The Sun.
London, England, 1866-01-30 00:00:00

THE SUN, LONDON, TUESDAY EVENING, JANUARY 30, 1866.

LAW INTELLIGENCE.—This Day.

COURT OF QUEEN'S BENCH.

(Sittings in Banco, before Lord Chief-Justice Erie, and

Justices Willes, Keatirig,, and Smith.)
HILLMER AND ANOTELEIt V. SMITH.

Mr. lluddlestone, Q.C., with whom was Mr. Pearce,
moved for a rule calling on the plaintiffs to show cause
why a verdict given in their favour yesterday should
not be reversed. Tho case was heard by Mr. Justice
Byles and a common jury, and a verdict was found
for the plaintiffs, the damages being assessed. It appeared
that the plaintiffs had been successful in performing some
feats on the tight rope which eclipsed Blondin, the mode
of transit which they adopted being a wheelbarrow, which
went over the rope without accident, the weight it con-
tained being the propelling power. The plaintiff had made
an engagement with Mr. E. Smith, the proprietor of Cre-
morne-gardens and Astley's, to perform for him in town
and in the country, the payment in the former being £4,
and in the latter .£5 a week. This engagement was not
carried out, and defendant pleaded that ho was not in-
debted, inasmuch as ho had not signed the agreement,
which was requisite under the statute of frauds when the
engagement exceeded 12 mouths. The grounds upon which
the present motion was founded were, in addition to the
contravention of the statute of frauds, misdirection by the
judge, misconception by the jury, and that the verdict
was against the weight of evidence.
Rule granted.

COURT OF PROBATE AND DIVORCE.
(Before Sir J. P. Wilde.)

WHITMORE V. WHITMORE.-JUDGMENT.

His Lordship, in delivering judgment, said that in this
case the wife had obtained a decree dissolving hor mar-
riage on the ground of her husband's cruelty and adultery.
Before the rule was made absolute the Queen's Proctor
interveiod and filed affidavits, showing that pending
the suit the petitioner had committed adultery,
which she admitted. The only question before the
court was whether the petitioner was entitled to her
almony and costs up to the time when her adultery was
made manifest. He considered that she was, and ordered
an attachment against the respondent for non-payment,
and at the same time reversed the decree nisi.

POLICE INTELLIGENCE.—This Day.

MARLBOROUGH-STREET.

BRUTAL TREATMENT OF A WlFE.—Michael Kennedy,
a working man, living at 29, King-street, Regent-street,
was charged before Mr. Tyrwhitt, with violently assault-
ing his wife, Bridget.

The complainant (whose head was bandaged, and who
had evidently been most savagely treated) said—l went
home last night about half-past nine from a hard day's
work, and my husband was in bod. I work at Mr.
Emmanuel's, the diamond merchant, in Bond-street, and
am paid 15s. a week, and although I take all the money
home and food besides, yet lam knocked about. Yester-
day morning on going out my husband called me the most
disgusting names, and when I went home last night he
jumped out of bed and abused me, and I am saturated
with blood. He got me down, and, holding my hand,
bumped my head on the boards and struck me, pulled some
of my hair out by the roots, and then kicked me, injuring
my inside. Ho also knocked some of my teeth out. I went
to the hospital and had my head dressed. Look at my
clothes. lam smothered with blood. His language is not
fit to mention.

Mr. Tyrwhitt—boos ho work?
The complainant—Yes, he works.

Mr. Tynvhitt—Have you any family ?
The complainant—l have ono child, and he has two sons
by his first wife.

Mr. Tyr Whitt—Can you keep yourself ?
The complainant—l can, but I don't wish to hurt him
I only want protection and peace.

The prisoner—Did you not begin singing and dancing
when you came in last night ?
The complainant—Nothing of the kind.
The prisoner—Did you not tear my shirt?
The complainant—Only in defending myself. Look at
my hands ; they aro all bruises.

Mr. Willis (the chief usher)—Her hands are all bruises.
Police-constable Roffey, 152 C—l went to 29, King-
street, in consequence of cries of murder, and found the
complainant with her face covered with blood. The com-
plainant gave her husband into custody for assaulting her,
when he said that she came in and danced, and afterwards
came to the bed and bit his hand, and that he then jumped
out of bed and assaulted her.

The complainant—l did not bite his hand.
The prisoner said his wife came in drunk, and dancing
and singing, and afterwards seized his band and bit it.
The constable—The complainant was quite sober.
After hearing a witness for the prisoner,
Mr. Tyrwhitt (to the prisoner)—You will go to prison
for six months with bard labour.

The complainant—Pray don't send him to prison. Pray
don't.

Mr. Tyrwhitt —I shall not alter my decision. There
must be an example set with these brutal fellows when a
magistrate can do it.

WESTMINSTER.

NIGHTLY LODGERS IN WORKHOUSES.—DEFECTIVE STATE
OF THE LAW.—Two women, with children in their arms,
who gave the names of Canty and Sweeney, were brought
from the station charged with being disorderly in Chelsea
Workhouse.

Thomas M'Lachlan, porter at the workhouse, said—
These two women are casual paupers, and were at the
house last night. 1 admitted Canty at five minutes past
two, with two children; and at about a quarter-past two I
admitted Sweeney, Soon after they came in they got
quarrelling and wore disorderly. They called one another
names. After repeated cautions to keep quiet, to which
they paid no attention, I was compelled to call the police
and give them into custody.

After some further evidence they were discharged.

Liverpool Cotton Market. —TI i 3 Day.

Market unchanged. Sales probably 7,000 bales.

MARKETS.---This Day.

HAY.

SMITHFIELD.—Meadow hay, £4 4s to £5 10s; clover,
£5 5s to 1G 15s Od ; and straw, £1 Hs to £2 2s per load.
A fair demand.

CUMBERLAND.—Meadow hay, £4 4s to £sl2s 6d; clover,
£5 lOs to £7 Os Od ; and straw, £1 18s to £2 4s per load.
Trade steady.

WHITECHAPEL.—Meadow hay, £4 4s to £5 lOs ; clover,
£5 5s to £6 15s Od; and straw, £1 16s to £2 2s per load.
A fair inquiry.

SPORTING INTELLIGENCE.—This Day.

CITY BETTING—THIS DAY.
LIVERPOOL STEEPLECHASE.
20 to 1 agst Creole (taken)
25 to , 1 agst Thomastown (taken)

THE DERBY.
20 to 1 agst Redan (taken freely)
20 to 1 agst Auguste (taken)
20 to 1 agst Janitor (offered)

BETTING AT MANCIIESTER—MONDAY.
LIVERPOOL STEEPLECHASE.
2C to 1 agst Old Oswestry (taken and wanted)
25 to 1 agst Merrimac (taken)
25 to 1 agst Balder (taken)
25 to 1 agst Innellan (taken)
WATERLOO (COURSING) CUP.
1000 to 20 agst Mr. Mather's nomination (taken)

BIRMINGHAM STEEPLECHASE MEETING,
FEBRUARY 12.

Weights for the Birmingham Grand Annual Steeplechase
of 15 sous each, with 100 added. About four miles.

Age st lb
L'Africain ... a 13 0
Reporter ... a 12 0
Flyfisher, a 11 11
Marble Hill ... a 11 11
Light Heart ... a 11 11
Cortolviu a 11 9
Hall Court... ... a 11 7
Terry 11 7
Doubloon ... a 11 7
Hornet ... ... 611 6
Accident ... 6 11 5
Bridegroom a 11 3
Church Militant ... a 11 0
Princess Dagmar ... a 11 0
Merrimac ... a 11 0
Sinking Fund ... alO 12
Lord George ... a 10 12
The Rogue... ... a 10 10
Globule a 10 10
Ibex 6 10 10
Balder ... a 10 10
Knave of Trumps... 6 10 10
Meanwood... ... a 10 10

LINCOLN SPRING

Ago st lb
Rhoebus 6 10 10
Blood Royal ... 6 10 10
Ivanhoff ... a 10 9
Cabin 80y... ... a 10 9
Gamecock... ... a 10 8
Agag ... a 10 8
Roadster a 10 8
Rossington ... a 10 8
Jack o' Newbury ... 6 10 8
Manchester 6 10 7
The Scrub... ... a 10 6
King of Hearts ... 6 10 6
Miltown ... 5 10 5
Fairy King a 10 5
Glasgow ... 510 5
Sprite ... ... a 10 4
Acolyte ... ... 510 4
Ace of Trumps ... a 10 4
Jacob ... ... a 10 2
Ace of Hearts ... 6 10 2
Overton ... alO 0
Stella ... ... a 10 0

MEETING, FEB. 20.
•dle Race. Two miles.

Weights for the Hui.,
Age st lb
Benazet 6 11 7
Sir Roger ... 5 11 4
Accident ... 6 11 0
Ivanhoff a 10 10
The Roadster a 10 8
St. Lawrence a 10 8
Real Jam...alo 7
Church Militant a 10 3
Little Frank 6 10 2
Sinking Fund ... a 10 2
Sandford ... ... 6 10 2
Patience ... a 10 0
Chance 610 0
Queen of Trumps... 5 10 0
Hornet ... 6 10 0
Hawkshaw... ... 5 9 13
Weights for the City Handica
Age. st lb
Gemma _ a 8 12
Historian 5 8 4
Sir Roger ... 5 8 4
Lord Douglas 5 8 3
Goldylocks 5 8 3
Pantaloon 4 8 2
Sancho 8 2
Reindeer ... a 8 0
Lady Abbess 6 8 0
Vixen 4 7 11
Thalassius_ 4 7 11
Gulnara 5 7 10
Dolphin 6 7 10
Skirmish _ 4 7 10
La Mechante ... 4 7 9
Shrapnell 4 7 8
Catalogue 4 7 8
Idler 5 7 7
East Lynn... 4 7 4
Little Gentleman... 5 7 3
Papoose ... 4 7 3
Inca 4 7 3
Miss Emma, a 7 2
Charmian 5 7 2
Advance 4 7 1

Ago st lb
Contralto 6 9 12
The Beau 6 9 12
Veluti 5 9 11
Gamecock: a 9 10
Cynic „.. a 9 10
Peewitt 5 9 9
Love Letter 4 9 8
Ace of Hearts 6 9 7
Foxholes 4 9 6
Dermot Asthoro 5 9 3
Benanoar ~. 4 9 3
Skiff (late No Name) 5 9 2
Clairvoyante 5 9 0
Fly-by-Night a 9 0
Threadbare 4 9 0

T. Three quarters of a mile

Age. st lb
Benanoar ... 4 7 0
Arabia 4 7 0
Cranford 3 6 13
Emigrant ... 4 6 12
Wild Bee 4 6 11
William Pitt 3 6 11
Elastic • 4 610
Alberta 3 6 10
Lady Sophie 3 6 7
Tina 3 6 5
Pink 4 6 4
Bay Leaf 3 6 4
Opposition... 3 6 4
Musician 3 6 4
Blackthorn 3 6 3
Novice 3 6 2
Caithness ... 3 6 0
Indian Star 3 6 0
Kingmaker 3 6 0
Caustic 3 5 13
Inheritress 3 5 12
Treasure Trove ... 3 5 12
Vexatious ... 3 5 9
Actor. 3 5 9

RES FOR 1866.

GARY.

Nottingham Spring 27

Croxton Park l6
Northampton 2O
Windsor Spring
28 Newcastle Spring

Thirsk lO
Epsom Spring
Newmarket Ist Spring l6
Liverpool Hunt Cup 2O
Chester
Curragh 24

Epsom Summer l5
Uxbridge 2l
Manchester
Ascot Summer 29

Liverpool
Beverley 2O
Ipswich
Hungerford
Newcastle on-Tyno 26
Curragh 26
Worcester
*LY.

Stamford l9
Radcliffe 23
Winchester 24
Southampton 25
Huntingdon
Goodwood 3l

York August 2l
Plymouth
Lichfield
Devon and Exeter
Tunbridge 2B
Derby Summer 29
Weymouth 3O

THIRD EDITION.

SUN OFFICE, 7 o'CLocK.