The Sun.
London, England, 1842-08-05 00:00:00

EARL LARNE'S CLAIM.

Counsel were beard, and witnesses examined, on the
part of the Noble Claimant in this case to vote for the
election of Representative Peers for Ireland, after which
their Lordships declared that his Lordship had made
out his claim.—Claim allowed.

THOMSOS V. THE LORD ADVOCATE.

The arguments in this part-heard appeal were re-
sumed, and concluded to-day.
Their Lordships postponed their judgment.
THE EARL OF ROSSLYti r. AILTOtN.

The arguments in this appeal wore commenced to•
day, but not having concluded at font o'clock, the fur-
ther consideration of case was adjourned till Mondati•.

SHERIFFS' COVR.T. August 4.

EMPSON V. NICKLIN.
This was an action to recover the sum of 171. 18s. 6d,
amount due on an attorney's bill.
but he did not appear to defend
doinfehia.illdefpeenrdfla,trittnpedlt:aded that he had a set-off for wohrk
e
action, consequently a verdict was taken for the plaintiff"
for the full amount.
BEAMISH AND ANOTHER V. PAYNE.
fo,:rghoiosdlsvassoladnaanedti(oinel
it‘o,e recover
idt Illiep(s)unnai
cocfmli lt.
sitOas. 1
te(l.ld.
Snaw stated the case to the Jury, and said that
the plaintiffs
the defendant resided in .Fenchurch-street, and was a
were ale and porter brewers in Dublin, and
üblican. The defendant was in the habit of tcceiving
oos from the plaintiff, and the amount named in the
declaration was for the balance of the account.
It itnesses were called who proved the delivery of the
goods, and
Air. JANES for the defendant, called witnesses to
prove that the order was given on account of the father
of the defendant ; it was, however, shown in evidence
t ha her of the plaintiff had been dead some times
the present debt was incurred. Another rromid
~f defolco ‘\ as, that the business was not carried on in
the name of the defendant, but th,t of his mother.
Several wituel,itiel were called to prove that the.defen-
dant was employed' as a waiter to his mother. 4the
witness, a porter, in the establishment of Mrs. Payne,
would swear that the defendant was not his master, tbr
he often called him "Richard," and sometimes "Dia."
" lie varn't my master," said,* witness, "he vos ony
the vatter."—(Laughter.)
JAltEs—Did the defendant. engagf,..You • NA it-
ness---In course not. •

-The jury, howe.ver, did not dtink-tbis evidence RA-
°jell; alltl therefore returned a verdict for the plaintiff.

On the application of Mr. James, the writ was stayed
r a fortnight, on the ground of the verdict being against
•►idence, in order to go before the Judge in Chambers.
The Court aljourned at one o'clock.

INSOLVENT DEBTOR'S COURT, August 4.
IN RE JAMES ATKINSON.

The insolvent applied to be liberated on bail until the
day appointed for his hearing. His chief detaining cre-
ditor was his mother, the others being small ones on
detainers from the Court of Requests.
The Learned CHIEF CommtssloNEß examined him
with respect to the manner in which his mother's debt was
contracted, or whether it was bona
,fide. In reply, he
stated that his mother was actuated by spite against him
in lodging- the detainer.
The Court eventually ordered the case to stand over
to Monday, in order that further inquiries might be made
respecting the orders from the Court of Requests, as the
time at which the insolvent's hearing came on would
cover the period during which confinement under these
decrees were

The Court was occupied entirely with hearing unim-
portant applications for bail, of which there were no less
than forty-one. Thirty were London, arid the remainder
country cases.

ASSIZE INTELLIGENCE.
HOME ClRClUT—Guildfird, August 2.
(Before Lord AUINGER and a Special Jura)
LIBEL.—GREVILLE V. CHAPMAN AND
.;04.01,„,,,8.
This was an action brought by ;:ne Hon. Mr. Gre-
against the defendants, whrl are the proprietors of
the Smcflau Times newspal;,,, for publishing a libel upon
the plaintiff; in that PH; tier. The libel complained of was
..,.contained in a reo,,rt of the proceedings of the last Ep-
som Races, a ir.t‘ die plaintiff was accused of having with-
drawn ids 14orse Canadian from that race, in order that
be mig4:,.e win several large bets that he had made against
The defendants put several pleas upon the record,
which were, in fact, tantamount to a plea of justification.
Mr. Thesiger, Mr. Bodkin, and Mr. Peacock were for
the plaintiff: The Solicitor-General, who was specially
retained; with Mr. Platt, and Mr. Taylor, were for the
defendants.
'Mr. Titestota addressed the Jury, and said he had
the honour to appear on behalf of the plaintiff, who was
a gentleman connected with some of the first families in
• the kingdom; who had for several years filled the
%wive of joint-clerk to her Majesty's Privy Council,
And who had for many years enjoyed the esteem of a
-numerous circle of • friends, but who felt himself corn-
• pelted to come before a Jury in vindication of his
honour., to complain of the publication of a foul libel
and calumny upon him by the defendants, who were
Use proprietors of a newspaper called the Sunday Times,
They were not content with publishing the offensive ar-
ticle now complained of, but when they were asked
to give a contradiction or explanation, they not only
refused to do so, but inserted another article
in a subsequent publication, in which they defended the
• original statement, and declared it to be true. The
charges made against the defendant were of a most seri-
ous character, and affected him deeply as a man of
honour, and he looked forward to the result of this ac-
tion with the deepest anxiety. The Learned Counsel
then proceeded to state the facts of the case, as they
afterwards appeared in evidence ; and having read the
libel, he said that the plaintiff was accused of having
betted Urge sums of money against his horse Cana-
dian, and that just before the race he withdrew him
from the contest, in order that he might win the money
in this dishonourable and disgraceful manner ; and
this was not the extent of the charge made
gainst him, foe he was likewise accused of
having lamed the horse, or caused him to be
lamed, in order to afford a colourable pretext for
withdrawing him from the race. Having detailed the•
facts, the Learned Counsel said that Mr. Greville re-
pelled with scorn the imputations east upon him. He
had no means of discovering who his calumniator was,
• and he had taken the only course left open to him, of
appealing to the law, and daring his assailant to the
proof of the charges made against him. The de-
fendants had accepted the challenge, and the Jury would
have to decide whether the defendants had any ground
fur the tout attack they had thought fit to make upon
the plaintiff: lie was not fearful of the issue, and
be was glad that the defendants had met the case in
this manner, because it would give him an opportunity
of ascertaining upon what foundation they had made
the charges against him, and to see what proof they
would offer in support of these charges. The Learned
• Counsel concluded by saying that the plaintiff did not
seek for vindictive damages, but when such a foul charge
vas made against him, he did expect that the Jury
would let the world know, by their verdict, what was
their opinion of the charge, and that they would give
such damages as would satisfy all who knew the plain-
tiff, that it was a foul and calumnious attack 'that had
been made upon him, without the slightest ground or
semblance of truth for its foundation.
The libel was then put in and read. It was in sub-
stance to the effect above stated. The proprietorship of
the paper was also admitted.
Montgomery Dilly was then called. He deposed as
follows :—I have been for many years trainer to Mr.
Greville, and I keep stables for him at Littleton, in
Hampshire. I remember the horse Canadian, and I
saw him win a race at Newmarket ; and upon my re-
commendation he was afterwards purchased by Mr.
Greville of the Duke of Grafton, to whom he then be-
longed, and the horse was brought to Littleton, and
placed under my care. lie was engaged in the Derby
of this year, and he was regularly trained and put in
condition for the race. On the 21st of May, the Satur-
day belore the Epsom race week, Mr. Greville came
down to see the horse with Nat, the jockey who was
to ride him, and he was taken to• a paddock and ridden
by Nat in the presence of tho plaintiff, and I afterwards
received instructions to send him to Epsom on the fol-
lowiny Monday, and the plaintiff then raturned to town.
on the Sunday the horse was exercised by a lad named
Ilumby, and soon after the horse was brought home I
received a communication which led me to the stable, and
I then found that the horse was lame on the near side
bock. I immediately sent a communication to Mr.
Greville, and the next morning Mr. Field, the veteri-
nary surgeon came to look at the horse ; and after he
hail examined him, he was placed in a van and was
conveyed to Epsom. The horse still continued lame,
and lie Was seen by Mr. Day the trainer, and Mr. Ste-
phenson, the trainer to the Duke of Grafton. He was
very lame on the Tuesday morning, and was evidently
quite unfit to run a race. He was lame for several weeks
after this, and forfeited his engagements at Ascot and
Goodwood, and other places where he was to have run.
There was no appearance of injury to the leg, and I could
not account for the lameness.
Cross-examined—l have been a trainer to Mr. Gre-
vide since 1837. He has been many years connected
with the turf, and keeps several race-horses, but I do
not know anything about his bets. I sometimes bet
myself, but I did not bet anything upon Canadian in this
race. Mr. Greville's jockey rode the horse on Saturday,
and at that time he was perfectly sound, and no sign of
lameness was discovered until the Sunday, when the
horse was removed from one side of the stall to the
other. He was very lame on the Sunday, and he was
not in a state to run and when Mr. Field came to see
him on the Monday morning, if there was any difference
be was more lame. Mr. Field directed that the leg
should be bathed with cold lotions, and he consented
that he should be taken to Epsom. The horse was
placed in a van, and was taken to Kingston by the
railway, and from thence by post-horses to Epsom,
when he was taken to the stables of Mr. Wood.
The time otzlapied in taking the horse to Epsom was
about four hours, and when we got there I did not tell
any person about the horse being lame. A person
named Wood was present, but I did not tell him anything
about the lameness. It is net usual for trainers to tell
if there is anything the matter with their horses. There
is generally betting at Tattersall's on the Sunday and
the Monday before the Derby day. On the Tuesday
any person seeing the horse would not have known that
he was lame, and I had him walked about on the pad-
dock for an hour and a half or so. where every body
could see him. I think he trotted on the paddock, and
when he trotted he went lame. I still kept my
counsel, and did not tell any one that the horse was
lame. He was still in the same state at twelve o'clock
on the Tuesday, and on that day he was declared not to
start. I knew that the horse was not to start between

eight and nine o'clock on the Tuesday morning. Mr.
Greville came to see him on that morning, and asked
me how the horse was, and I told him that he was still
lame; and it was then stated that he was not to run, but
this was not made known publicly until one or two
o'clock. I did not hear any bets made upon Canadian on
that day or at any other time. Mr. Wood did not say
to me, " Well, have you brought Canadian to win the
Derby?" neither did I reply, " I
.suppose so, for -he has
takcm his last gallop at Littleton." The horse was not
examined by any veterinary surgeon at Epsom either on
the Monday or the Tuesday. Mr Field recommended
that the horse should be bled and have a dose of physic.
Canadian had won three times before I and Mr. Gre-

ville Went to see him. I liked the horse and recommended

him to Mr. GrevUle, and he decided upon purchasing him.
Re-examined—lt would be a breach of confidence
in a trainer to tell any one that his horse was lame. On
the Tuesday morning Mr. Greville told Nat, his jockey,
that he might ride Lord Chesterfield's horse, as he did
not think Cam Jilin would be able -to start. I do not know

of horses being lame shortly before a race, and running and
wi►ming the race. Ino not know that I ever had a horse fall
lame ?..o suddenly as Canadian did. I have known them to do

so in their gallops, but not in this manner.
'.-3y the Cou AT—The jockey was at Littleton on the Saturday
two or three hours, and I went to the place where the horse
was sweated, and when lie first began to run he was apparently
Perfectly sound. He went about four miles in his sweat, and
when it was over I did not observe any difference in his gait.
th. William Dilly, examined by Mr. I'macocK —I am
boxiier to the last ‘iitoess, and assist him in training race_

hots es. I saw Canadian on the Sunday before the Epsom race,
and olrr7ed him being ridden by a boy, named Humby, to
When he was brought in I did not see that he was
lame.. Tit, boy rode him for about three. quarters, of an hour,
and when he was put in the stable I went to examine him, and
fourd that he was lame in the near hind leg, but no cause for
th- lameness was perceptible. In consequence of this I went
to London, and saw Mr. Greville, and Mr. Field, the veteri-

nary surgeon, was sent for, and he accompanied me back to
l.ittletott to see the horse, and I then found that he was lamer
than when I left him. The witness then went on to detail
the facts stated by his brother, and confirmed his evidence.
- Cro•s-examitied—The horse was walked to Winchester race
course to be exercised, and it was walked and galloped about.
We do not sweat horses on Sunday.—( Laughter.) After the
boy had galloped the horse a short time, he got off and led him.
When a horse is strained the part generally swells. After the
lameness was discovered, I felt down the horse's legs, but could
not detect. any inflammation, or heat, or sprain, or any thing to
wl ich I could attribute the lamess. The foot was quite
I,rieut when we had the shoe taken off. I got to Epsom on
the Tue-day, but I did not hear that the horse was not to run
until I had been some time upon the course. I had no inter-
est to see Canadian at that time.
By the Coo.RT-There wa, no appearance of external injury
ou the horse's legs.
-WaS
George Hutnby, examined by Mr. TuzstGl stable-
=adgroom to the pla,ntiff, and attended upon Canadian
ton.
.I rode Lum
on the Sunday for two or three ,