The Sun.
London, England, 1858-05-11 00:00:00

SPORTING NOTES.

THE DERBY.
Amongst the Derby horses that played a promi-
nent part in what the reporters were pleased to de-
signate the " Rodee Revels," were Kelpie, East
Langton, Physician, and Jordan. Mr. T. Parr's
colt went quite out of favour after his Cup exhibi-
tion, albeit his race on the Tuesday induces people
to think that a horse as good as Saunterer at
weights for age cannot have a very remote Derby
chance. It must be granted that the 21bs. extra
which Kelpie carried for the Cup was not calculated
to help him home. He ran fast for about a mile
and a half, when his weight began to tell ; and,
despite his York and Chester defeats, I shall be
much surprised if Kelpie does not leave a great
many more horses behind him than before him at
Epsom. Physician proved himself an able prac-
titioner, and his running obtained for him several
new "patients," who have expressed their de-
termination to "bleed" pretty liberally in his
behalf. The horse's performance for the Cup
was decidedly respectable ; and, indeed, had he not
been "shut in" he might have won, and then half
his present price would have been taken about him
for the Derby. If Ditto be a better horse—and I
doubt it—his chance must be most formidable.
Ditto and Physician, however, have not " been
together," and public form induces me to give the
preference to " the Doctor." East Langton seemed
much improved, but his pretensions will be more
accurately determined after his race for the Somer-
setshire Stakes to-day. Jordan is a useful animal,
but he has a very remote chance of bearing the
colours of Captain White—a ripe and true sports-
man —in triumph on the Derby Day.
The running of John Scott's horses at Chester
increased bis fame, and gave additional popularity
to the animals under his management. The Peer
figured a much better horse tbau he did at New-
market, where Flatman expressed his opinion that
he (the Peer) could not move. His performance
strengthened the position of Toxopholite in the
betting, and caused Lmgrange, against whom a
strong opposition had been arrayed on Tuesday, to
be again brought into force. Still Longrange never
became a more prominent favourite than he
was some months ago, whilst " Tox" remained
very steady. The aggregate outlays on these two
horses during the week could not have fallen
short of 10,0001. I must confess I am not over
"fond" of either animal, but my "sympathies" are
at present with Toxopholite. Both will have their
work to do to shake off Fiiz•Roland. I cannot at
present understand Mr. Howard's horses. I cer-
tainly have expectations of seeing Eclipse the
trusted animal on the day, although it is said all
Lombard-street to a China orange has been laid
against him. "Sprot the Tinker" will, I fancy, be
puzzled to select his "rank outsider" for this year,
and he will not, I opine, ba so near throw ng in as
he was last year with Black Tommy. I have a
fancy that Telegram will ruu well ; at any rate a
horse that could win The Metropolitan in a canter,
and that could run Eclipse to half a length, cannot
have a very insignificant chance, and I shall cer-
tainly hold Telegram worthy an investment for a
place at a very outside price. If I were compelled
to make my final selection for the Derby now, I
should give in my adherence to FITZ-ROLAND,
PHYSICIAN, and TELEGRAM. I shall, however,
have another opportunity of discussing the Derby
chances.

A FRESH MAN.

TATTE RSAL VS-MONDAY.

The Chester settling for a long while stopped specula
Lion on coming events. Accounts, however, were squared
with the utmost regularity, and few winners and no
great losers were reported. The "Manchester division"
seems to have thrown in for a large stake, and the ad-
herents of John Soott's stable, who backed Vanity early
in the season, and who had no opportunity of hedging
their money, found a good balance on the right side.
Speculation on the Derby was pursued with some
briskness. Fitz-Roland was still looking up, and after
5 to 1 had been laid against him, 9 to 2 and 425 to 100
were booked about him. Toxlpholite was firm at his
Chester quotation, and at 5 to 1 he was supported for
several hundred pounds. These odds were currently
offered at the close. Longrange was also backed several
times at the quoted price. The Findon horses seem-d
in very bad odour. Clydesdale appears to be quite
gone. A slight demonstration was at one time made in
favour of Eclipse, about whom 100 to 6 was taken
"kindly ;" but before the close 20 to 1 might have been
obtained. His stable companion Sed bury received very
feeble support at 20 to 1. Physician was backed at
prices ranging from 20 to 1 to 25 to 1, the latter odds
being obtainable about him at the olose. Beadsman
seemed lit le affected by the steady support conceded to
his stable companion Fitz. Roland, and several invest-
ments were made on him at 25 to 1. Indeed, the last bet
that came under our notice was 23 to 1-400 to 100 was
taken about him and Fitz-Roland coupled. Many in-
quiries were made after Mr. Gratwicke's lot, about
which 20 to 1 was taken, whilst D‘oeiver and Ethiopian
were backed outright at the odds quoted. The betting
en the Oaks was too limited to require especial comment,
and the few transactions on the Bath events were not
worth notice.

DERBY.
9to 2 aget Fitz-R )land (taken)
sto 1 agat Toxopholite (taken and offered)
10 to 1 agst L mgrange (taken)
14 to 1 agst Happy Land (taken)
15 to 1 agst The Hadji (taken)
20 to 1 aget Sedbury (taken and offered)
20 to 1 agst Ancient Briton
23 to 1 aget Beadsman (taken)
25 to 1 agst Physician (taken)
25 to 1 aget Wilton (offered)
30 to 1 agat Deceiver (taken)
1000 to 20 aget Kelpie (taken)
1000 to 20 agst Ethiopian (taken)
1000 to 15 aget Mentmore (taken)
400 to 100 agst Sir J. Hawley's two " coupled"
(taken)
20 to 1 aget Mr. Gratwicke's "lot" (taken)
• OAKS.
100 to 30 agst Governess (offered)
10 to 1 agat Target (take 12 to 1)
4to 1 agst Sunbeam and Blanche of Middlebie
" coupled" (taken)

THE NEW AMB iSSADOR AT CONSTAN-
TIN

Sir Henry Bulwer has been appointed to succeed
Lord Stratford de Redcliffe as ambassador at Con-
stantinople. The post is one which requires no
ordinary qualifications, for Constantinople still re-
mains the centre of intrigues, which within a few
years may again imperil the peace of Europe. Now,
whatever his faults of temper may have been, Lord
Stratford, by his long experience and the weight of
his personal character, did undoubtedly exert an
extraordinary influence in the councils of the Porte.
This kind of influence is now withdrawn, and can-
not be replaced. There is not on the Foreign-office
list the name of any one diplomatist who could at
all pretend to the succession of the retired ambas-
sador. The system which he represented—the
system of personal influence—had its evils as well
as its advantages, but, whatever these may have
b. en, with Lor Stratford they have disappeared.
It would require half a century to build up again
the kind of viceroyalty which he exercised at Con-
starctinople. Still, it is not all loss. If Lord Strat-
ford could not at all times bring a strong pressure
to bear upon the Turkish authorities, it must also
be admitted that he could set his own Government
at defiance. If the Turkish Ministry are now freed
from a stern taskmaster, English statesmen are also
liberated from the dowinion of a dictatorial ser-
vant. The embassy at Constantinople, both as fat
as we and the Turkish Government are concerned,
will henceforth be placed upon an entirely new,
and perhaps—considering the altered circumstances
of Europe—upon a sounder footing. The English
ambassador to that Court must henceforth be in
reality, as well as in name, the mouth-piece of the
Foreign-office. Under this new state of things it
would have been difficult to find a man of
more varied experience than Sir Henry Bulwer.
For the last 30 years he has been almost constantly
employed in the diplomatic service. At Vienna,
at the Hague, at Paris, at Brussels, at Constanti-
nople, at St Petersburg, at
at W
recordeda-h i ng-
tot)' at Florence, his name will b
in the lists of the various embassies. For three or
four years, indeed, during this long period he re-
mained at home, but even then be was in the House
of Commons. For the last two years he has been
engaged as commissioner at Bucharest in investi-
gating the state of the Danubian Principalities,
and in this capacity has been brought into imme-
diate ¶contact with modern Turkish diplomacy.
Whatever [the success of the mission may be, it
would have been difficult to select a man with
fairer antecedents for the post of our representa-
tive at Constantinople than Sir Henry Bulwer.
Times.

A correspondent ()tiers a useful recommendation re-
specting bank.-re'clatques, now that new ones are about
to be issued. It is that the books should be of shorter
and of more compact, form, so as to admit of being carried
in the pocket, and that in all cases the counterfoils should
be perforated, to facilitate the cheques beirg torn off.
ALLSOP INDICTED.—We perceive that Thomas Allsop
has been indicted in the Central Criminal Court, Lon-
don, for alleged participation in the affiir of the Rue
Lepelletier, by which nine persons were killed. A short
time since Alison was in this city, and remained here
during some time, he afterwards went to the West, and
passed thrcugh Chicago about three weeks ago. It is
said now that he is in Minnesota. Of course, as he has
been indicted in Eu. land, Le can be returned without
any (Jelly, under the Extraordinary Treaty, if the Eng,
lish Government asks fir him. The indictment found
on the evidence adduced at the examination of Bernard
is sufficient prima facie evidence for his extradition,
notwithstanding anything that the Tribune or any nth( t
assassination journals may say to the contrary.—/fers
York Herald, April 26.

LAW INTELLIGENCE—(This Day.)
ROUSE OF LORDS.
(Peers present—The Lord Chancellor, Lord Cranworth,
Lord Wensleydale, and other Peers.)
APPEALS-THE PROVOST, & OF DUNDEE, AND ANOTHER
V. MORRIS AND ANOTHER- EXPARTE AS TO CERTAIN RE-
SPONDENTS.

This cause which was fully argued by eoungel and
reported in The Sun sometime sirce was appointed to be
considered this day at half-past ten o'clock.
It will be remembered that the dispute
arose about the validity of the bequest of the residue
of the estate of the late Mr. John Morgan, of Edin-
burgh, to the provest and magistrates of Dundee to
found an hospital in Dundee, for the education and
maintenance of one hundred boys, a preference being
given to boys of the inhabitants of Dundee, Forfar, sad
Arbroatb. The lords of the Court of Session in Scotland
held the bequest invalid. The magistrates of Dundee
appealed against their decision. Their lordships of the
House of Lords now delivered judgment on the appeal.
The Lord Chancellor was of opinion that, takieg the
whole of the telegraph writings left by the testator as
his will, there was different evidence to show that his
intention was to erect and establish an hospital or school
for the education and maintenance of one hundred boys in
the town of Dundee. His lordship moved that the decision
of the Lord Ordinary and the Lords of the Second Divi-
sion of the Court of Session be reversed, and the case
remitted back to the Court of Session to prepare a
scheme for the erection of an hospital in Dundee,
capable of educating and maintaining one hundred boys,
out of the residue of the testator's estate. Costs of this
appeal to be paid to the appellant and respondent out of
the common fund. Costs in the Court of Session to be
disposed of by the Court. •
Lord Cranworth and Lord Wensleydale entirely oon-
correct.
VICKERS AND ANOTHER V. POUND AND ANOTUER.
The further hearing of this appeal was resumed Ili*
morning.
Mr. Malins, Q.C., was heard for the respondent.
This is an appeal from a decree of Vice-Chancellor
Sir John Stuart, of Cate March 5, 1855: affirmed, on
appeal, by the Lords Justices, declaring that the several
annuities and legacies by the will of Rebecca Yonge, of
Frimley, in the county of Surrey, bequeathed to the
plaintiff, and thereby charged on the debt of 2,0001. in
the said will mentioned, are general bequests, and pay.
able out of her general assets.
Mr. Palmer, Q.C., is now being heard in reply.
The bearing will occupy the whole day.

DIVORCE COURT.
(Before Lord Campbell, Lord Chief• Baron Pollock, and
Sir E. Cresswell, Judge Ordinary.)
BODDINGTON V. BODDINQTON AND NOSSITEB.
This was a petition for a divorce, instituted by the
husband, who is a solicitor residing near Dudley, aad
having offices there, against his wife for a divorce on
the ground of adultery. It appeared from the evidence
that the petitioner was married to his wife in Jan., 1856,
at St. George's, Hanover-square. In Feb. last she was
seen on three occasions to go, late in the evening, to the
co-respondent's warehouses in Canal-street, Birmingham,
where he carried on the business of a wool, hide, and
skin dealer ; remain some time and then leave ; after
which the co-respondent was also seen to leave the
premises alone. On the 2d of March last they left Bir.
miogham and went to Gloucester, stopping at the Wel-
lington Hotel. They there engaged a sitting room and
b droom, and remained there till the 4th. During their
stay there they took their meals together, and slept in
the same bed, as man and wife. On that day they re-
turned to Birmingham, and on the eveningof the sth Mrs.
Boddington was again seen to enter the co-respondent's
warehouses, where she remained a considerable time.
She left the warehouse alone, and a short time after
wards the co-respondent was seen also to leave alone.
Neither of the respondents appeared.
The Court decreed the dissolution of the marriage
but they refused to give costs against the co-respondent
on the ground that there was no evidence to &how that
Nossiter at the time knew Mrs. Boddington was a
married woman.

COURT OF QUEEN'S BENCH.
(Sittings at Nisi Prius before Mr. Justice Coleridge and
a Common Jury.)
FRANCIS V. STURLEY—LIBEL.
This was an action brought by the plaintiff, collector
of rates for the lower district of St. George's East, Coat•
rneroial-road, to recover compensation in damages for
libel. The defendant pleaded not guilty. It appeared
from the evidence that Mr. Frazer, collector of the
Upper District, had been a defaulter to the extent
of about 5001., and the defendant, who is
the publisher of a cheap weekly paper in the
district, had inserted In it a letter reflecting on
the p!aintiff's character as one of the collectors for the
parish, and insinuating that he was in arrears as well
as Frazer. The defendant did not appear. The pub.
lication of the letter in question was proved by the
admission of the defendant, signed by his attorney.
The jury returned a verdict for the plaintiff—damages,
101.

SHERIFFS' COURT.
(Before Mr. Prendergast, Q.C.)
IMPORTANT QUESTION.—RAILWAY •OMPANIZS AND UM
PUBLIO.—WRIGHT Y. THE LONDON AND NORTM-WES-

TERN RAILWAY COMPANY.

In this case plaintiff sought to recover the sum of
3/. 4e., for damages sustained through the negligence of
defendants' servants to some casks of china, while in
transit upon defendants' railway, or while in custody of
defendents' servants.
The learned counsel, who represented the company,
said that his clients were not liable under the following
circumstances :—A cask of goods is consigned to plain•
tiff, from a manufacturer at Stoke, and these goods are
delivered to the London and North Staffordshire, and
from the North Staffordshire, in course of transit, to
the London and North-Western. Now the damage
must be actually proved and brought home to the North-
Western before they can be sued. Plaintiff's proper
course would have been to have sued the North Staf-
fordshire, they alone being responsible. The case had
been decided before. Plaintiff said he wrote to the Lon-
don and North Staffordshire Railway and received for
an answer that the letters were issued to the London
and North Western.

Defendant's Counsel—Mr. Miller, secretary of the
North Staffordshire, informed us that he had an objec-
tion to settling plaintiff's claim on the ground that the
baskets of china were worth above 101. and not de-
clared.

His Honour—l should like to see the note given to
the person who received the goods, it ought to be pro-
duced.

The learned counsel said the plaintiff's course wa
clear. Baron Rolfe had decided that the responsible
party was the railway first receiving the goods.
His Honour thought it was a question of so much Im-
portance to the public, that to give plaintiff an oppor-
tunity of proving a contract or some agreement with
something or somebody and thus under some one liable,
he would give a noneuit with no costs.

MARKET NEWS.—(Taus Day.)