The Sun.
London, England, 1859-03-14 00:00:00

LAW INTEL.

.(TIIIS DAY)

COURT OF CHANCERY.
(Before the Lords Justices.)
APPEAL.-LYDDON V. MOSS.
Sir R. Bethell, Q.C., resumed his arguments for the re-
spondent (Mr. Moss) in this part-heard appeal, at the sitting
of the Court this morning.
The contention is whether the security-granted by the
late Mrs. Lyddon, without professional assistance, over her
estates in Yorkshire and Somersetshire, for her solicitors,
taxed and untaxed bills of costs not exceeding £lO,OOO, is a
good security ?
The argument ir not concluded.

ROLLS COURT.
tßefore the Master of the Rolls.)
3UDGMENT.-COWLING V. COWLING.
The Master of the Rolls said—Thin is a question on the
construction of a will which is a very short ono. The
question is this—the late Mr. William Pendock Cowling
bequeathed, under a devise, to his wife Sarah Cowling—
" all my goods and furniture, and all
my money and notes
that may be due to me at the time of my decease." And he
declared—" this is my last will and testament." And the
question is, whether, under this will and this devise the
testator's intention was to give her the whole of his personal
estate. The reported cases on the subject are numerous
and are not easily reconcile,able. His Honourconsidered that
under the words of the devise there was a specific bequest to
the widow. He referred to the following decided cases illus-
tratingthe principles of oo,astruction insimilar cases. Milli-
gan, 2d vol., King's Reports, before Lord Langdale; Milne
and Coventry ; 5 De Gex and Small ; Morgan, before Vice-
Chancellor Sir James Parker; Godlin and Smithers ; John
and George Dudgeon; Do. v. Vhomas; and Goody and
Durham, before Sir John Leech.
His Honour made a declaration in favour of the plaintiff.
Costs of all paities to be paid out of the estate. The funds
to be divided according to the specific description in the
will. His Honour was of opinion that it was the intention
of the testator to give his widow every thing under that
description.
Counsel in the cause, Mr. It. Palmer, Q.C. and Mr,
Selwyn, Q.C.

POLICE INTELLIGENCE-(TRIS DAY.

MARLIIOROUGH-STREET.
TILE SUNDAY GAMBLING NUISANCE.—In the course of
the morning several lads were brought up, charged with
gambling in the streets on the previous day (Sunday). In
the case of one of them, named Winterton, the constable,
Austin, said he saw a group of lads playing at " pitch and
toss," near the corner of Newport Market, and pursued
him, and in his pocket found a pack of well-used cards.
The clergyman who preached near the spot had complained
of the conduct of the lads; and there was also a person
present who wished to speak about it.
A respectable tradesman got into the witness-box, and
said the nuisance was of a most intolerable description. It
was not-only of an afternoon, but all the whole Sunday
continued ; and the language the lads made use of was of
the most disgusting and obscene description. Divine ser-
vice took place near the spot on a Sunday, and while it was
going on the gambling was continued with the greatest
perseverance, cards being made use of quite publicly, by
groups sometimes of a dozen.
Mr. Beadon said he was determined, to put a stop to it by
every means in his power. He should fine them all ss.
each or seven days, and if continued he should enforce the
full penalty.

Richmond.
Bedford ...

SP

NOTES.

WISHES FOR WARWICK.
Much has of late years been said and written to
the disparagement of the Warwick meetings. The
parsimonious make-money spirit which has actuated
the committee of management, the supposed bias
which the (with all his faults) popular C. C. has
shown towards certain parties, have been attacked
in clubs and censured in newspapers. Still the
gathering prospers, and although the programme
for the coming meeting presents little promise of
abundant sport, yet the meeting will be patronised by
turfites of all grades and distinctions. Leamington
has already added to its usual visitors many persons
of note who generally sojourn there for the race week.
Horses have arrived at Warwick, and the " curious
characters in cut-away- coats" congregate at corners
to compare the chances in the cards. If the weather
be only propitious a large assemblage will be at-
tracted to the course; but at my present writing
there seems no signs of change in the skyey in-
fluence.
Although the list comprises a variety of items,
yet it really suggests few comments. Amongst
the entries to some of the races are the veriest
duffers that ever wore a saddle; but, as large for-
tunes have been lost in betting upon races between
maggots, it is reasonable to suppose that a
struggle with bad horses, if their chances be
pretty evenly balanced, will meet all the exigen-
cies of speculation. The insignificant class of
animals amongst the acceptances for the Willoughby
Handicap is pretty accurately indicated by the fact
that Mysterious Jack's weight is the highest "left
in." lam really at a loss to determine the relative
chances, for they appear to be "much of a much-
ness." If Drapery can gallop at all she ought to
win, and with her I must couple Charles the
Second. Throughout last Season I was a staunch
adherent of the King-at-Arms, who, I expect, will
prove the correctness of my judgment. He
showed gameness enough, and the only ques-
tion arises is, " Can he stay ?". His father,
however, did so before him, and why should
not he? I shall not, therefore, look for a more
trustworthy champion for the Trial Stakes.
Farmers' Races are generally more ludicrous
than interesting. They afford opportunities for
the most extraordinary eccentricities of horseman-
ship, and, after all, amuse the spectators as much as
the amateur jockeys. I do not like to deal with
the probabilities for this description of race, but as
Broadway Swell has repeatedly shown in public, I
am inclined to think he will be able to cut out his
opponents. Rattlebone, a scion of the once savage
but now docile circus horse, Cruiser, will carry off
the 20 sous. sweepstakes, and as the only animal
of known pretensions likely to oppose him for
the Two Year 0,141, Stakes on the Wednesday will
be White Rose, we may place that event also to
the credit side of ..Mr. T. Parr's account.
For the Handicap Plate of 50 Sovs. the same
horse has been weighed twice. Chaucer and the
Poet are one and the same, and by what reasoning
the handicapper was induced to place Est 41b on
Chaucer and Est 121 b on the Poet I am at a loss
to imagine. Did he handicap names or horses ?
Contract and Table Bay are, I opine, most likely to
show in front.
The "regularly hunted" Mr, Sykes ought to
gallop his opponents to death for the Debdale
Stakes. Tease will win the Welter Handicap if
he goes to the post.
Having a partiality for animals that have shown
form, I am compelled to select The Greek for the
Warwickshire Handicap, albeit my belief in him
would be materially shaken by the appearance of
Yellow Rose amongst the starters.

The " French division" have great hopes of Franc
Picard's chance for the Steeplechase. They have,
too, good grounds for their confidence, and I shall
fully expect to see the horse figure amongst the
foremost competitors. Escape will find the course
somewhat more suited to him than that at Liver-
pool, and taking into consideration the forward
position which he held in the Grand National,
nearly from start to finish, I shall be prepared to
see him sustain his jumping reputation. Tease
will of course be dangerous, but he has done quite
enough work of late, and I shall therefore place my-
undivided confidence in ESCAPT. At this early
period of the week it would be absurd to express
an opinion on the probable issue of the other
events.

The two meetings of the past week were most
successful. The Nottingham gathering was par-
ticularly interesting; but those who assisted at it
complained bitterly of the inclement weather and
the riotous conduct of certain jockeys, who delayed
the start for the Two Year Old race upwards of an
hour. Their little " game" will, lam assured, be
speedily stopped; but how to do it? is a question
difficult to answer. The investments in the market
have been limited, but not devoid of interest, and
by the end of the week I shall doubtless have to
record several important changes in speculation.
A FRESH MAN.

ARRIVALS AT WARWICK.—Teaso, Jealousy, Heloise,
Weatherwise, filly by Cossack, Testatrix, Trump, Royalty,
Little Treasure, Pactolus, and Etoile du Nord.

NEWMARKET.—Tho Greek, King-at-Arms, Artless,
Queen of Wake, and filly by Orlando out of Heresy have
left here for Warwick.

RACING FIXTURES FOR 1859.

MARCH. __
Warwick Spring 15 I Northampton .. 29
Coventry 22
APRIL.
Croxton Park
Shrewsbury Spring .... 5 Durham 25
Ludlow Spring 7 Newmarket Crawl' 25
Thirsk Sluing
York Spring 12

T.
Chester Spring IL
Ludlow 19
Newmarket F. S 9 Bath 24
Doncaster Spring l7 Harpenden
Shrewsbury l7 Epsom Summer 3l
Salisbury l9

Ju:
Chelmsford
Beverley, Hull, and E.R 8
Hungerford 9
Ascot 14 1
Manchester l5
Hampton 22

Newton 22
Newcastle 2B
Odihtun .28
Bibury Club 29
Stockbridge 3O

Ju
Winchester
Carlisle
Newmarket July 5
Worcester Summer 7
Abingdon 12

Liverpool July l3
Nottingham 19
Stamford 2l
Marlborough
Goodwood 26
UST.

Aui
Brighton
Brighton Club
Lewes
Wolverhampton 8
North Staffordshire
Reading lO

York August l7
Egl tin 0 ....23
Rat cliff)
Stockton 25
Lichfield .... 29
Derby 3l
MEER.
Monmouth 22
Manchester Autumn 23
Newmarket F.O 27
,DER.

SEPTE
Warwick
Doncaster 13 1
Leicester

Newmarket S.O. 10
Newmarket H 24

NovE:

Worcester Autumn 2

:3113qt.
Liyerpool Autumn ...... 9

DISSOLUTIONS OF PARLIAMENT.—" A Member
of the House of Commons," says :—As some misconcep-
tion seems to have arisen on the question of a dissolu-
tion of Parliament, I may be allowed to state the
usual course pursued by the Minister of the day when
desirous of advising such a measure to the Sovereign.
It does not appear that a Premier can apply for a dissolution
without stating some reason or Cali.% for so doing. The
customary mode, front the various precedents in our politi-
cal history, seems to be for theMituster to state—" I am de-
sirous of promoting a certainmeasure; the opposition in the
House of Commons is too strong against me ; but I think,
if the sense of the country is taken, I shall have a ma'ority
in my favour." Such was the course taken by Mr. Pitt in
respect to Fox's well-known India Bill; such was the
course followed by Lord Palmerston in BM with regard
to the China war; but can Lord Derby, as an honest man,
say to the Sovereign, that if he is beat on his Reform Bill,
and the sense of the country is taken, that it will be in his
favour!

ROYAL ENGLISH OPERA.—MR. HARRISON'S
BENEFIT.—It will be seen by our advertising columns that
Flotow's light and riant opera of "Martha," which proved
so great a success last season with the Italian company at
Covent-garden, has been selected by the leading English
tenor and lessee of the New Opera House fer his benefit
this (Monday) evening. We doubt not ho will be wel-
comed by a crowded auditory. A new ballet, called
"Robert and Bertrand," supported by the inimitable pan-
tomimist, Mr. W. H. Payne, his talented family, and
Mdlles. Morlachi and Pasquale, will take the place of the
pantomime on this occasion.
RECRUITS WANTED BY HER MAJESTY'S WAR
STEAMER EDINEITEGH.—Recruits, it appears, are wanted
by her Majesty's war steamer Edinburgh, at present lying
at Queensferry. It is not necessary that the men or boys
should have been to sea before. They must be of a specified
age and height, and able-bodied. A novel feature in the
announcement of the ship's requirements is, that boys on
offering themselves must be accompanied by one of their
parents, or if they have none, by their guardian. No boys
will be entered under seventeen, or above twenty years of
age,--Caledonian Mercury.

LORD CAMPBELL'S .777.121 BILLS.

At the close of the last session of Parliament,
Lord Campbell gave notice that he should intro-
duce, early in the next session, two bills designed
to remedy two great defects in the administraticas of justice. One of them has been already the sith•
jeet of considerable discussion in the public jour-
nals ; the other has not yet been noticed by them.
As both are of very considerable interest wcextract
the following description of them from the charge
of the Recorder of Falmouth, Mr. E. W. Cox,
delivered to the Grand Jury at the recent quarter
sessions
" I have now to bring under your notice some
measures for the improvement of the law which
will be laid before Parliament during the session
that is about to open. For two of them we are to be
indebted to the Lord Chief Justice of England, who
has already done so much for the reform of our laws.
While others have been wasting their energies in
epxr sc
luelngt, a tii3negrhays
grea,t, but impracticable, scherneS—
if in a new country, but impos-
sible in an old one—Lord Campbell has
been content
to frame practical measures for the removal ofproved
abuses andto supply the defects discovered by expe-
rience, and consequently he has done a great deal
more than.many of the more noisy reformers svho
promise so much and perform so little. Lord Camp-
bell proposes now to add two more to his many re-
forms; one of them a measure of immense impoit-
ance, against which the prejudices of the public
are already attempted to be enlisted by anticipa-
tion. I allude to a proposal to amend the Law
of Juries, so that the absurdity of requiring a
unanimous verdict in civil eases may be put an
end to. He proposes that the agreement of
nine shall suffice for the verdict. If custom had
not reconciled us to it, we should exclaim
against the barbarism of endeavouring to compel
men's minds to ono opinion by the torture of their
bodies---by keeping them cold, hungry, and thirsty.
Such a process might enforce agreement in form,
but not unanimity in fact. It is nothing better than
torturing the dissentients into a violation of their
oaths, forcing them to give a verdict against their
consciences, and it differs only in degree from the
rack and the screw formerly applied to martys to
make them change their religious creed. Lord
Campbell says that the time_is come for such a bar-
'musm to cease ; that the jury shall be allowed to
deliberate freely and decide honestly ; that they
shall be locked up for not more than six hours, and
that then, if.they do not agree, the judge may dis-
charge them, unless themselves ask further time,
in Which case they may have another six hours.
If nine of them agree upon a verdict, that shall
suffice. If they cannot so far agree, they shall be
discharged without a verdict, in which case another
jury may, with the consent of the parties, be im-
pannelled at the same assizes or sittings, so as to
save the expense of bringing up the witnesses
again. I think you will be of opinion that this
proposition is a very rational one, that it will be a
great improvement in the law. The attempt to
prejudice
.you against it, that is being made in some
quarters, is based upon the false assertion that it is
designed to be extended to criminal cases also. But
no such purpose exists, and I do not believe that
the Lord Chief Justice has the remotest intention to
extend the plan to criminal trials. The reasons for
and against it are altogether different in the two
cases. In criminal cases there is but one question
for the jury—ls the prisoner guilty or not guilty ?
It is the duty of the prosecution to prove the
charge ; if it fails to do so to the satisfaction of
twelve men—if there remains so much doubt about
the case that even one man out of twelve is not
satisfied that guilt is proved—the law, tender of the
liberty of the subject, not unreasonably says that
the prisonershall be acquitted. But in a civil cause
the case is very different. It is not merely a ques-
tion whether-the plaintiff or the defandant should
have the verdict, but also as to what shall be the
amount of damages ; and many difficult and doubt-
ful points must be decided, upon which it is almott
impossible for sensible men not to differ, and the
more the intelligence of juries increases, the more
frequent will their disagreement become. When,
therefore, the question shall be discussed in your
presence, if you approve this view of it, so answer
the objections of its opponents ; and remember
especially that the measure is to he expressly
limited to civil causes, and that there is no intention
whatever to extend it to criminal trials. The other
measure proposed by Lord Campbell is intended to
prevent an injustice, now continually occurring, by
which private malice seeks to gratify itself under
the form of a public prosecution. I will illustrate
it by an instance. You have an action in the county
courts. You and your opponent are both examined
upon oath. You assert something which he denies.
He is defeated. Without giving you any notice
whatever in your absence, without your know-
ledge, without an opportunity being allowed to you
to be heard, on the statement of your accusers alone,
a bill of indictment for perjury is preferred against
you to the grand jury. It is found, of course. You
are subjected to the painful imputation of having
an indictment for per jury against you ; you are
subjected to the anxiety and cost and shame of a
trial ; you are acquitted, of course ' • but your adver-
sary has had his revenge in full measure, by the
mental pain and expenses he has put you to. Lord
Campbell proposes to prevent this oppression for
the future, by simply requiring that no bill for per-
jury, conspiracy, or false pretenses shall be preferred
to a grand jury without a preliminary investiga-
tion and committal by magistrates, as is the course
with other crimes ; and to prevent any possible
miscarriage of justice through errors on their
part, power is also to be given to any judge of
a superior court, or to the Attorney or olicitor-
General, to direct an indictment for either of these
offences. As the next session will be mainly occu-
pied in the more exciting debates on a reform in
Parliament, I cannot hold out to you hope of any
great law reforms. Some small measures of im-
provement may be adopted, but it is not probable
that time or thought will be found for the details
of any large measure ; and even the long-promised
bankruptcy reform must, I fear, wait for a season
of more leisure. Mr. Walpole will introduce a bill
to alter the terms and to rearrange some of the
circuits, and he has promised a bill to enable the
Queen in Council to extend the boundaries of
municipal boroughs with the consent of two-thirds
of the persons who are to be included. This will
enable your borough to include within itself the
entire town, and thus to give to Falmouth the
position to which it is fully entitled by its growing
importance as a port and the prosperous future now
opening before it."

TILE CALEDONIAN SOCIETE

Despite the senseless tirades recently vapoured
forth from the inconstant journal of Printing-house-
square, against Scottish nationality and its bearings,
another grand gathering of natives of that per-
sistent clannish kingdom assembled on Thursday
evening, at the Hanover-square Rooms, to cele-
brate their annual ball, and to the pleasures of
which they also invited a large party of their
Saxon friends. The rooms were appropriately
decorated for the occasion with variouhs. heraldich
shields and other armorial devices,
plaids
were
tastefully draped alternately with. p .of the
clan, tartans and national fla,r,co giving them at the
Ho7gahbllaend
same, time a 'handsome and
appear-
ance. The Caledonians wore themf
which with the gay (and we were going togaardb
expensive) costumes of the gentler sex, unlike the
dull sameness of the " dress-coated" ball room
scene, transformed this into one of unusual bril-
liancy. The programme embraced the most
fashionable and favourite dances, not omitting
the graceful Strathspey and lively
reel of Scotia's
own, the music to the latter being well played by
Mr. Ross, her Majesty's piper, while the orchestra
was filled by an excellent band conducted by Mr.
Guinness. The first part of the programme having
been danced through, the company were summoned •
to supper by the piper's pibrochs, the president
leading the way, where a most sumptuous repast
was furnished in the large hall on the ground
floor, Mr. Marshall (the president), presiding, to
do justice to which they were assiduously invited
by the attentions of the stewards, directed by the
unwearied exertions of the honorary secretary,
Mr. Gray. After the loyal and other compli-
mentary toast had been pledged and responded to,
dancing was resumed and kept up with the
greatest enthusiasm until an early hour. If na-
tionality has no other faults than the conviviality
of an evening like the Caledonian ball, we would
say, esto perpetuo. Mr. Frampton had the arrange-
ment of the dances, and his management seemed to
give the best satisfaction.

CITY OF LONDON HOSPITAL FOR DISEASES OP
TILE CHEST, VICTORIA-PARK.—The number of patients
relieved at this institution during last week was 1,095, of
which 177 were new cases.
THE LATE CRUELTY TO A Fox.--The prosecution
instituted by the Royal Society for the Prevention of
Cruelty to Animals against Mr. Marsh, the master of the
Vine Hounds, for cruelty to a for, a report of which ap-
peared in The Sun a fortnight ago, has aroused the indig-
nation of the lovers of the chase residing in the district of
Kingaclere, where the cruelty was perpetrated. In the last
f,nv days the landowners have sent the following notice to
Mr. Marsh:—" Sir ,--In consequence of the facts adduced
in evidence before the Kingsclere bench of magistrates on
the 2ith ult., we feel bound to mark our sense of wanton
cruelty and the outrage on public decency of which you have
been shown to be guilty. While, therefore, we are ready
to offer every facility for the promotion of legitimate sport,
we are constrained to forbid you or your servants to draw
our coverts or to enter on our lands." This notice is signed
by the Earl of Carnarvon, Earl of Portsmouth, Mr. W.
Beach, M.P., Rev. L. B. Wither, Lieutenant-Colonel
Buckaley, and several other landowners in the district of
the hunt.