dants, being advised on the part of Par:T by Messrs.
Ki.choners and Fenn, of Newmarket., and on behalf of
Cannon by Mr. Leech, of Dvby..

The magistrates' clerk having stated the charges, ex-
plained that.when the case was first gone into on October
29, soon after the assault complained of was committed, a
mass of evidence was taken, but he was not aware whether
the counsel desired it to be read.

Mr. Merewether said such a proceeding would not be
necessary. Ho explained that he had been instructed by
Mr. Salmon to prosecute, which accounted fur his presence
there, and he thought himself bound to acquaint the Bench
with certain proceedings which had taken place since the
last examination. He intended frankly and candidly to
put the magistrates in possession of the facts of what had
happened, and would rely upon their good sense and judg-
ment for their approval that what had been done was right
and proper. The prosecutor. Mr. Templar, acting under
the advice of his relatives and friends, the case becoming
more and more troublesome, had consented to refer the facts
to two gentlemen of undeniable integrity, fur them to de-
ckle whether or not the affair was ono to be brought before
the court, and the defendants to be dealt with according
to law. The young men both bore high characters in
their profession, and several of the masters of one of
them were personally known to him (Mr. Merewethei).
The defendants had always been held in high respect by
their employers, and their characters ha i done them good
service in this case. Tho result bad not been, as was at
one time feared, of a serious nature to Mr. Templar, and
both that gentleman and his friends, considering that the
defendants had boon induced in a moment of wild excite-
ment to do an act quite inconsistent with their &Hy walk
in life and in entire opposition to their previous good cha-
racter, had decided upon the course he had mentioned, and
had taken the case before gentlemen who were in a posi-
tion to command respect. Those gentlemen bad been
asked, first, whether or not the case was one to be taken
before the court, and, secondly, what ought to be
done. In taking this course, Mr. Templar stood upon
his undoubted right to do so, and Lord Ailesbury and
Mr. Thomas Hughes, the member of Parliament for
Lambeth, the well-known author, who had done perhaps as
much good to the world as any other man living, were asked
to decide. Ho (Mr. Merewether) and his learned friend,
Mr. Sleigh, attended before those gentlemen, and the whole
of the evidence was taken as a fact. He trusted that the
magistrates would allow him to read the decision, because
it was of the utmost importance that the greatest publicity
should be given to it. The learned counsel then read as
follows :

" At the request of all parties we have consented to
arbitrate in the matter of the assault on Mr. Templar by
mounted jockeys, among whom wore Cannon and Parry,
at Newmarket, in October, 1867. We have considered the
question whether it was a case in which Mr. Templar might
with propriety forego further legal proceedings, and being
clearly of opinion that it was such a case, and Mr. Templar
having consented to forego all further legal redress, we
order, firstly, that the accused pay all law costs and ex-
penses which have been incurred by Mr. Templar; se-
condly, that they pay a sum of - for the assault; thirdly,
that they sign an apology, to be dictated by us.

" AMESBURY.
" TUOMAS HUGIIIS."

Mr. Mcrowether explained that the blank was left in the
decision because the arbitrators could not agree on the
sum to be awarded to Mr. Templar for the assault, and
which was to be devoted to some charitable institution or
otherwise, as Mr. Templar might deem proper. Mr.
Merewether then read as under :
"Lincoln's Inn, December 6, 1867.
"The arbitrators, before proceeding to consider the
amount to be awarded for the assault, named Lord Gran-
ville as umpire in case they should disagree ; and bAng
ultimately unable to agree the question of amount was re-
ferred to him. Lord Granville's decision was in the words
following :

"'I am of opinion that, in addition to the legal ex-
penses, tho jockeys should pay the medical expense up to
the end of 1867, and £lOO each for the assault.
" ‘(3ignod) GitANVILLE.'
" We therefore award accordingly.

" AMESBURY.
" T. lIUGHES."

Mr. Merewether, in continuation, said the magistrates
'would not regret the time he had expended, having regard
to the prospects of the young men, if such a course as had
been suggested should be come to. He might toll the
magistrates what he had not disclosed to his learned friend,
namely, that Mr. Templar was a fine, frank young man,
distinguished for great nerve and judgment, and directly
he had had time to reelect he had set his face as much as
possible against anything the ulterior proceedings of which
would bring any degradation to the defendants. He was
desirous of tempering justice with mercy, and himself had
stated that it went hard against him to take the bread
out of their mouths, as he deemed it was in an unguarded
moment that they had been the cause of injuries to him-
self. There was now a general exhibition of the hand of
mercy to the defendants, and he (Mr. Merewether) trusted
they felt thankful that the prosecutor's injuries had not
turned out more serious, and that they would retain their
characters, which had stood them in much good stead that
day. Therefore, with the permission of the Bench, ho
would withdraw the prosecution.
Mr. Sleigh said he had very little to say in addition to
what his friend, Mr. Merowether, had stated. The two
young men who had that day surrendered to their bail had
hitherto borne the most exemplary characters, but in the
excitement they had become mixed up with a disturbance,
for which they were now exceedingly sorry. Mr. Templar
had undoubtedly adopted a wise course. It had been pub-
lished that the Bench had characterised the case as of a
most disgraceful nature. He was not surprised at such an
expression of opinion; indeed ho would have been surprised
had any other been given, but the defendants regretted
very much that in a moment of excitement they had become
mixed up in the affair, the result of which had been per-
sonal injuries to Mr. Templar. lie (Mr. Sleigh) had no hesi-
tation in saying, however, that had the case gone on, the
number of witnesses who would have been called would
have put a different complexion on the case. He did not
wish to say one single word in extenuation, but it was a
genuine mistake, and the defendants did most deeply de-
plore it. They were fully prepared to accept tho decision
come to by Lord Ailosbury and Mr. Hughes, having suf-
fered agony of mind and torture of suspense which they
would not cease to feel for many a day.
The magistrates then retired, and after a short consulta-
tion returned. Mr. Dobedo remarking that as the prose-
cution was withdrawn there was nothing for the Bench to
consider. They neither expressed their concurrence nor
dissent.

Major Fryer stated that he believed it was himself who
had characterised the assault as a most disgraceful one.
Soon after the affair his opinion was asked in the matter,
and he thought it should be brought before the Jockey
Club, who had the control of the Heath during the races.
He regretted that the advice was not acted upon. When
Mr. Salmon stated the case at the first hearing he did so
iu the strongest language. Ile (Major Fryer) was, an eye-
witness of the affair, and considered it most outrageous,
and regretted that it had not been taken to a civil court.
Mr. Merewether remarked that he also was an eye-wit-
ness of the affair, and thought it a-most extraordinary
scene. As no serious results were now apprehended, the
prosecution would be withdrawn..
The proceedings then terminated. '

Foreign Mail Packet List.

MAILS DUE.

Australia and New Zealand, via Southampton....„De3. 20
Ditto, via Marseilles Dcc. 14

Ditto, via Panama Dec. 89
Brazil, Buenos Ayres, awl Monte Video Jan 5.
Ditto, by French packet
Caps Verde, by Brazil packet
Cape of Good Llcpe. Ascension. and At. Helens.. —Deo. 28
China, Penang, and Singapore, via Southampton.. Dec. 20
Ditto, via Marseilles ...... —Deo. 14
Faiklaud Islands

aibraltar, via Seuttia•uptcn
Inelfa.via Souttmapton Dec 14
Ditto, via Blarseil es
Italia, Egypt, .to. Des. I•t
Ditto, llaratilles
Ilaurit'us, Cape of Good lope, and .natal, via
Southzn•pton Dec..o
DM), ilareei les Deo. ii
Sewfoundland . .Dec. 13
Portugal .... J An. 5
Ditto, by priN rto ship to Oporto ...
Ditto t ',lto to Lisbon
United States, t anada, Calilornia, &c., t)y British

acket
Ditto, by L Led states packt
Ditto ditto 'New York)
Ditto ditto Ntw York)

DM) ditt, (Baltimore)
Ditto, by Canadian packet Deo 1.3
VVest Coast of Africa, Madeira, and Teneriffa Deo. 17
I'Vest Indus and Pazilie (except Mexico and Baha-
mas) Dec 12.
Cuba and Mexico ... —Dec. 30.

Bahamas, via New York l)ec. I
Bermuda, via Halifax

L 1 VERPOOL COTTON MARKET --This Daq

Alarkpt opens quietly at yeatiprdsy's rates, Sales
probably 10,000 baits.

Charge of Bigamy against a Baronet•

-The fon) 7/111g, appeired in oar LateJt Edition of yesterday
evening :

To-day, Sir Culling Eardley, Bart., was placed
before Mr. Flower to answer a charge of bigamy.
The defendant was apprehended on a warrant which
charged him with-feloniously marrying, on the 12th
of September, 1867, Mary Alleync, his wife, Emily
Florence, being then alive.

Mr. Gifiard, QC., prosecuted, and Mr. M.
Williams appeared for the prisoner.
Mr. Magee said—l reside at No. 4, Lancaster-
street, Hyde-park. I❑ the year 1553 I was living
in New York, and at the time I had my daughter,
Emily Florence, residing with me. In the course
of that year I bee trne acquainted with the
defeadant, Sir Culling Eardley. He ultimately
paid his addresses to my daughter, and was married
to her on the 12th D,2., 1859, at Calvery Church,
in the episcopal diocese of NeW York. The mar-
riage was performed in the ordinary way by a person
in holy orders. I heard the defendant and my
daughter consent to become husband and wife. I
afterwards saw the prisoner sign the register.
Mr. M. Williams—You saw the prisoner sign
something

Witness—The clergyman said it was the register.
As long as I remained in New York the newly-
married pair lived together as husband and wife.
Cross-examined by Mr. M. Williams—l first
became acquainted with the prisoner at the latter
end of November of the year 1859. I knew
him to be domiciled in New York three oc four
weeks before the marriage.

Mr. Williains —Can you swear that of your own,
knowledge?

Witness—Y-cs, I can.

Mr. Williams—You positively swear that you
saw the defendant 21 clear days in New York be-
fore the marriage.

Witness—Well, I'll not be positive, but' think it

WAS SO.

Mr. Williams—Wbo was present at the mar-
riage?

Witness--Cyrus Field and some of his family.
fie is a person of known respectability, I think, in.
England. Another gentleman, who is at preseut
in court, was also there.

Mr. Strepham produced the certificate of the
officiating minister in New York of the marriage
properly signed and sealed.

Mr. Moseley said—l was present at the marriage
in New York of the prisoner and Miss Magee. I
have a sart of recollection about the signing of the
registering ; it is nine years ago. I went into a
room after the ceremony.

Mr. M. Williams—You will not be quite certain
about signing the register ?

Witness—Well it is now nine years ago.
William Henry Bannister—l am the registrar of
marriages for St. George's, Hanover-square. I
produce the register of the marriage between Sir C.
Eardley and Miss Alleyne, oa the 12th September,
1867. The marriage was performed before me by
licence, at the registrar office, in the parish of St.
George's, Hanover-square.
Mr. Robert De Tracy Gould—l am a barrister of
the American bar, at which I have practised for
many years. lam acquainted with the law of the
State of New York. I have heard the evidence
given by Mr. Magee of the ceremony in Calvery
Church. If it took place as that gentleman has
described, it was a perfectly valid marriage
according to the law of America. It
is not at all necessary to enter it on the register to
make •it legal. It is quite unnecessary and quite
exceptional.
Mr. Williams—You have no doubt an authorised
copy of the law with you ?
Witness—No, I have not.
Mr. Giffard—What is the law with respect to
domicile ?

Witness—l❑ the State of New York no domicile
is required.

Mr. Flower—Nothing is required, then, as to

domicile ?

Witness—No, nothing.
Mr. Willi.unzi —Nor before the British Consulate ?
"Witness—No.
Mr. Williams—No witnesses ?
Witness —No, but it is taken as -matter of pre-
caution.

Mr. Giffard—Thenthere aro no banns required?

Witness—No, nothing. You can be married in
your own house, or even i❑ the open air if you like.
Mr. Joseph Stretton, of 3, Gray's Inn-square,
said—l am one of the attesting witnesses to the
deed of separation which was executed by the pri-
soner and by his wife, Emily Florence.

William Buck—l am warrant officer of this
court. I apprehended the prisoner last night at
No. 5, Grosvenor-villa, Junction-road, Upper
Holloway.
That was the evidence for the Crown.

Mr. M. Williams said he had to say on the part
of the defendant that after taking advice the pri-
soner came to the conclusion that his marriage in
America was invalid.

Mr. Flower said he should send the case for trial,
and before he admitted the prisoner to bail a Judge
at Chambers would have to be consulted.

NAVAL A PPOIN TME NTS.

The following appointments were made at the
Admiralty yesterday afternoon:—

Lieutenants—ll. G. Andel, W. H. Soivin, and S. A. K.
Hamilton, to the Pylades.
Navigating Sub-Lieutenant Mr. John G. Bonnet),
to the Seringapatam, for surveying service.
Navigating Midshipman—Mr. Georgo 11. Pigott, to the
Warrior.

Acting Ist Class Assist-Engineer—Mr. William H.
Burner, to tho Fisgard, for the Lightning.

LONDON GAZETTE.-LAST EVENING.

ADMIRALTY, DEC. 6,

The Rev. Henry Budd Morris has this day been ap-
pointed Chaplain and Naval Instructor hi her Majesty's

DEC; 7.

The undermentioned Officers have Wen this day pro-
moted to the rank of Surgeon in her Majesty's Fleet :
.Charles Henry Slaughter, Esq., James Paterson, Esq.,
M.D , and Samuel Campbell, Esq., M.D.
DEC. 9.
Mr. George Nathaniel Michell has this day been pro-
moted to tho rank of First Class Assistant Engineer in
her Majesty's Fleet, with seniority of 711 comber,
1857.

SMITING INTELLIGENCZ. —This Bay.

(By Telegraph.)
UItATESBND, Wednesday 11,nning.

Arrivod.—Soino, steamer, from Boulongo; Fleclia,
steamer, from Ghent; Baltiqun, steamer, from Dunkirk;
Medora, steamer, from Lisbon ; Diana, steamer, from
Amsterdam.

Sailed.— Citizen, steamer, for Bordeaux ; Sir Robert
Pell, steamer, for Dunkirk; Alvardo, steamer, for Bilbao.
DEAL, Wednesday Morning.

o arrivals.

COUB,SE OF EXOLIANGE.--Last Evening.

Amsterdam Short. 11 18 11 19}
Ditto 3 Mouths.l2 Of 12 1
Rotterdam
Antwerp — 25 32f 25 40
Brussels . 25 32} 25 40
"famburg
.. 13 Vk 13 91
_. .... .... ___

Paris
Ditto 3 Months. V: 27} 25 ;;21
11arsei11es — 25 30 25 37i
!frankfort on the Maine 1201 1201
Vienna — 12 3J 12 421
Trieste — 12 35 12 421
Peterbburgli - 31/ 31
Berlin
Madrid — 481 48/
Cadiz
Leghorn
Milan
Genoa — 28 70
29
Naples _ 28 70 29
Palermo
28 70 29
—.
Messina
28 70 29
--
Lisbon
Oporto
51/ 0
..._