The Sun.
London, England, 1844-02-10 00:00:00

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LKW IN TELLIo-ENCE.

QUEEN'S BENCH.-(THIS DAY.)

(Sitting in Banco after Term.)
It Will CHENILLE V. CHAPMAN.
be recollected that this action was tried some time back,
It en the jury found a verdict for the plaintiff, with 3001. damages.
Was an' action for a libel which appeared in the Sunday
lwblither • newspaper,
aper, of which the defendant is the registered
and the libellous matter complained of was to
the effect; that the plaintiff had entered a horse to run
certain race at Epsom, which horse he had subse-
geentlY withdrawn, in order' , as asserted in the defendant's
IPer, old '
(the obtain a mean and unfair advantage over othei persons,
Plaintiff) having laid heavy bets with divers persons on the
event of the race, and by thus withdrawing his horse, secured to
tireself large winnings on these bets. At the time of trial a justi-
Catien Wall put on the pleas by the defendant, but this was
suss negatieed by . the jury. Subsequently a rule fora new trial
granted upon two grounds :—the first being that
e Plaintiff; by his own evidence, presented himself to
the
Court under legal disability to claim redress for any in.
Ill!! done to his character, horse-racing transactions having no
eutl to 'protection, which the Court now held to be wholly un-
tenable; and, on the second groundquestion
w
al alloys/ell by the Court to be put to Lord George Fitzroy, a wit.
nels •wt great importance, and who, as a membe of the Jockey
s•lub d
' eantibed the way in which they proceeded torso ttle disputes
,neeer they unfortunately occurred. The question then was,whe-
nitiler
-- Opinion of this witness should or should not be taken, as to the
e°4121! of the rules enunciated by the Jockey Club, thus trans.
Han "Is to a witness the privileges which attached solely and. pecu.
reiltaßut looking at the whole of the proceedings as
The--,Z this witness, the Court held that such was not the case.
I libel *cited that the plaintiff, having entered a horse know.
end Unfairly, did so, and knowingly and unfairly withdrew
witsfor the
purpose of improperly gaining money. The plaintiff
and Preyed. by the evidence, to be a member of the Jockey Club,
inetithele of the rules ;of
.that Club was, • that any
horsehu o wes endowed with the privilege of withdrawing
The-- any time he likes, before the actual start for the race.
that Witness said that the Jockey Club, in deciding any differences
yett, 'Wight from time to time unhappily arise, were always go.
Wheed- in their decisions by the rules of equity and justice; and
clidt tkeds on cross-examination, whether the rules of the Club
--
Yield to a subscriber the sole right of withdrawing his
Olle_ _
for and that too without assigning -any reason whatever
tire s°doing, his answer was distinctly in the atfirma.
opinion When the Learned Judge asked him whether, in his
°
t ,that would be according to justice and equity, with the view
irt:seerla, inn* whether the Jockey Club would sanction a proceed-
herein a subicriber acted in this way from a fraudulent mo-
. the wit ed that any person, sub-
scrieber Witness had most properly answer
*sold bee: non-subscriber to the Jockey Club, acting in this way
mkt---
ino do that which was most dishonourable and improper,
the eye= *M undoubtedly incur merited reprobation and disgrace in
and cow?! every honest and high.minded nun. Thus guarded
frok oh:lned, the Court held that the question was wholly free
*taw
r eelinn, and in fact necessary, in order properly to under-
do. •iie tenor of the evidence. The judgment of the Court, as
eve
kb, ,"Y Lord Denman, therefore, was, that upon both grounds
Must lse dtscharged.
LORD GEORGE RENTINCE V. CONNOP.
141
,this ca. se there had been a demurrer to several pleas, and
action Way proceeded to give the 'judgment of the p
oints di,
cussed° wall One of assumpsit, and there had been several points dis.
Itne 'on various occasions,
-tenth as to the validity of one of the pleas,
held il"e Court would not waste time in referring to now, because it
The °Pinion that the declaration was altogether Insufficient.
the effect
set forth an agreement made between the parties
Stak emeffeet that in the running for the Grand Duke Michael
be " nun of fifty pounds for each colt or filly, should
Celts subscribed . y
o the owners, or trainers, of such
divers fillies; that both the plaintiff and the defendant, with
the s other
, Persons, had become subscribers to these stakes ; that
ta_Plarutift.
named four colts and one filly ; that the defendant
relines
• No colts and one filly; that thereupon the plaintiff, at the
Droit,„ t the defendant, and in consideration of the premises named,
Upe,:ked and agreed with defendant to perform all things alike and
of the"esaMe terms ; that the race was duly run ; and that the horse
Wag ChrPlai'llifr Icon it, whereby the defendant became liable to
terided:Cosinns of fifty pounds each. It had been slightly con-
that:), the part of the defendant, that the race beingl for
‘listinet, - Pounds, was not a legal one; but it was strongly
the 'Y Urged that no action could properly be maintained against
uefenda
that tn, as, by the 16th of Charles the Second, it was enacted
ittou'.._._ action could be maintained to recover a stake of a greater
,actiont than 0u
e hundred pounds, yet that, if paid down, the tran-
'ens ~"uld be a legal one,—the object of the statute icing to pre.
,itzeeelptatrke:tos,”orns venturing for more than a hundred pounds.
Money paid down, and in the present case,
to his '.as for one hundred and fifty. The plaintiff, in support
-verfilent that his action might be maintained, had referred
etwo friliion cases, neither of which, however, in his Lord Denman,,s)
:d d e urn'
tarsi
as
sd to the present case ; because, in each of then;
did4tgue not exceed one hundred pounds -, but it v.a
there was no contract for credit, the statute
'''nrelsbt a
ofPPIY the Court was clearlyto ofa
ca thsee opofinexion thatcothhe
tract
for the statute p
Peunds but applied to all cases of more than.on e :heu"ndred
sary tn' not paid down immediately ; and, where
s neces-
al the' "force the claim, the case was within the word'sa, as well
be th ',Writ of the act, the objet of which was well undersood to
coilrtaw‘ 'if restraining the practice of gambling. Therefore, the
the al clearly of opinion that judgment must be entered up for
defendant,
CRIMINAL
COURT.--( T HIS DAY.)
(13ofo OLD COURT.
,t, 'e Mr. Justice Carssweft and Mr. Justice COLERIDGE.)
SEAT
I.I%TE4CL ON CAPT. PcTaiii.—At the sitting of the Court this
—ng Peter Petrie, R.N., aged 54, the captain of the barque
been'', a Merchant vessel, was brought up for judgment, he having
inan.
wg
(lid guilt
o and wounding Josiah Lawton, a sea.
ur.
Jent to f cutting
disable hint.
fun ustiee COLERIDGEC, in passing sentence, said, that after a
bad
bed e careful investigation of the charge against the prisoner, he
,shier
en found guilty. The jury, however, hail accompanied their
datio with a strong recommendation to mercy, which recornmen.
4, the Court, in passing sentence, would of course take into its
consideration.,taze
The Court, however, could not forget the circum-
s Under which the assault of which the prliciner had been
.Ufid
,ider guilty was committed. When the court into its can-
th atlen the facts of the case—considering that the prisoner was
tiletcaNtain or a vessel, and that the crew had not the power of re-
anylmCany Cruelty, it was necessary to hold this case up as an ex-
-r.e. The sentence' of the Court therefore was, that he he impri.
it. the House of Correction for calendar months, and that
during that time he be kept to hard labour.

oucE INTELLIGENCE.

UNION HALL.-(THIS DAY.)
Ann Smith, A woman advanced in years, was charged before Mr.
torrisonam with 'stealing a purse containing 1:1 sovereigns, anti
ttiree half.crowns, the property of Mr. Kilburne.
'A Sergeant of the P division, stated that the prisoner was givenl4t4eostody last night, by Mr. Kilburne, who charged her wtih
pis 'Fibinit him of a purse.
containing the aboue sum. His account
;mthat while he was conversing with the prisoner she contrived
ake the purse and money out of his pocket. The Sergeant 'ad-
t"la. that the complainant expressed his determination to attend
A
corning and follow up the charge against the prisoner, but he
not Present now,
Z,. Mr. COTTINGIiaM made some strong remarks on the frequent
eutristance of prosecutors not attending to substantiate their
4isatTis after giving persons into custody. The present was an
dm! ce of this sort, anti, as the complainant failed in his atten-
p, he should, therefore, discharge the prisoner.
prara4 Yutton and Caroline Maltone were also put to the bar,
iliewelothint
rivathnt a gentleman named Pearce of several shares
~,The prisoners were given into custody this morning tit eight
o heek_.isa the Circus, by Mr. Pearce, but when the case was called
a
ab•sent,
alr, co
eeim
said, that as the robbery was committed
tee
Jso
but
ifre
t he'lnan 'll'4" keep the prisoners in custody a e
iinplt did not attend he should discharge (them.

- LITEATURE.
THE SECRET PASSION. 3 Vols.

Tile 1, Colburn, London, 1844.
the best portions of this romance are decidedly,
Wally 'emus and imaginative—those more es
'Which refer to the gradual development of t.h_e
"et Passion"—whence the story derives its title
'tc;f ihe celebrated Countess of Pembroke, the most
austejvealy distinguished character of her day. The
and f' works this incident with considerable force
feeling, and excites a deep interest for his tisus-
heroine in the breast of the reader. The
,Tenci.+r,s
very
of the times, too, are depicted with. 3
akthi`aole accuracy ; but we must protest against the
siv,„ °l.:s umour, which—as honest Dogberry would
'mod also is most tolerable and not to be endured ;"
'mss against the frequent quaintness and obsolete-
.44re of his language, which wears the aspect of sheer
Nastettaiti°ll. A novelist, even though treating of
118 e jnes, should always, like Sir Walter Scott,
ttat lc vernacular of his day, and not adopt
e
tranb, 6f. the past. In the opening chapter of th
ctuacilee before us, the style seems studiously
114, is and old-fashioned; and the author ex•
Nstiiih a special fancy for the use of words
4kad Aware not, and never were, English. Thus, in-
phrase the term "content," he adopts the odd, affected
this contentation," and so enamoured is he of
INltit:w coinage, which never issued from a Saxon
otte that he repeats it not less than three times "
in
miorge There is another specimen of his style,
tam slitfhteat blemish is, that it has the most &s-
-had equaitttance possible with grammar :—" They
tt 80 familiar with the strangeness of his fashionz
sielY had Aequired a sort of affectionateness to it.
they „Aenid not have noticed these defects, but that
ti—cnr in almost every other page, and form the
'eeoattranek to a story which might otherwise have
nv, 'aourite with the novel-reading commu-
litia 4178inneli as it is by no means destitute of fancy,
Places is full ofpassionate sensibility.
pass

rli. . ' LITY IN THE METROPOLIS.—The /4ORTA
1 oratbs during the week ending
those of the p
tio„G' shOWing an increase of 75 over
1 e chiefly among
totalam o numberdrteo-
-4 ti"t is 'ek. The excess has taken.FPeab.f.u3:..e, the aye
i.lilsb eausod by diseases of
presentOm, b
391 %i,ng L'3o, while the
by returns giveoo
illflammaetion-
lyB 1 •etie ru.'lnher carried o.ff
both 8
of
sid 'O6, and from consumption 162,
all-pox 1. ,
wheorablY above kV average ; bY sm
.1 ts., violent
demi: 11 bad not theen vaccinated ,•
r„,, a 18, 4 of whielv. were suicides
it7iel• Prom the meteork
that the ther-
loettlGreewich Obseryator it appears n Feb. 1, and
dogical observations
474.g(itiessi,t.ion Jan. 29, the de
amnumit"tjed by fe-
r: . eter during the weeklolyestcouetivtealkyen27a.: I, '' L.
~7re Ileceived in town from C—asti;:e47
vp.....a1t EARL or CantaLt•-,s being resp
eaceteinoguntht se
Howard rep
which represent the
.‘4,!..ii!)11114: illnems of the Earl of Ch Aisle, ivreearious. The
kkolahrtii.ng t evening
%,,""Lt et the Noble Earl to be exceCuing", . of an
'u'lltorna which have manifested t'lle,finlresare,.
apprehensions as
clia!acter, so as to excite pail. 7
.1,,p. the Noble
i„,__ Lordships ultialate recovery. If i., tlY` art:. but the
t,l'v,_ll:ol, Was somewhat improved on Thursdu v''''. ,4,,,,t flegree
Itti,,ae was so Might as not to remove in the , --,',,44.0jgd
at;Zarseentertained by the members of his family r--
The at
1410,4, itvoxjb:u.rgobiti:
b,ll:oEth.erEtlloieEt,arllatmealoe,mabenar for the co'illne tf_ ,ithil_cii,°"n Itassell, has transmitted to the
of 101.,
lik aid -111-14 W League Association at Hawick the st tm
palreantesntralerunoet
theo
1 of the National League Fund of 100,00Cli-
Vii
oksuruetions have been received by the Otki?e of
44 14'2,, to cover with mourning the Chapel Boyak,
,8t:
Li ,Z, fld the New Chapel, Buckingham Palace, an 'a to
Np tor Divine service by Sunday next. .
con—
Vi, ts 1111aM hompson, one of the Nottingham ,
15,11., who scaped from custody on New Year's-dad! hag
_ .1
lie egel.etakel and lodged in poi. Three othep are dill ''"' 1