The Sun.
London, England, 1844-08-09 00:00:00

and a THIRD EDITION at SEVEN O'CLOCK, for POSY; containing pARLIAMENTARI and all other NEWS in LONDON up So that Roar.

ROYAL POLYTECHNIC INSTITUTION.
CAPTAIN WARNER'S EXPERIMENT.

THE GLOUCESTER HOTEL,', PICCA-
DILLY, and BERKELEY-STREET, BERKELEY-SQUARE.
THOMAS and FREDERICK DALE beg to inform the Nobility,
Families, and Gentlemen, that they have been enabled (by taking
the Three Kings Stables) to build a commodious S roNE STAIR-
CASE, several NEW ROOMS, &e.,. so that the apartments for
families are now en suite, and the Hotel has undergone an entire re-
novation, which, together with its lively and airy situation, will be
lOund to be one of the most comfortable at the West-end. Carriages
of every dcreription. Horses to be Let on Job for any period, Li-
very, &c.

SUMMER ASSIZES.
HOME CI IiCUI T.—Guildford, Aug. 8.
THE QUI TAM ACTIONS.
(Before Mr. Baron Psalm and a Special Jury.)
RUSSELL V. LORD G. RENTINCIE.
This morning having been appointed for the trial of
the above cause, a good deal of Interest was created, and
a great number of gentlemen connected with the turf
were preseht, and appeared to take great interest in the
proceedings.
Mr. Platt, Mr. Petersdorff, and Mr. E. James, were
for the plaintiff ; Mr. Peacock and Mr. Baldwin appeared
for the defendant.
Mr. J tMES opened the pleadings. The plaintiff in
this cause was Mr. Charles Henry Russell, and W. G.
S. Ben tinck,
tinek, was the defendant. The declaration stated that
Esq.. commonly called Lord George Ben-
one Jelin Day did, on the 31st May, 1843, by unlawfully
betting on a horse race, lose the sum of 3,000/. to the
defend ant, and that he paid that sum over to him ; and
!hat he did not, within the period of three months, sue
the said defendant for the recovery of the money which
he had so lost ; and that, therefore, the plaintiff was en-
titled to sue for, and recover, from the defendant, the said
sum of 3,000/., and treble the amount, making altogether
12,0001. The declaration also stated that one Henry Hill
had lost the sum of 3,0001. to the defendant, and had paid
birn that amount. The plea put on the record by the
lefendant was the general issue.
When Mr. James sat down,
Mr. Baron Partice asked how they proposed proceed-
;rig with the case under the operation of the new Act of
Parliament?

Mr. BoVILL asked if he was to understand that th 4
witness was in his Lordship's hands.

In consequence of the DESTRUCTIVE EXPLOSION off BRIGH-
TON, the Directors of the ROYAL POLYTECHIC INSTITUTION
yield to the generally expressed wish that 1)r. RYAN should adapt
one of his Lectures to the subject of EXPLOSIVE COMPOUNDS.
This Lecture,lllustrated-by interesting Experiments, so far as they can
be shown with Perfect safety, will be delivered daily at half-past Three
o'clock, except on Mondays and Saturdays, anol in the Evenings of
Monday, Wednesday, and Fridays, at a Quarb,r to Nine o'clock. On
Mondays and Saturdays, at Four o'clock, Dr. POTT'S PNEUMA-
Tie MODE of forming SUBMARINE FOUNDATIONS in DEEP
WATER, with various Interesting Experiments. Professor BAC
IIOFFNER'S Lectures,• and a 3 the other subjects of interest ht the
IHBtitutiQn•

Baron PARKE—Yes.

Examination continued—Kent trained Gaper. He is
now trainer to the Duke of Richmond and Lord George
Bentinck. I remember making some bets about Gaper.
Mr. PETERSDORFF—DO you recollect making any
with Hill ?

WELLINGTON BOOTS, TO MEASURE.
Boat Quality, finest Freneh•Calf-skin, ONE GUINEA, at
STUNTS, 57, Strand, for CASH ONLY.'

Witness—Must I answer that question ?
Baron PARKE—You must answer every question that
will not criminate yourself, but you are not bound to
answer any that will do so, or that wili be likely to sub-
ject you to prosecution. You must answer this question.
Witness—l had several bets with Hill.
Mr. PETERSDORFF—Had you any about the horse
Gaper ? Witness—l decline to answer the question.
Mr. PETERSDORFF—Iiad you any bets with him in
which you lost ? You must answer that question, as it
cannot criminate you.
Baron PARKE—Yes, where you lost you must answer.
Where you won it is a different thing, and you are not
then bound to answer.

SALES BY AUCTIot4c

LEASEHOLDS, SANSOME-FIELDS, WORCESTER.
TO be PEREMPTORILY SOLD, pursuant to
an Order of the High Court of Chancery, made in a cause o,
" GARMSTONE v. GAUNT," with the approbation, of Sir Girrts
WlLsost, one of the Masters of the Court, at the Shakspeare Tavern,
Angel-street, Worcester, on FRIDAY, the 23d day of August, 1844, at
Three o'clock in the afternoon, in Lots,
Several excellent VILLA RESIDENCES, and convenient Cottages
and Dwelling-houses, with gardens, In Chesnut-walk, Sansome-flelds,
Worcester, in the occupation of Mr. William Taylor, Mr. John
Crisman, Mr. Hardman, Mr. Charles Woodhead, Mr, Henry Pugh,
Mr. John Bennett, Mr. John ILlmmond, Mr. W. Ashton and Mr.
Stinton, and Mr. Bradley, and held under lease from the Lord Bishop
of Worcester. The premises may be viewed on application to the
tenants.

Examination continued—l had no arrangement with
Hill about any bets on Gaper. I saw Hill on the Derby
day at Ep3om several times. I made bets with a good
many people on that day about the race, but I cannot
recollect who they were. I did not bet with his Lord-
ship about Gaper or any one else on his behalf on that
day that lam aware of. I did not make any arrange
meat with Hill about " hedging" my bets on Gaper.
had no bets with the defendant about his horse, and I
am not aware that any application was made to his Lord-
ship on the subject of any bets about this horse. lam
quite certain I never caused any application to be made
to him. _ .

Printed particulars may be bad (gratis) at the said Master's
chambers, Southampton-buildings, Chancery-lane, Loin ;of it*.
Church, 9, Bedford-row, London ; of Mr. John Letts,• g, Bartlett's-
buildings, Holborn ; of Mr. William Lassett, solicitor, Worcester ; of
Mr. George Finch, solicitor, 'Worcester ; of Mr. Wheeler, auctioneer,
Worcester ; and at the place of sale.

TO BE SOLD, pursuant to TWO DECREES
of the HIGH COURT of CHANCERY, made in Two Causes
of KYNASTON v. JONES, and KYNASTON v. JOTS, with the
approbation of Sir GIFFIN WILSON, one of the Masters of the Court,
at the Lion Inn, in Shrewsbury,. On WEDNESDAY, tlta 4th day of
September, 1844, between the hours of Two and Thr4 in the after-
noon, in Lots :
A DWELLING-HOUSE. WAREHOUSE, and 114LPINCR.
2.lardol, iihrewsburyt-in the occupation- of 'Messrs: and, Co. to--
I,acco manufacturers; several Gardens at Kingsland, bear .Shrews-
' bury ; Cottages, Malt-house, and Ground at Welehpool, occupied by
.Tohn Newell, and others ; a House and Land in Landrinio, occupied
by Richard Williams ; and a Piece of Land, containing 3a. lr. 36p.,
at Varchoel, in Guildstleld, occupied by Mary Williams, all in 1110
county of Montgomery; a Parcel of Land and Cottage at 1 ontsford-
bill, Pontsbury ; a Home and Land called Newhouse farm, in Bet-
tws ; another House and Land, called Sunny Bank, in Bettws ; seve-
ral Pieces of Land on Rhos (loch, and the Ale Oak Bank, contain-
ing together 131 a. Or. 23p., lately part of the common lands of the
lordship and forest of Clun, but now inclosed ; and a House and Gar-
den at Ford, all in the county of Salop

Mr. PLATT said the action was brought prior to the
passing of the Act.
Mr. Baron PARKE said that the case must come under
that statute, -for the first section 'was passed to stay all
adticaus),aAchtnia.Y
at tt oertacCoraisixis.inu,aiid the 'second 'section-vent
to say, " that in case an action or actions which have
dready been commenced shall be further prosecuted, or
in ease any such action or actions shall be commenced
after the passing of this Act, it shall be lawful for the
defendant to plead the general issue, and to give this
Act in evidence under it ; and thereupon the judge
before whom such action shall be tried shall direct, and
he is hereby authorised and empowered to direct, a ver-
dict or verdicts, and judgment or judgments, to be en-
tered for such defendant or defendants." The present
case, added the Learned Judge, clearly came under the
statute.

Baron PARKE—Have you had no bets with the de-
fendant about this horse Gaper? Witness—None, what-
ever, my tord. -
Mr.. PETERSDORFF—Did you not mak e a bet Of 20,000/
Aboureaper r. .Witnitist"4644loMr.,*
that question, I feel that I should implicate myself
Baron PARKE—Not if you lost the bet.
Mr. PEAcocK—Oo behalf of the defendant I should
object to his answering the question upon another ground.
Baron PARKE—Very well, but he must answer as to
any bet he may have lost.
Witness—l lost so many bets upon that race, that I
cannot recollect distinctly any thing about them. It
is impossible for me to say anything positive about it.
Baron PARKE said that some particular bet should be
mentioned. _ _

zr 2,
Bonus bonus 111 I.
i'rennum. added. Cash 7* z
2 =
X .£ s. d. £ s. d. £ s. d. s. d. s. ds
11437 170 9 3 77 5 1 12 3 91 346 2 3
i On!, 74 3 4 183 a 144 2 2 64 5 6 9 16 41 '2% 13 4
1M39 116 16 0 51 i 11 7 11 91 247 4 5
The division of profits is annual, and the next will be made in 1/e-

The above premises were late the property of Mr. William Jones,
late of Shrewsbury, hanker, deceased, and are of freehold tenure, ex-
cept the Honse and Garden at Ford, which are of copyhold tenure.
Particulars and conditions of sale may shortly he had (gratis), at
the Chambers of the said Master, in Southampton-buildings, Chan-
cery-lane, London ; of Messrs. Weymouth and Green, of Angel-
court, Throgmorton-street, solicitors ; and of Mr. Robert Wilson,
Copthall-buildings, London, solicitors ; at the. place of sale ; and at
the principal Inns in the neighbourhood of the property offered toy
sale.

Mr. PETERSDORFF—WeII, did you not lose a bet of
3,000/. to 20,0001. ? -

Mr. PEACOCK said, that in consequence of what had
fallen from his Lordship, he begged to say that Lord
r;leorge Bentinck, the defendant in the present case, was
most anxious that it should be tried, and he did not in
:-Lny way desire to avail himself of the provisions of the
new statute.

Witness —lf I understand, you, my Lord, you
said I was not bound to answer any questions that I
thought would affect me. I think this one will, and
therefore I decline to answer it.—(A laugh.)
Baron PARKE-It cannot affect you to state. what bets
you lost. W itness—Then I lost a great many. They
want me to say that I had this bet with the defendant,
but it is not the case. I had no bet with his Lordship
about Gaper.
Mr. PETERSDORFF—I ask you whether you had not
the bet I have mentioned with some one ? Witness—l
decline to answer the question.
Baron PARKE intimated that the question should be
answered. _ _ • .

To TYPE-FOUNDEBA STEREOTYPERS, PRIN FEIN, &c.
MIL. L. A. LEWIS will SELL by AUCTION.
on the Premises, Bishop's-court, Old Bailey, on TUESDAY,
the :3111 inst.,

r. Baron PARKE repeated his opinion that the
4tatute was an answer to the ease.

A very compact TYPE and STEREOTYPE FOUNDRY, with all
:he usual appendages for carrying on both branches. Also, a capital
Printing Machine, 1,500 Metal Ornaments, with Specimen-books.
Particulars and Catalogues of Mr. L. A. Lewis, 125, Fleet-street.

Mr. JAMES said that the defendant had not pleaded
his upon the record, and therefore, he apprehended, he
had no right to fall back upon the statute. The only
plea upon the record was the general issue.
-After some further discussion, Mr. PLATT said he be-
lieved the defendant had no desire to avail himself of the
operation of the Act.
Mr. PEACOCK said he had not. When the Bill was
before the House of Commons, his Lordship had voted
!ri its favour, and on his vote being objected to on the
,round of his being an interested party; he at once de-
;7lared that it was not his intention to avail himself of
the statute on his three approaching trials.
Mr. Baron PARKE (after a few minutes considera-
tion) said he would try the case and reserve the question
of law if it should be necessary to do so.

Witness—l have laid so many bets that I cannot re-
, collect them all. The Learned Counsel told the jury
that I had had 10,0001. to 1001., and that I lost. Now,
I want to know in what way lam to answer. I can-
not tell all the bets, I lost so many, but I wish to protect
my friends.—(Laughter.)
Baron PARKE—You cannot claim protection for your
friends. You can only do so for yourself.
Witness—l did not lay that bet myself, but I wish not
to implicate myself or my friendi.
Baron PARKE—You must answer all questions that do
not implicate yourself :401d without reference to any one
else, or how it may implicate them. Witness—Then,
my Lord, I claim the protection of the Court under the
fresh Act of Parliament.—( Laughter.)
Baron PARKE (smiling)—But that Act is rather
against you.
The witness at length said that he told a person to
hedge some of his bets for him, his object being to get
out of the scrape he had got into by his betting
20,0001. to 2501. against him • and he said he
thought it was a very good friend indeed who could
assist him in this respect. He went on to say that his
friend did " hedge" for him, but he was not present
when he made the bets. They might have been made
on the Downs or in the town of Epsom. After the race
he gave this friend money to settle his bets, and he had
no doubt that he did so. The sum might be 1001. or
it might be 1,0001., but his betting-book upon that rare
would tell the exact amount. He had sought for that
book before he came from home, but could not find it,
and he did not know where it was. Mr. Gully arranged
his accounts for him, and he gave him the balance.
Cross-examined—l should say that the book I cannot
find contained all the bets I lost upon that event, and,
therefore, if I had won any bets the book would have
shown it. I sktn_not in the habit of keeping my betting
books any length of time after they are eettUerf. The
money that I handed over to my friend was to satisfy a
number of bets, and not any particular one. Some of
the bets I settled myself. I laid bets against Gaper and
hedged some of them myself. The bets on the Derby
are settled on the following Tuesday at Tattersall's. All
bets on the Derby are " play or pay," and where a horse
is withdrawn the bets are paid. If a horse dies bets are
paid, but if his owner dies they are not. I have seen the
plaintiff, but am not acquainted with him.
Re-examined—l did not bring my action to recover
back the money I had lost. I cannot say how 'hitch mo-
ney I paid to Mr. Gully. I have settled with Hill, and
have paid him perhaps as much as 4001. or 5001.
Mr. Henry Hill was then called, but he refused to be
sworn, and said that his solicitor had advised him to
do so.

Mr. BoviLL then rose and addressing his Lordship,
said that he appeared on behalf of some of the gentlemen
Nho had been subpoenaed as witnesses for the plaintiff.
and he should sub:nit that his Lordship had no power to
try the case.
Mr. Baron PARKE said it was a novel feature in a
court of justice, to see witnesses represented by a gen-
tleman at the bar. He had no doubt the Learned Gen-
..

thnnan would give his clients very good advice, but the
Court could not hear any argument in their behalf.

Mr. BovILL then submitted that the action was alto-
gether susperseded by the statute.
Mr. Baron PARKE said he should reserve the question
of law, if it were necessary to do so.

Mr. PLATT thought it right to say that he did not
suppose the noble defendant was in any way a party to
this attempt to get rid of the case, and he could not
imagine that he was in any way a party to the appli-
cation that had just been made.
Mr. Boum.. said that Lord George Bentinek was cer-
tainly not a party to it.

Mr. PLATT bad no doubt that nobleman was in en-
tire ignorance of it, but it showed the sympathy enter-
tained by th.t witnesses for the defendant, and .thealiffi•'
oultios they intended to throw in the' way of proving the
case, which they had the power to make out: The ap-
plication that had been made was certainly one of un-
unusual novelty, and that novelty was increased by the
Learned Counsel whom those witnesses had employed
tel:ing the Learned Judge he had no power to try the
cause. The Learned Counsel then' proceeded to state that
this action was brought for the purpose of putting
in force an Act of Parliament which been con-
sidered a most salutary measure by their an-
cestors—its object being to suppress and put an
end to gambling, and he thought the jury would
agree %%WI him, that where the humble gambler who
used to infest the race-course was put down by the
,police, care ought to be taken that there were not others
in the community who were permitted to commit the
same act for which ate Others were punished. The jury
he was sure would feel with him, that in thin country
the law ought to be equally administered, to all. The
present action was brought against Lord George Ben-.
tinck, to recover certain penalties which had been in-
curred by him, in consequence of his having laid and
won a certain bet of 3,000/., upon the Derby in 1843.
The betting
upon horse-racing had assumed quite a
mercantile feature, and pe,eple not only made up books
fur themselves, but employed others to go about and make
bets forthem, and
amongst this class of persons there
seemed to be a man named Hill, who was a general agent
of the Noble Lord. In the spring of last year a well-known
trainer of race horses, and equally well-known on the
turf, appeared to have entertained a notion that a horse
named Gaper, the
property of the defendant, would not-
win the D.-rhy, and he made two bets upon that event,
one Of 10,0001. to 100/., and another of 10,000/. to 150/., on
the winning of the race ; however, it seemed that Mr.
Day, the person he referred to, began to quake, fur
Garr had very
he theretore became very anxious to what was called
much risen in the public estimation, and
hedge" the bets he had made against him. At this
time Day stood to lose 20,0001. if Gaper had lost the
race, and if he won, he would only have been a winner
of 2501. Being anxious to dimtni.h Da.%
applied t" a person named Hill, who was
known as a betting ageat, and eventually Hill laid him a
b t of 20.000/. to 3,0004 against the horse, the result
being that Day was in the position of losing 2,7501. it
the horse lost, and of winning nothing if he won, and
the only advantage he had gained was to diminish his
(glance of losing 20.001,1 to only losing 2.7501. It would
werebe seen I'r:oe,
these whei
t thehe only
stated that the bet was made
through thy, instrumentality of Day and Hill, awl
witnesses vvho could make
plaintiff's case. and the jury would, theretora,
:therefore
a difficulty he was placed in. If he succeeded
in making out the facts as he had stated then he appre,
ht nded that the case would come clearly within the
statute of the 9th of Anne. He should put the witnesses
in the box, and if he made out the facts he did not see
that the jury could have any difficulty in coming to the
conclusion that the defendant was le:ble to the penalti s
sought tee he recovered from him ; and it was not because
the defendant was a Nobleman, and stood in a high rank
of society, that he would escape the punishment, while
a man less ennobled or less possessed of the world's
means would have it visited upon him. The jury had
only one duty to perform, which was to apply the law of
England equally against the poor and the rich.
John Day was then called.
me—
Baron PARKE.—What do you wish to say, Mr.
Mr. Bovill I
BoAvlirn.
?BOVILL—WiII you allow
.Mr. BovILL—My advice to Mr. Day is to decline to
be sworn.
even nlhabte, though you may
sworn, depend upon
Mr. BovILL still urged that Mr. Day might not be
as he might commit himself:
sworn,
e
Mr. PLATT.—Mr. Day is the lospr of the bet—a loser
hitimhll‘3learivo inliliLP:beATeßtThi Ce—a; ll(;tnnlhi
refusal.eindr
the winner only is liable.
is
Baron le;
PARKE at length ruled that the witness must
be sworn, and he said he would reserve all objections.
Mr. Day then addressed the Court, and asked es hether
his Lordship had decided that he must be sworn ?
Baron PARKE said—Certainly.
Mr. Day was accordingly sworn and then examined
by Mr. Petersdorff. He stated that he was a trainer of
race horses.
Mr. PETERSDORFF—Have you ever trained horses for
the defendant ?
Mr. BovlLL—DOn't answer that que,tion.—(Laughter.)
Mr. PLATT —W hy ?
Mr. BovlLL—Because the reply may be used against
him.
Mr. Day (to the Court)—Am I bound to answer these
questions ? They may be used against me,
pro-
ceeded against myself for this very same be for I am
t.
Baron PAuxE—You need not answer any question
that is likely to criminate yourself, but the others you
must.
Mr. Day—l have been trainer to the defendant, but
cannot
ywhen I discontinued to act in that
capacity Lordship. I was his trainer for thiqc
(
down to the last three or, four years.
I knew his L relship's horse Gaper when he was entered
t.) run f.r the Derby in 1843. •i• did not entertain a
very high apit4on 9f bis dud slid ;54 tasktaskt*.)u ry say:fo ar re, ?I,Nias c
ant[ll
-1;0 cal Win.- •-•-- •

Baron PARSE said his solicitor had advised him very
wrongly, and he must be sworn.
The witness said his reason for refusing was, that he
was a defendant in an action for the very same bet.
After some discussion, the witness was sworn, and he
underwent a very long examination, in order to prove
that he had made the bet of 20,0001. to 3,0001. with Mr.
Day, as agent of the defendant, but he did not admit the
fact. He admitted that he had hedged some bets for
Day about Gaper, and, in the course of his examination,
he said that the amount of penalties sought to be re-
covered from him by qui tam actions were as much as
between 50,000/. and 60,0001., 12,0001. of which was for
this very bet. He had never heard the defendant say
that he had made a bet of 20,000/. to 3,000 L against
Gaper, but he believed he had done so. Gaper lost the
race. He said that he received so mach money at the
settling that he really could not now tell what he re
ceive, or from whom he received it.

In crown tiro., price 7s. (hi.,

THE NEW TESTAMENT of our LORD aria
SAVIOUR JESUS CHRIST, revised from the Authorised
Version, with the aid of other Translations, and made Conformable
to the Greek Text of Griesbaeh.

By A LAYMAN (the late EDGAR TAYLOR, Esq.)
William Pickering, Publisher, Piccadilly.

WORKS ON HORTICULTURE,
Published by

WM. S. ORR k CO., A:gEN-CORNP.R, PATERNOSTER-ROW.
Iu Floriculture, preparations for display in the Summer must
commence in the month.of August."

THE FLOWER-GAfiDEN, containing Direc-
tions for laying out Garden Grounds in the various styles, a
Calendar of Work to be "dons every month in the Flower-garden, and
copious List of choice Flowering Plants, with their height, colour,
and time of flowering, with Directions for their Cultivation.
Coloured plates, priceilOs..64. cloth, gilt edges ; and 7s. without
plates. • • • ••• •'

Mr. JAMES—Have you brought your betting-book
with you? Witness—Oh, no, it is burnt. .

The GREENHOUSE, HOTHOUSE, and STOVE, with selections
of the most choice Exotic Flowering Plants, with Directions for their
Cultivation. By CHARLES C.F.C.S.H. With 18
plates, coloured, price 10s. 6d. cloth, gilt edges : without plates,
price 6s. Gd.

The ORCHARD and FRUIT GARDEN, including Forcing-houses
for all kinds of Fruit, with selected Lists of the best varieties, with
their synonyms. By CHARLES 3PINTOSH, C.F.C.S.H. With
Eighteen Plates, beautifully coloured, price 10s. Gd. cloth, gilt edges ;
without Plates, price 6s. Gd.

EVERY LADY HER OWN . LOWER-GARDENER, instruct-
ing ladies how the mind may be adorned, and their bodily health im-
proved, by attending to their own Flower-Garden. By LOUISA
JOHNSON, Price 2s. cloth.
In the press,
HORTITS DIETETICA; an Historical and Botanical account of
Edible Vegetables, with directions for their cultivation, storing, and
preparing for the table. By JAMES MAIN, A.L.S.

LAMEIIT ON DEBILITY, NERVOUSNESS, AND ALL
DISORDERS ARISING FROM EXCESS, &c.
He who in ple.,sure's downy arms
N e'er lost his health or y outhfu Icharins,
A hero lives, and justly can
Exclaim, in me behold a man !"
Just published (in a sealed envelope), Tenth Edition, price 2s. 6d.,
or sent by post, free, to any address, Sa. ed.
QELF-PRESERVATION : a Popular Essay on
those concealed disorders, originating in youthful excesses,
and terminating in Nervous Debility, Local and Constitutional
Weakness, and all those Sinkings, Anxieties, and Tremors, which
afflict the Weak, the ,edontary, and the I oelicate. With Practical
Observations on Marriage, and on the Anatomy, Physiology, and
Diseases of the Reproductive (Organs, with plain Directions for
their perfect Restoration.
y SAMUEL LAMEST, Consulting Surgeon,
9. itEDFORD-STREET, EDFGRD-SQUARE, LONDON,
Matriculated Member of the University sit Edinburgh, Honorary
Member of the London Hospita i Medical Society, Licentiate of
Apothecary's Hall, London,&c.

. . . .
" The vari Ai, positions of Lover, Husband, and Parent, the in-
herent privileges of mankind, ata frequently marred and prevented
through the follies and frailties of early indiscretions. To such,
among others, this Essay addresses itself ; and by its perusal many
questions may he satisfactorily adjusted that admit of no app-al even
to the most confidential friend "—Stafford Gazette.
-..

" The design of this ;rk will he tolerably obvious from its title,
and we cordially recommend the author and hrsbook tfr rH who are
;affering from nervous debility and general weakness "—Wakefield
Journal.

Published by the Author, and sold in London by S. ()libel; 51 and
52, Patersoster-row ; Starie, Zl, richhe ne.a! reet, Quadrant, Regent
street ; Minna)! and Co., 63, Oxford-itreet ; Noble, 114, Chancery.
lane; Gordo.. Iv:, leadenhatl-street ; and by al) i,onkiiellera.
At home every da, tall t hree, and ie,irn Pi., till Fie,

Mr. JAMES—When was it burnt? Witness—As soon
as T heard of these 'qui tarn actions.—(Great laughter,
in which'Mr. Baron Parke joined heartily.)
Baron PARKE—t Itiripose 'your memory wont with
your book.—(Laughter.) Witness—Yes, my Lord.
Mr. JAMES—Then you burnt your memory with your
book? Witness—Yes.—(Mwh laughter.)
Mr. John Gully was then examined by Mr. PLATT—
He commenced by requ,sting the Court to protect him
from answering any. questions that might implicate him.
lie then said that he had not yet bean served with any
writ in those qui tam, actions, but he said he understood
it was mentioned in the House of Commons that he was
to be. He had known John Day for many years, and he
asked him to hedge some large sums for him about
Gaper, and he took a bet or 20,000/. to 3,000/. about
Gaper with the defendant. He had several bets
with other persons also about the same horse.
He took the bet of Lord George, raid witness himself
was responsible for it. He did not make this bet for
Day, but for himself. He subsequently let Day have that
bet, but originally it was made as his own account, and
not on that of Day.
Baron PARKE—Then we are to understand that you
took tlis bet of Lord George on your own account, and
afterwards handed the bet to Day ? Witness—Yes, my
Lord. When I offered the bet to Day, he refused it for
some time, as the odds were not enough for him. Al-
though, however, he eventually took the bet, I was
responsible to Lord George for it, and if Day
had not settled with him, I must haVe paid
it myself. I may state that a circumstance of
that sort occurred to me this year with Colonel
Anson. I had made a bet of 2,4001. to 3001 with Colonel
Higgins. The odds were not enough for Colonel Anson,
and therefore I had to pay the bet myself. I did not
settle the particular bet about which I have been asked
with John I)ay. I had seen Day at Epsom that morning
before I mule the bet with Lord George, and it may
have been in consequence of what passed between us
that I made the bet. It is, however, not possible at this
distance of time that I can tell whether I might not have
made the bet without such conversation, but, if it had
been in consequence of our conversation, it would be a
very customary proceeding. When the race was won
Day stood the whole of this bet. _
By Mr. PEACOCK—What I meant by the last answer
was, that I)ay stood to me and I stood to Lord George.
I alone was responsible to his Lordship for the'bet. If
either party to a bet dies, the bet is off, and if I had
died, this bet of mine with Lord George would have be,u
off, and rice verva.
Baron PARSE—I-Tad Day anything to do with Lord
George about that bet? Witne,s—Nothing whatever.
I wa, responsible to Lord George, and his Lordship was
responsible to me.
By Mr. PEACOCK—If Day. had died, the bet between.
Lord George and myself.would have stood, and the re-
sponsibility of Day to me would have. ceased.
By a Juror—Then yoU must have paid herd George?
Witness-Of course.
Baron PARSE--Then you:tock the bet for yourself,
---
and not in any way as tIO3 airit of Day Witne4s Yes,
-.
my-Lord. .
Baron 4ntE—lf such * thing were pc. :;sih'e as that
you were unable to pay the bet, would Lord Gmrge Imre
hadanyremedyagainstDay? Witness—Midonhtedly ni!)t..
8a:441 gotrArThere iA an end Of the case, then. Tiie
'Oit • ;--, r 04). .a. Octbe-r. aftf'P'--w44t
...41c. zitaittlx tier
4400;

ADVERTISEMENTS INSERTED in ALL THE THREE PAPERS, Morning Noon, and Nigkt, thereby insuring a TOWN end COUNTRY CIRCULATION, at ONB CHARGE.

Mr. Gully—Lord George would not have let me off in
the event of Day not paying. I did not settle the I,,ti
with Lord George in a direct manner ; and, as far as I
,•an recollect, I cannot possibly say how it was settled
I desired Day to psy part of the money over to Hill
There is no doubt it was settled, but I cannot tell in
what way.
Baron. PARKE—Then you told Day to pay part
of the money to Ilill ? Mr. Gully—Yes. It is com-
mon to transfer bets.

Baron PARKE-But the question •is, whether vou
would have made the bet with Lord George if Day had
not spoken to you about hedging ? Mr. Gully—Very
likely not ; but I might.
A Juror—Day stated that he employed Gully as an.
agent to hedge for him.
Baron PARKE—Yes, he said so, certainly.
A Juror—At the time of making this bet, did you tell
Lord George that it was for Day ? Mr. Gully—No, I
did not.

Baron PARKE—Then, I understand you to say that
whether Day took that bet or not, was dependent on a
subsequent arrangement with him ? Mr. Gully—
Certainly.
By a Juror—l felt bound to offer this bet to Day in a
friendly way. lam not a recognised agent for betting.
Baron PARKE—Did you consider yourself at the time
you made this bet the recognised agent of Day ? Mr.
Gully—Certainly not.
Baron PARKE—This, then, is the state of the case:—
The plaintiff in this action has to make out that it was
with Day, or with Gully, as the agent of Day, that the
defendant made this bet, but Mr. Gully states that he
made the bet on his own account. The plaintiff,
therefore, fails in establishing his case. As to the pay-
ment of the money, there is reasonable evidence for the
jury to conclude that it was paid.

The jury then immediately returned a verdict for the
defendant. There as a slight demonstration of appro-
-411togani*-1404-4.1411
PALEN V. CIA FIERCOLE.
This was an action brought by the Rev. Mr. Palen,
the Rector of Stifford, in Essex, against the Rev. Mr.
Gathercole. the proprietor and editor of a newspaper,
called the Church Intelligencer, for a libel published in 1
that paper. _

Mt:. Sergeant Shea and Mr. E. James were for the
plaintiff; Mr. Sergeant Channel! appeared for' the de-
fendant.

Mr. JAMES having opened the pleadings,
Mr. Baron GURNEY suggested that this was a case
which might be disposed of with much more satisfaction
by private arrangement than by going to trial.
Mr. Sergeant SHEA said he was afraid that the matter
had already been made too public, and that there was no
course now left but to take the opinion of the jury.
After the case had been opened, a verdict for 405., by
consent, was taken for the plg,intiff.
Mr. Baron GURNEY expressed his opinion that tie
proper course had been taken on both sides.

MIDLAND ClRCUlT.—Warwick, Aug. 8.
Wm. Jones, aged 25, was charged with having, on the
Bth of April last, feloniously cut and stabbwd Thomas
Aston with a knife; with intent to do him some bodily
harm and damage.
Mr. Willinore conducted the prosecution, and Mr.
Miller the defence.

It appeared, on the day in question, Mr. Acton wa.
proceeding along a street in Birmingham, when he per-
ceived a number of persons scuffling and fighting toge-
ther ; upon interfering, he was attacked by the prisoner.
who with a knife struck Acton upon the head, inflicting
serious injury.
For the prisoner several witnesses were called, who
attempted to prove Jones was the injured, and not the
offending, party.

The jiiry returned a verdict of Guilty. Sentence post-
-s(!ned.

Stanley Warner, aged 27, a young man of
fashionable appearance, pleaded guilty to a charge of
stealing, on the 25th of July last, twelve proinissor
notes of the Bank of England for 1001. each, the property
of the Birmingham Town and District Banking C.an-
pany. The prisoner was a clerk in the District Banking
Company. On the afternoon of the 25th of July he left
the b Ink, and, not returning, suspicions were excited,
and search being made, it was found 1,200/. were missing.
Placards were immediately distributed over the town and
through the country. Two or three days after the rob-
bery a young man was seen driving 'very furiously
through the streets of Chester. The horse and gig were
stopped, and the driver being intoxicated he was taken
to the station-house as a matter of precaution. I lis
person also was searched, so that whatever property he
had about him might be taken care of. In one of his
pockets there was discovered i,OOOl. worth of notes, be-
sides gold. The policeman then referred to a placard
in his possession, and found the prisoner to be the party
charged w ith the bank robbery at Birmingham. He was
then taken into custody, and brought back.
The Learned JUDGE postponed passing sentence for
the present.
June Bannan,-- a WI-like look?fig. woman, -aged, 24,
was charged 'with having, on the 18th of lily...last;
feloniously conveyed into the county gaol at Warwick a
lifting jack, a spanner, two saws, and one pair of seia•
sors, being instruments proper to facilitate the escape
of prisoners, and delivered to Benjamin Bannan, her
husband, then in custody, having been convicted of felony.
Mr. Mellor was for the prosecution ; Mr. Miller the
defence.

The husband of the prisoner was convicted at the last
assizes of making, or causing to be made, certain dies,
being a resemblance to the observe and reverse sides of
a shilling. A point of law having been raised against
the legality of the conviction, the prisoner was remanded
back to gaol, and it was pending the decision of that
point the offence alleged in the indictment was com-
mitted. It would appear that Mrs. Bannan applied at
the gaol for permission to see her husband in the pre
sence of an officer, and it is supposed that at that inter-
view the articles mentioned in the indictment found their
way to Bannan, the husband—the object being to aid the
husband in his escape from prison. The governor of the
gaol had some suspicion all was not right, and on Mrs.
13annan quitting her husband she was asked into a room,
and Benjamin Bannan was searched, and the various
articles de,eribed found upon him. Jane Bannan was
then taken before a magistrate, and committed for trial.
An objection was taken to the indictment, of which.
the Learned Judge took a note, observing he would not
stop the case, but still he had so strong an opinion in
respect of-it, that if the prisoner was convicted he would
allow her to go at large on hail.—The prisoner, however,
was acquitted.

NORTH WALES ClRCUlT—Chester, Aug. 7.
(Before Baron ROLFE.)
A rather respectable-looking man, •named WiThim
Neale, agi:d 29, a tailor, was indicted for a misdenteanour.
h:id criminal connexion with Ann Smith. a
girl under the age of twelve years.
The evidence of the prosecutrix slowed that early in
May last she went to reside at the house of the prisoner
as nurse, he bt ing a married man having two infant chit-
&VA' She slept in a room by herself up stairs, and in
the u,idale of the night dui, prisot:er went to 11,r bed.
tA here he perpetrated the offence.
Mr. TOWNSEND proceeded to contend that as the evi-
dence, if it was to be relied on, proved that a rape, whitih
was a felony at common law, had been committed, the
mdietnicnt for the atatutable misdemeanour cou!d nut
be sustained.

A singular scene then occurred, the coun,el for the
prisoner endeavouring to prove from the lips of the pt.',
seeutrix that the capital offence had been committed,
whilst Mr. Yardley, for the prosecution, endeavoured to
elicit the fact of consent, in order to reduce the crime to
a misdemeanour.

Mr. J. E. Donlevy, M.D., a surgeon and physician,
practising at Liscard, was then called, and he proved
that violence had been used towards the girl, and disease
communicated.
Mr. TOWNSEND contended that the indictment was
wrongly framed, inasmuch as the crime of rape had
been proved, and that the lesser offence was merged in
the greater.
His Loansuip raid, supposing the full crime of rape
to be proved, every, word in the present indictment was
true, and in his opinion the offence was complete under
the statute whether the girl consented or not. It, how-
ever, the jury convicted the prisoner, and upon consulta-
tion with Mr. Justice Coleridge, he had any
.doubt upon
the
obtain
thesubject,he opinion ouol df atrhrees llg
I:thedes judgment,upon
(ths4 Learned Judge's) impression was, that the Legis-
lature, in passing the Act, intended it to meet those cases
order d ern to
i
where it might be doubtful whether a female between the
ages of ten and twelve did or did not consent
t the point. in r
The counsel for the prosecution asked whether, if every
vitiate it ?
The Learned JUDGE--I think not.
point in the indictment was proved and more, that would
Mr. TOWNSEND then addressed the jury, contending
that they could not find the prisoner guilty if they were
of opinion that the offence was committed against the
consent of the prosecutrix.
The JUDGE told the jury that he was of opinion the
consent of the prosccutrix was wholly immaterial.
The prisoner was found Guilty, and the jury being
asked, at the request of Mr. Townsend, whether they
were of opinion the off,•nce was committed with or with-
out 3 the consent of the girl, replied, without.
His LORDSHIP, after expressing his regret that he had
not power to pass a more severe sentence for so great a
crime, ordered the prisoner to be imprisoned and kept to
hard labour for the term of two years.