The Sun.
London, England, 1859-07-06 00:00:00

RAILWAYS.

Cash. Account.
Orleans
Northern
New ditto BlO .. 810
'Lyons and Mediterranean B4O .. 842 50
Geneva 495 .. 496
Southern
Western 530 .. 520
Eastern
Sardinian — .. 395
Austrian
Exchange on London, at sight, paper, 25f. 12}c. ; money,
25f 9c. ; three months, paper, 24f. 971 c.; money, 24f. 95c.

SPORTING INTELLIGENCE.

NEWARKET JULY MEETING—TuEsDAY.

Match, £l,OOO, £3OO ft, Bst 21b each. Chesterfield Course,

3 fur. 212 yds.
Mr. R. Ten Broeck's Loiterer, by Stockwell..(Fordham) 1
Mr. F. Robinson's Apollo (A. Day) 2

Betting-6 to 4on Apollo.
The non-favourite made the running, and won easily by
a length and a half.
--- - -

Handicap Sweepstakes of 20 sous each, and only 5 ft if de-
clared, &c., to go to the second horse. New T.Y.C. 5
fur. 136 yds. 6 subs., 3of whom pay 5 soya each.
Baron Rothschild's Mentmore, 4 yrs, 9st 61b.... (Wells) 1
Duke of Bedford's Killigrew, 4 yrs, Bst 61b.. (S. Rogers) 2
Mr. S. Williams's Merry May, 3 yrs, sst 101 b.. (Daley) 3
Betting-6 to 4 agst Mentmore, 7to 4 agst Killigrew, 3
to 1 agst Merry May.
Won easily by three-quarters of a length ; a length and
a-half between the second and third.
- -

The July Stakes, a subscription of 50 sovs each, 30 ft, for
2-yr-olds ; colts, Bst 71b ; fillies, Bst 51b; the second to
save his stake. New T.Y.C. 40 subs.
Lord Portsmouth's Buccaneer, Bst 71b (J. Goater) 1
Mr. W. S. S. Crawfurd's Nicholas, Bst 71b (Flatman) 2
Duke of Beaufort's Blue Ruin, Bst 71b (A Day) 3
The following also ran : Golden Pippin, Loiterer,
Mazeppa, Harridan, Lady Falconer, King of Diamonds,
and Thessalian.
Betting-6 to 4 agst Buccaneer, sto 1 agst Nicholas, 8
to 1 agst Thessalian, 10 to 1 agst Loiterer.
After going a short distance Buccaneer sailed away in
front, followed by Nicholas and Blue Ruin. From the
time of descending the hill the race was not in doubt, for
the favourite running wide on the left, won by eight
lengths ; half a length between the second and third ; King
of Diamonds was a bad fourth, Thessalian fifth. The last
two were Harridan and Mazeppa.
Match, 100, h ft. Last half-mile of New T.Y.C.
Sir J. Hawley's Twang, by Longbow, Bst 71b ... (Wells) 1
Mr. R. Ten Broeck's Empire, Bst 41b . (Fordham) 2
Betting-6 and 7t04 on Empire.
A fine race, won by a head.
Handicap Plate of £5O. B.M. 7 fur., 196 yds.
Baron Rothschild's Bastion, by Leopold, 3 yrs, 7st 31b
*(Musgrove )t 1
Mr. Ankell's Ochiltree, 3 yrs, Est 101 b . *(Seamans)t 2
Sir W. Booth's Artless, 3 yrs, 7st 91b (Cunnington) 3
The following also ran :—Gourd, Hebe, The Poacher,
Ynysymaengwyn, Little Nat, and Eyebright filly.
Betting-3 to 1 agst Ochiltree, 4. to 1 agst Eyebright
filly, 6 to 1 agst Bastion.
A dead heat. The others pulling up, were headed by
Artless, who was a bad third.
Deciding Heat.--Betting 5 to 4 on Bastion, who won by
a head.
* Fordham rode Bastion, and Custance Ochiltree, in the
deciding heat.
Sweepstakes of 10 soya each ; for two-year-olds, 7st ; three,
9st 21b ; fillies an& geldings allowed 31b ; the winner to
be sold for 150 sovs, if demanded, &c. New T.Y.C. 3
subs.

Mr. Barn's Fontarabia, by Orlando, 3 yrs, Bst 131 b
(Flatman) 1
Mr. G. Fleming's filly, by Connaught Ranger, out of
Pegotty's dam, 2 yrs, 6st 111 b (Custance) 2
Lord Strathmore's colt, by Whaley, out of Ravenstone-
dale's dam, 2 yrs, 7,st (Teretta) '3,
Won by half a length.

BETTING ON THE COURSE.
DERBY.
12 to 1 agst Mainstone (taken)
14 to 1 agst Buccaneer (taken)
900 to 30 agst Canezou colt (taken)
1000 to 30 agst Brother to Rainbow (taken)

We are requested to state that the last race on Thursday
will be at three o'clock, and that the special train will leave

at four.

WHITECHAPEL COUNTY COURT.
LITIGATION EXTRAORDINARY.-XlOO COSTS.-DEBT

£8 16s.—FOX v. HURLEY.
This case has been before the judge of the Whitechape
County Court no less than thirteen times since February,
1859, and is of the following character. Plaintiff is a loan
office keeper, of Whitechapel, and defendant is the widow
of one Daniel Hurley, deceased, formerly of the Bank of
England. Some little time before his death, Mr. Hurley
borrowed a sum of money from plaintiff upon a promissory
note, it is said to pay the premium due upon his policy of
insurance upon his life. Shortly after the death of Mr.
Hurley, which occurred within a month or two of this
borrowing, plaintiff asked Mrs. Hurley, the defendant, for
his money, as she had received some from the Insur-
ance office. Mrs. Hurley said that she had no assets and all
themoney had been disbursed in payment of deceased's debts .
Feeling that he should have been paid, plaintiff took
out a summons on the 13th January of the present year.
This summons was appointed for hearing on 3d February,
when it was adjourned at plaintiff's instance. On the 10th
of February, the day appointed for the adj ourned hearing,
a verdict was pased quando acciderunt. On the 14th of
March execution was levied. On the 18th the execu-
tion was withdrawn as premature, by order of the
judge. On the 18th of March a summons was taken out

to compel defendant to show assets. On the 12th of April

that summons was heard and dismissed. On the 13th of
April plaintiff gave notice of application for a new trial,
and on the 21st the order for a new trial was made. On the
10th of May defendant was too ill to be examined, and was
ordered to pay £4 15s. 4d., a sum adjudged to be in her hands
unaccounted for. On the 21st of May defendant gme notice
of an application to vary the order on proof of disbursements
exceeding the £4 15s. 4d. On the 31st of May, defendant's
attorney being absent, defendant was condemned in costs,
£1 17s. 6d. Yesterday, the sth of July, an interpleader
summons was heard, a person named West appearing as
claimant of the property seized in execution.
Mr. Barry, instructed by Mr. Perry, of Moorgate-street,
rose on the part of the claimant, but Mr. Steadman, for the
plaintiff and execution creditor, took an objection that, as
required by one of the rules, five clear days' notice had not
been given by the claimant of the nature of his property in
the goods seized, and a list of such goods.
Mr. Perry said that on the 29th June the notice was sent
per message to the Registrar, but the Court having re-
moved from Osborne-street to its present site, the messen-
ger returned, having been unable to fulfil his errand. The
notice was then posted on the evening of the 29th.

Mr. Steadman contended that the notice should have '
reached the hands of the High Sheriff five clear days, and
that as it had not done so his Honour had no jurisdiction.
Mr. Barry said it had been posted and reached the court
on the evening of the 29th June.
His Honour decided that the notice was not sufficient,
and that no cause being before him he could not give costs.
If the parties were not satisfied with his law they could
apply for a writ of mandamus to compel him to hear the
interpleader.
This is the last step in this most extraordinary case.
The costs on each side have already reached above f. 450, and
the defendant has brought an action in the superior court
for illegal seizure. Party feeling runs very high in this
matter, one side alleging that Mr. Fox is an ill-used man,
as defendant admits the sum to be due, but says she has
no assets, and the other that defendant has been compelled
to pay costs when she had no assets as deposed from the
insurance money.

CRIMINAL COURT.-( THIS DAY.)

OLD COURT.
(Before Mr. Justice Wightman.)
THE TRIAL OF DR. SMETHVRST.

This morning much disappointment was observable in
the court in consequence of the trial of Dr. Smethurst, who
stands indicted for the wilful murder of Miss Isabella
Bankes, being again postponed. The cause, we believe,
which led to such an arrangement was occasioned by its
being fully expected that the Lord Chief Justice of England,
Sir A. Cockburn, would be occupied the whole of to-day
with the Swinfen case in the Court of Exchequer, Guild-
hall. It was not before all the arrangements for proceeding
with the trial of Dr. Smethurst to-morrow morning had
been completed, that the Swinfen case was unexpectedly
concluded.