The Sun.
London, England, 1821-07-27 00:00:00

SPORTING INTELLIGENCE.

BRIGHTON RACES, Jury 25.
This being the day fixed for the commencement of our an-
nual racing diversions, the arrivals since the beginning of the
week have been considerable.
His Majesty's Gold Cup, of 100 gs. added to a Sweepstakes of
20gs. each. Two miles.
Sir J. Shelley's Antar, 5 yrs old - - - 1
Lord Egremont's Little John, 5 yrs old - 2
Lord G. H. Cavendish's Allegro, 6 yrs old - - 3
Mr. Walker's ch. f. Prosody, 3 yrs old - - 4
Mr. Bouverie's ch. C. Plumper, 4 yrs old - - 5
M on easily.
The Pavilion Stakes, of 100 gs. each, h. ft. The last mile.
Sir J. Shelley's Varennes, sister to Fandango - - 1
Lord Egremont's colt, by Canopus - - - 2
Mr. Walker's b. f. Alley, by Partizan - - 3
Won by half a neck.
The Town Plate of 60gs. for all ages. Heats, the New Course,
a mile and three quarters.
Lord Egremont's gr. c. by Young"Gohanna, 3 yrs old 1 1
Mr. Field's b. g. Philip, 5 yrs old - - 2 5
Mr. Synge's Hassan, 3 yrs old - - - 3 6
Mr. Roger's b. h. Carbon, 4 yrs old - - 4 2
Mr.'Scaith's br. m. Mrs. Bang, 4 yrs old - 5 4
Duke of Richmond's b. h. Roncivalles, 6 yrs old 6 3
The Brighton Club Plate of 100 gs. Heats, the New Course.
Sir John Shelley's Ivanhoe, 4 yrs- old - - 8 1 1
Mr. Dockery's b. h. Cardinal, 6 yrs old - - 1 2 2
Lord G. Cavendish's ch. f. by Soothsayer, 3 yrs old 4 3 3
Mr. Scaith's br. m. Elvira, 4 yrs old - - 3 4dr
Mr. Pierce's br. m. Misery, 6 yrs old - 58 dr
Mr. (raeroft's ch. g. Liberty, 5 yrs old - - 6 sdr
Mr. Brown's ch. h. Wouvermans, 6 yrs old - 2dr
Mr. Field's b. c. Freeholder, 4 yrs old - - 7 dr
Good sport the last race; the Town Plate was won easily.
The Constables were on duty to prevent low gambling. Good
, • order every where prevailed ; no accidents.

CHELMSFORD RACES, THURSDAY (LAST DAY).
Sweepstakes of 30gs each, 20
fill ft., for two year old colts last. 61b.,
and es 8s 31b.
Mr. Rush's ch. f. by Reubens - . - - 1
Duke of Grafton's b. c. by Partizan - - 2
General Grosvenor's Betty Hint - - - 3
Even on the Duke of Grafton.
Steward's Plate of 501..

Mr. Rush's Romp
. -
Mr. Edwards's Cardenio
Mr. James's Fleur-de-lis
2 to 1 on Romp.

- 2 2
- 3dr

STATE OF THE ODDS-BETTING-ROOM, JULY 26.

DONCASTER ST: LEGER:-
3 to 1 agst Gustavus 10 to 1 agst Sandbcck
sto 2 agst Jack Spiggot - 14 to 1 agst Colwell
7 to 1 agst Annabella 14 to 1 agst Pastorella.
._

NEWMARKET ST. LEGER.
2 to 1 agst Reginald I 3 to 1 agst Augusta.

CRICKET.—The grand Cricket Match in Lords' Ground,
between the Marylebone Club and the Players of England,
was decided on Wednesday, in favour of the. Players.
MARYLEMONE. - PLAYERS.
First Innings - 60 I First Innings - 278
The weather being unfavourable, the match was given up in
this state.-5 to 4on the Players at starting.

The Emperor ALEXANDER has permitted the
body of the Patriarch GREGORY, who was
strangled at Constantinople, to be solemnly in-
terred. This ceremony took place on the (28th
of June with much pomp. A part of the Clergy
of several Governments had• arrived at Odessa
to accompany the funeral train. • Eight thousand
troops, under the command of Count LANGERON,
formed the lines. The body was to have' lain in
the Cathedral for three days, and to be buried
afterwards in the vault of the new Greek Church.
The EMPEROR had also sent 100,000 rubles to
the relief of the unfortunate Greek fugitives, who
crowd the streets of Odessa, and who have lost
all their property.
Not less than 700 men, have recently arrived
at Chelsea, from Chatham, for the purpose of
being invalided.

LAW INTELLIGENCE.

COURT OF KING'S BENCH, JULY 26.

CHADWICK V. SILLS AND CO.
This was an action of assumpsit for the breach
of a contract, whereby the defendants, as whar-
fingers, undertook to ship for the plaintiff 15
chests of lac dye, in four ships, but in breach
thereof shipped them in one, -which was lost by
the perils of the sea, and the plaintiff thereby
lost his goods. The case was this :—The plain-
tiff, a dyer, at Leeds, in Yorkshire, employed
his brokers in London,.Messrs. Wilkinson and
Tristram, to buy 15 chests of lac dye, and ship
them in four different lots, in four several ships,
to Leeds. The chests were sent to the de-
fendants' wharf, for that purpose, and, as was
alleged and proved, they undertook to send them
by four successive ships. In breach of this con-
tract, and as was alleged on their part, by acci-
dent, they were all sent in one vessel, which was
wrecked off the coast of Lincolnshire in a storm.
Some of the lac was saved from the wreck. Be-
fore the wreck, it was discovered by the plain-
tiff's brokers, that the chests had been sent in
one vessel, and on remonstrance and complaint of
this, as a breach of contract, the defendants ex-
pressed their regret, and desired to know the
value of the chests, of which they were informed,
and then they said, if they had known the va-
luable nature of the commodity, they would have
taken special care that it should not all have
gone in one vessel. The sum sought to be reco-
vered was 5801. exclusive of the salvage, the in-
surance and the value of four chests, which the
plaintiff was content to consider as fairly lost by
the wreck of the vessel.
The defence set up was, first, notice to the
plaintiff that the defendants would not be liable
for such loss ; second, that the supposed con-
tract was made by their clerk, without their au-
thority ; third, the plaintiff's laches in not giv-
ing the defendants early notice that he should
hold them liable after they knew that the chests
had been sent in one vessel ; and, fourth, that
the defendants were not liable for the whole loss,
for non constat, if the chests had been sent in
four different ships, they would not all have been
lost.—The case went to the Jury under the di.:
rection of the Learned Judge, who was clearly
of opinion that the plaintiff was entitled to re-
cover, and they found a verdict for the plaintiff
—Damages 5801.

MAUDESLEY AND CO. V. COPELAND.

This was an action of assztmpsit for work and
,abour.—The plaintiffs, who are eminent engi-
neers, had been employed by the defendant,
a gentleman of scientific invention, to con-
struct a hydraulic machine, which was to effect
the hitherto undiscovered desideratum of " per-
petual Motion." For months the plaintiffs were
employed in
,effecting the defendant's object,
without being informed what that object was.
Cylinders, pistons, plates, wheels, pipes, &c. in
cast iron, were made in conformity to plans and
drawings ,of his approval, but in the result, the
invention completely failed, in consequence of
the alleged imperfection of the plaintiff's work,
which, though made according to the defendant's
order, was found wholly inadequate to contKuil
the unerring laws of nature. The defence was,
that the work itself was imperfect, not being

both air and water fight. One of the objections
was, that the plaintiff had not made east-iron
pipes 30 feet in length, things which the plain-
tiff's witnesses said had never beer known, and
which it was impossible to make. The iron-
work had been made by the plaintiffs in pursu-
ance of the defendant's orders, so thin that it
was impossible for it to bear the pressure of
water thrown upon it ; in consequence of which
it gave way, and the experiment failed.—Mr.
Justice HOLROYD asked the Solicitor-General if
he had any contradictions to give to the facts
sworn to on behalf of the plaintiff ?—The SOLI-
CITOR-GENERAL said he had not. The Jury
therefore found a verdict for the plaintiff—Da-
mages 4781. 7s. 6d. giving credit for money paid
on account.

SECONDARIES'-OFFICE, THURSDAY, JULY 26.
DESPERATE ASSAULT.

STEVENS V. BItOGDEN.

This was an inquiry to assess the damages to
which the plaintiff was entitled •in an action for
assault, in which the defendant had suffered
judgment by default. The damages were laid
at 1,0001.
Mr. C. PHILLIPS stated the plaintiff's case.
He said the action was brought for such compen-
sation as damages could make for a most grievous
assault that had been committed by the defendant
on the plaintiff. The defendant, by allowing
judgment against. him by default, had admitted
that he could not deny or justify the assault of
which the plaintiff complained. The plaintiff
brought the subject before a jury with pain ;
but he felt. it his bounden duty, both as a ma❑
and a; a citizen of London, tithe' had been
cruelly injured in his person and his feelings, to
appeal to a tribunal of his fellow-citizens for such
redress as their verdict could afford. The plain-
tiff, Mr. Stephens, is a jeweller, living in Castle-
street, Holborn. Mr. Brogden, the defendant,
is also a jeweller, living in Bridgewater-square,
Barbican. It happened that some time since,
information was given to the master'. goldsmiths,
that the jewellers were in the habit of selling
mourning rings without the Hall stamp, by which
means they avoided the payment of
.a fee that is
charged on affixing the stamp at the Hall. The
master goldsmiths, in consequence of this infor-
mation, called a court of WardeN to take the
subject into consideration. The jewellers were
alarmed, as they had great numbers of
these unstamped rings on hand ; and they
called a meeting on the 31st of May, to
consider how they should act. This meeting
was respectably attended, and Mr. Stephens was
present. A Mr. M'Gregor asked who gave the
information to the master goldsmiths. A person
who stood near Mr. Stephens replied Brogden.
A friend of .Mr. Brolden's said, " Whom does
he say i" Mr, Stephens answered Brogden. The
next day Mr. Stephens received a note from Mr.
Brogden : they were acquainted, and were both
creditors of a person who was then insolvent.
The note was as follows :—" Bridgewater-square,

June Ist-. J. Brogden's compliments to Mr.
Stephens, will feel obliged by his calling on him
at Bridgewater-square, on business equally im-
portant to both, before four o'clock to-day, or
to-morrow morning." Mr. Stephens immediately
went to Mr. Brogden's house, where he found
him in his counting-house, a clerk, and the porter
who had brought the note, being present. On
Mr. Stephens's entrance, Mr. Brogden sent the
porter out, and after shutting the door, went into
an inner room, from which he instantly returned
with a large whip in his hand. Ile addressed
Mr. Stephens, saying, " And so Mr. Stephens,
you called me an informer before 18 persons last
night ;" and without waiting for any reply, he
struck Mr. Stephens over the eyes with the handle
of the whip, in a manner that caused his blood
to gush out and stain the silver articles that
lay on a counter in the room: he continued
beating Mr. Stephens about the head with
the whip till he broke it ; and even then, not
Content, he seized the larger part of the handle
and continued to beat Mr. Stephens till the clerk,
who was present, interfered to save his life. Mr.
Stephens offered no resistance; he had a com-
plaint in his eyes, and the first blow he received
rendered him incapable of making any defence.
I Soon after the clerk had succeeded in saving
Mr. Stephens's life, Mr. Taylor came into the
counting-house, and on expressing his amazement
at what he saw, Mr. Brogden said—" If I am
deceived, I never can make him amends." But
should not a man of mature age and of sound
mind have made inquiry before he would make
such a violent attack on his fellow man ? Mr.
Stephens was taken home in a coach ; his life
was for some time considered by his surgeon in
the most imminent danger, and even yet his-re-
covery is doubtful. If the plaintiff sought for
compensation for his personal sufferings, and his
pecuniary loss, which, from being unable to at-
tend to his business, must be considerable, the
Jury would feel he had an irresistible claim ;
but Mr. Stephens had much higher claims : he
was a most respectable citizen, deservedly
esteemed by all to whom he was known ; he pos-
sessed honour, and feeling, and. sensibility,
these had all been deeply wounded ; he was a
husband and a father, and had seen the dearest
objects of his affection weeping round his bed in
all the agony of anticipated widowhood and or-
phanage. For these wounds of the heart the
Jury were now called on to make him the very
inadequate satisfaction that damages could give.
Mr. Taylor stated that he knew plaintiff and
defendant. Went to defendant's counting-house
on the Ist of June. As soon as he entered, Air.
Stephens exclaimed—" 01) Mr. Taylor," and
pointing to a whip that lay broke on the floor,
proceeded to tell him that the defendant had
violently beat him, at the same time putting the
defendant's note, inviting him to call on Hai,
into the witness's hand. Mr. Stephens's face was
cut, and _there was blood on plate that lay on the
counter. Mr. Brogden put a letter into the wit-
ness's hand, and desired him to look at that,
and he would judge of his feelings. Witness
followed Mr. Brogden up stairs, and on coming
down, said to Mr. Stephens, that if Mr. Brogden
was wrong, he would make reparation. Mr.
Brogden had authorised him to say so. Mr.
Stephens denied having used any expressions
against Mr. Brogden, and mentioned several per-
sons who could prove it. Mr. Stephens's head
appeared to have been washed, and he went away
in a coach.
Mr. Beveridge stated, that he is a surgeon,
and attended Mr. Stephens on the Ist of June
and about a month after; he had inflammation
of the eyes, a violent contusion in the temple,
and a laceration of the scalp ; his life was in im-
minent danger; inflammation still continues,
and he should not be surprised if fatal symp-
toms should even yet take place—he had seen
death ensue from less violence.
The plaintiff's case closed here.-
Mr. WILKES, for the defendant, conjured the
jury to judge by what had been proved, not by
what had been stated. The defendant's clerk
had been present from the beginning; and he was
not called. When Mr. Taylor saw the defen-
dant he was after receiving the rights of hospi-
tality (this expression excited a strong sensation-
in the auditory); his face had been washed, and
he was sent home in a coach, procured by Mr.
Brogden's courtesy.
Some of the Jury asked whether Mr. Wilkes
would produce any evidence to disprove the
evidence they had heard.—Mr. WILKES declined
to produce any.
The SECONDARY summed up the evidence,
telling the Jury, that if the defendant's clerk,
who was present at the beginning of the assault,
could state any thing in mitigation, it lay in him
(the defendant) to produce him.
The Jury, after a short. consultation, returned
a verdict—Damages, 8001.

INIIDbLESEX SESSIONS, JULY 26.

K/NNARD V. BIRCH.

This was an appeal by the defendant, a coach-
maker in' Great Queen-street, liincolto.-inh-
fields, against a conviction of Sir ROBERT RAKER
and Mr. BIRNIE, two Magistrates for the County
of Middlesex, under the Building Act.—Mr.
KINNARD, the District Surveyor, in discharge of
his public duty, complained to the Magistrates of
the defendant having built a party-wall contrary
to the Act, and upon the hearing of that complaint,
and after a view taken of the premises by the
Magistrates, the present conviction took place.—
The circumstances were peculiar and of great im-
portance to the public, as regards protection from
fire. It appeared, that for several years previous
to the year 1818, the defendant occupied two
workshops under different landlords, and durinc,
the time of his occupation there were communi-
cations in the party-wall from one workshop
to the other: and in part of the wall above
the lower workshop there were two windows,
which the defendant insisted were ancient
lights. In the year 1818, Mr. How, a coach-
maker, also residing in Great Queen-street,
purchased, with other property, the lower work-
shop, and Mr. How, desirous of making hn-
I had the premises surveyed under
the Act, and the surveyors, both of Mr. How
and Mr. Birch, condemned the party-wall be-

tween the two work-shops as tuitions- and *de-
cayed, and under the provisions of the Act, cer,
tified it was. necessary to rebuild the same. It
appeared in evidence, that the defendants agreed
to Mr. How rebuilding the party-•wall, which he
was in the progress of doing, but on Sunday the
11th of March, the defendant, without any pre•
vious communication with Mr. How, employed
upwards of 20 men to finish rebuilding the wall,
and forcibly carried up the same, leaving four
openings for windows.—The prosecutor, Mr.
Kinnard, insisted upon these openings being
stopt up, being contrary to the 26th Section of
the Building Act, which provides that no
openings whatever shall be made in any party .
Wall. The defendant insisted, that two of the
openings were for the windows, which he con-
sidered ancient lights, and that the Building Act
did not destroy those rights which existed.bffore
the passing of the Act.
The COURT, after hearing Mr. Alley, Mr.
Andrews, and Mr. Chitty, on behalf of the Pis- •
rtrict Surveyor ; and Mr. Adolphus and Mr.
Pollock, for the defendant, confirmed the con-
' viction ; and the CHAIRMAN (Mr. Dickenson)
declared it to be the unanimous opinion of the •
Court, that whenever it became necessary to re-
build a party wall, or any other building, the
same must be built agreeable to .the Rules and
Regulations of the Building Act, which was
and passed expresslyto prevent inischiefs,by fire,
for the "accommodation of individuals, and even
their rights are made subservient to the general
security of the metropolis.

MEETING OF.TIIE BLACK NATIVES
OF NEW SOUTH WALES.

•
In pursuance of the Government notice of . the
9th of last December, the Annual ConferefiCe of
the Chiefs and Tribes of the Black Natives of New
South Wales, took place on Thursday,Dec. 28,
the Market place, in the town of Parrainatta. his
Excellency the Governor was present on the gra-
tifying occasion, also the Lieutenant Governor.,
and most of the Officcrs Civil, Military, and Na-
val, togetheriwith a vast asSemb:age of the roost
.re-
spectable Inhabitants of the Colony, who had.cOme
from all parts to witness the festivity. There
'were upwards of 200 Natives assembled, some of
whom had travelled a great distance. Badges of
honour and merit were conferred on the mot
deserving by the Governor, who at the same time
was pleased to exhort them to continue on terpJs
of amity with the Europeans, as it would:Con-
duce to their good and. future benefit. They were
regaled with roast beef, plum pudding, and
beer in 'abundance. When the children of the
Institution for the Education of the Natives were
introduced to the presence of the Chiefs, and
they gave examples of reading, writing, drawillgT
and other matters of civilization, the agtonislr-
ment was great, and every feeling heart must
have fondly dilated at the glorious exhibitiog
of so many human beings snatched from the
wilds of barbarism. To every reflecting tnin.d
the benignity of the Institution must have beeo
most striking. We had to contemplate the civil
lizatiou and salvation of thousands of our fellow-
creatures involved in savage darkness. We re
joice in having it i-n'our power to declare that 3
corner stone is laid in this part of the world, uptlr
which the fairest structure may be raised..---
(Sidney Gazette, Dec. 30, 18200

DETERMINED ATTEMPT AT ficcr.-DEsTnuc-
TioN.—David THomas, the person who, on Mow"
day evening last, was committed to Horseaw"ger-
lane Gaol by the verdict of the Coroner's
J u ry,
charged Is ith the wilful murder of John Mathew`!
a man employed in the mustard-manufactory,
Lambeth Butts, by stabbing him in the groin %rah
a knife, attempted to destroy himself in the f°l"
lowing manner :—On Tuesday the gaoler an,
nounced to him the decision of the Jury, which
he received in a calm and collected mannedmannedAt the usual hour his cell was locked, an
about eleven o'clock at night as the turnkey
was going his rounds, heard groans issuing ton'
the cell in which the prisoner, Thomas, was C 0 -
fined, apparently from a dying person. Ile
stantly gave an alarm, and Mr. Waiker,
gaoler, opened the cell, when they disc se
"re_?.
the.man lying on his bed covered with bl°°,,
sver
—The surgical attendants of' the prison
instantly sent for, and on examining him fL'unthac
a dreadful wound just over the abdomen; b°o..
his arms were cut across, and bled PI; iq
fusely. On being taken to the Infirmary ,
spirits were very low from the loss of 13100‘'r
per
his wounds were dressed; those in his arms %
not considered dangerous, but the puncture in e
abdomen is not yet pronounced oat of dam, d.
The medical gentlemen are in constant attell,
ance on him to prevent, if possible, an intlanloi
lion of the bowels. On inquiry yesteruto
evening at the gaol, we were informed
eat
man appeared much better. The instrtl,--5 s
with which he committed' this rash act 1;100
clasp knife, about six inches in length. ,
and by what means he came possessed °f crew,
knife is not known; the gaoler having or 004
every precaution to be used to prevent his l'ote
any weapon in his possession. The unforßi pot
man retains his senses and speaks rationalifti his
assigns no cause for the attempt he made °-
own life.

BIRTHS. ---
of.l°ll'
On the 24th inst., at Ensham Hall, Oxon, the Lad' '
Ruston, Esq., of a son. "
On Tuesday, the 24th inst., the Lady of the llev.
Greenwood, Christ's Hospital, of a son. _

. _ .
AnC.,
MARRIED. , ..,,i'st, pr.
On the 25th inst., Mr. Spencer Hood Shotter, col •-
of
of Sittingbourne, Kent, eldest son of Mr. G. Shotter. 01. vicar °'
ton, to Mary Frances, daughter of the Rev. J• LOugb' ecio'n,
Sittinghourne. vtroce ~,
Yesterday, at Camberwell Church, Willianles'-'s ora3.-
Esq., of
.Buckingham-place, Fitzroy-square, to Liss
of Dulwich-common.
_______ • late
DIED. :An of the -a
On the 17th inst., Mrs. Mary Erskine, i"-feouot"' an
John Erskine, Esq., Comptroller of Army
'—
brother to the Earl of Rossly-n. all, Frances,
On the 24th inst., at Kennington-place, itauliector of "I'l
second daughter of the late Rev. Frances Stone'
Norton, Essex.
On Wednesday morning last, aged 18, tbe you
Ettsex.
son of Joshua Knowles, Esq., of -Viranstead,
- ,
George/ ngestl.

, reG
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