The Sun.
London, England, 1860-05-03 00:00:00

RACING FIXT

Doncaster Spring
8
York Spring lO
Salisbury lO
Bath l5

Ju
Ascot
Hampton l3
Newton 13

Odiham l9
Beverley 2O

Jitl
Newmarket J
Carlisle

Worcester .

Liverpool
Abingdon .. ..12

Aui
Brighton
Brighton Club 3
Wolverhampton
Reading 8
Radcli l3
Egham 14

SEPTE
Warwick
Doncaster 11
Chesterfield l7
Leieester l9
OCT,
Bedford
Newmarket S 0.

NOVE:
Hereford
Liverpool Autumn 7
1 I
IREL

Rowth and Baldov]

Ju:
Wisklow

AUG
Heath of Afaryboro' 7
Galway , 14

R_76 FOR 1860.
LY.

Harpenden. ..
~..18
Epsom
Manchester ..30
Hungerivrd ............31
NE.

Bibury Club 20
Stockbridge 2l
Winchester r 22
Chelmsford 26
Newcastle 26
LT.

Nottingham .. 17
Stamford l9
Marlborough 2O
Goodwood 24

Oxford l6
Plymouth 21
York 22
1 Lichfield 27
Stockton 2B
Derby
:91BEIR.

Monmouth 9O
Me.noheater Autumn 21
Newmarket F.O. 26

IBIR.

I Newmarket H 22
Worcester Autumn 30
ABBR.

Shrewsbury Autumn .... 13

,AND.

le Summer 8

Curragh .. 2$

UST.

Roscommon 21

LAW INTELLIGENCE.-(THIS DAY.)

COURT OF DIVORCE.

Before the Judge Ordinary, Mr. Justice Hill, and Mr.
Justice Willis.)
OATH V. OATH AND WOODWARD.

This was a petition of Mr. Gath for a divorce from his
wife on the ground of drunkenness and adultery with a
person named Woodward.

The evidence in support of the petition was chiefly that
given by a domestic servant in the service of Mr. and Mrs.
Gath, named Ann Swin, who stated that she was in die
service of Mrs. Gath. In 1857 she entered the service, and
shortly after that Mrs. Gath used to get very intoxicated.
Mr. and Mrs. Gath quarreled very much. In 1858 Mrs.
Gath went to live in a house in which the co-
respondent resided. She did not know him when
they first went there, but the intimacy sprang up
very shortly after. She had very frequently seen
Mrs. Gath sitting in Mr. Woodward's room.
The intimacy increased, and on one occasion she said she
saw Mrs. Gath in Mr. Woodward's bed bat it was during
the day time when he was absent from home. In conse-
quence of certain suspicions she watched the actions of the
parties and eventually she saw an act of adultery:committed
by the parties in Mr. Woodward's sitting room. She then
told Mrs. Catherine Whithook, the landlady. This wit •
ness in her examination said she had seen Mrs.. Gath sitting
beside Mr. Woodward on the sofa in his room with his arms
round her neck. One morning Mrs. Oath came into the
kitchen and said that Mr. Woodward said her cheeks were

like velvet and her lips like roses. She afterwards had sees
Mr. Woodward kiss Mrs. Gath. She had some blinds in
the room when Mrs. Gath:first came ; they were removed in
consequence of what Ann Swin said. Mr. Wood-
ward never made any observation about the removal
of the blinds. One night witness .stated that
she had been told that adultery was being frequently
committed in Mr. Woodward's room, and that she went
and looked through the shutters, and there saw what was
alleged. She did not communicate what she had seen to
Mr. Oath, but told a Miss Hepper.

Several other witnesses were examined, all of whom were
severely cross-examined by the counsel for the respondent,
to show that the case had teen gnt up unfairly against his
client.

Mr. Overend, Q.C., fur the co-respondent, Mr. Wood-
ward, made a very forcible speech, stating, in the course of
his remarks, that his client had evidently been led into his
present position by the acts of Mrs. Gath.
The Judge Ordinary, in addressing the jury, said the
petitioner in this case, charged adultery to have been com-
mitted by Mrs. Gath with a person named Woodward.
They would have to consider certain admissions that had
been made by Mr. Woodward, but, at the same time, he
must tell them that by law the admission of one of the
two parties proceeded against without corroboration could
not be used as evidence against the other. It could only
be used against the person making it. The effect of Wood-
ward admitting the adultery was no evidence that Mrs.
Gath had committed it. If they entertained any doubt
they could return a verdict that adultery had not been
proved to their satisfaction, but in any decision they arrived
at it must be devoid of uncertainty, and if they were of
opinion that adultery had been committed they would say
so.

After the jury had been in consultation for a few minutes,
The Foreman (addressing his lordship)—Must we be
Unanimous, my lord ?

The Judgo •Ordinary—Certainly ; and, gentlemen, I
must be permitted to say that I hope the day is far distant
when we shall be satisfied with less.

The jury then returned as their verdict that adultery had
been committed by Mre. Gath.

On the question of costs his lordship 'said he did not
think the co-respondent ought to be saddled with any of the
expenses of the suit, as he appeared to have been clearly
lei into the commission of the adultery by the acts of Mrs.
Gath.

SHERIFFS' COURT.

PASISOVER WINE FOR CEREMONIES.-LEVY V. BRIAN.

This was an action to recover 135., money paid for seven
bottles of raisin wine which plaintiff alleged were unfit for
consumption. _ _

Plaintiff stated that during Passover week he required
some ceremonial wino, and purchased seven bottles of de-
fendant. The wine proved upon trial to be very bad, and
was taken back to defendant, who refused to refund the
money.

Defendant—l never took it in.

A witness for defendant explained that the wine used for
the Passover ceremonies was made under the personal
supervision of the rabbi. It was sealed with a peculiar
seal, and that seal was a kind of guarantee that the wine
could be used in the ceremonies. Now, plaintiff had
broken the seals of every bottle, and of course defendant
could not take it back.

His Honour--This is a different thing to what it would
have been if the wiue had been intended for usual con-
sumption. It appears to have been made to the satisfac-
tion of the rabbi, and the plaintiff must be nonsuited.

POLICE INTELLIG'ENC'E.—(This Day.)

MARLBOROUGH-STREET.

UNPROVOKED ASSAULTS ON A COFFEEHOUSE-
KREPER.—John Murdock and Andrew Brown, two
tailors, were charged before Mr. Beadon wick violently
assaulting Mrs. Rachel Tabb, wife of Mr. Tabb, coffehouse-
keeper, of 2, Dean-street, Soho.
Mrs. Tabb said that on the previous night, about nine
o'clock, the prisoners came into the house, both of them
intoxicated, and said they had come to make a row, and
that she had better send for a constable. She took them
at their word, but before the constable arrived they behaved
in the most violent and outrageous manner, smashing a
table, breaking a second, and knocking all the articles all
about the place. Not content with this one of them
smashed a thick window of plate glass, and the prisoner
Brown struck her several blows on the breast and bit her
finger, causing her severe pain, and spoiling a valuable
dress by the blood trickling down it.
The complainant's evidence was borne out in some parti-
culars by Mr. Henry Furstman, a neighbour, and also by
Police-constable John Gilby, the former stating that the
prisoners' conduct was very violent.
Murdock said he merely went to see a young woman who
used to live at the house as servant.
Mr. Beadon said it was a monstrous affair. Ho would
take care that coffeehouse• keepers should not be assaulteyZ
in this way, and should fine them L 3 eaoh for the result,
and 20e. each for the damage, and in default two months-
imprisonment.

STEALING A COUNTESS'S CARD CASE.—George Spinks,
no home, was charged with stealing a gold card case from a
carriage in Regent-street, the property of the Countess of
Aylesford.

Fryer, a Mendicity Society officer, said he saw the pri-
soner, whom he knew as a beggar, coming from a carriage
window in Regent-street, and trying to conceal something
which glistened under his coat. He asked him what he had
got there, and he replied, " Nothing ;" but on his putting
his hand under the prisoner's coat, and into his pocket, he
took from it the gold card case produced, and in it he found
cards of the Countess of Aylesford. He wished fora re-
mand to make further inquiries.
A remand was granted for a week,

FILETS FOR THE CHAMPIONSHIP IN THE
FIFTEENTH CENTURY IN SMITHFIELD.

In by-gone days the arena of Smithfield was not
unfrequently the scene of combats which created
the most intense excitement throughout the whole
land. 'Tis true the combatants were not the lowest
born of the people ; nor was reward of victory a
settlement as proprietor of an alehouse, with an un-
limited command of beer—that was reserved for
victors in the modern prize ring. But in times
when the national supremacy depended upon per-
sonal prowess in the battle, and when the strong
arm of one man might turn the tide of victory,
it is not surprising that efficiency in the battle-
field was a quality highly prized by all classes,
and encouraged by the highest in the land.
The great combat in the first half of the fifteenth
century, between Lord Scales and the Bastard of
Burgundy, was ushered in with great ceremony.
Norrey, King-at-Arms, and Clarencieux gave their
beet attention to all the details, so that everything
might be conducted with fairness, and according to
precedent. The King's heralds proclaimed, with
trumpets, the appointed place and time. Early in
the morning the King, Queen, and courtiers, with
both combatants, attended Divine worship at St.
Paul's before proceeding to Smithfield, where the
joust was held. The full particulars of this cele-
brated combat have been often narrated, so we will
rather turn to a short unpublished account of a
" passage of arms " between a knight of Arragon
and an English knight, which, with many similar
recitals, may be seen in a volume (Lansdowne MSS.,
No. 285) preserved in the British Museum. It is
to this effect:—
"A Challenge of Deeds of Arms of Philip Boyle,

Knight..

"Be it known that I, Philip de Boyle, Knight
of the Realm of Arragon, am charged for to fight
with a knight or squire for the special service of
my sovereign lord, that most excellent and mighty
prince the King of Arragon. And whereas I might
not be delivered of my said enterprise for default
of arms of them of the realm of France, wherefore
I am come into the realm of England and into the
court and presence of his high Majesty the most
illustrious and victorious prince the King of Eng-
land and France, the source of honour, valour, and
prowess. And by a supplication and by a special
grace I have got leave to have a devise in this
noble court, by the mean of the which I may be
delivered of my said charge.
" THE ARTICLES.

" Art. I. We shall fight on horseback either of
us, armed as it pleaseth him, that is to wit, with
spears, sword, and daggers as either of us like,
without any false engine.
"Art. 11. He that God gives the victory shall
have of the other his sword, or his helmet, or other
armour which he bears on his head.
"Art. 111. If the battle in thesame day come not
to an end, we upon the morn shall accomplish it
afoot with the harness aid weapons that are left to
us, and none other.

"Art. IV. That each of us may help the other with
wrestling with legs and feet, and with arms and
hands."

These articles were agreed to by John Asteley,
Squire, and on the 30th day of January, in the
twentieth year of Henry VI., the combat came off
before the King, " within Smithfield." " And
when the said John had done his arms, then it
liked the king of his highness to make him knight
the same day, and he gave him 100 marks for the
terme of his life, in the year of grace mcccc. xlij."
This John Asteley appears to have been a noted
warrior, as we find, from the same record, that four
years previously he had accepted a similar chal-
lenge from Piers de Masse, a French squire, with
four quarterings, and " smote the seide Piers
throgh the hede." This was in the town of Paris,
in St. Anthoine-street, before King Charles of
France, in the year of our Lord mcccc. xxx. viii.

THIS DAYS MARKETS.