The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-12-04
La " NTELLIGENCE.

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Charles g. Phelps as Horace Magne-action recover
$500, claimed to be due under the following circum
stances: The plaintiff citizen Of North Carolina, and
surveyor by profession, defendant pursuance
of an understanding had between them that if in his sur
veys he should meet any juniper timber suited his
mhuacthrlnE purposes TO apriSe him. the defendant, of
! the same,-that he had discovered Il swamp near Will
mington. containing ti material wanted the number
of from three To five thousand cords for the
Mr. Magne relying this representation and the seeming
good faith of the plaintiff supaadded his confidence in
Judgment ana SEll OF Mr Phelps authorized his
ply the purchase Of the swamp land mentioned
which was done and conveyance made by the owners
Mr. Magne. Mr.. Phelps paying the fifteen hundred dol
lars one thousand dollars transmitted Mr. Phelps
Immediately upon information that the purchase been
con>ummatcd the remaining five hundrnd loIars ,vera
withheld the major bulk of the tim
ber which to he cut and forwarded by the plaintiff
Instead of the number Of cords rrnsnnteJ ahnv hrt
hundred and eighty cords could be obtained out of
the entire swamp, which received. and on demand
by plaintiff the defendant refused pay the balance of
Beyan and A. L. Knott, Esqrs for plaintiff s NJ Cochran
and IL Stockhridge, Esqrs., for defendants.
Assignment for Monday 3S3 to All.
COURT OF COMMON eLEAs-IIon William L. Marshall
Judge The Court was engaged in the following bust
| yesterday:
Allen Il. Davis rs Theodore b ITorwtz trustee This
suit was brought to recover six months rent of certain
store of which the defendant took possession the it
day of September 1857 as Trustee uud-r deed of
ment for the benefit Of creditors 22d day of the
same month he sold the goods contained in said store on
the following day rendered the key the plaintiff which
he refused 10 receive unless the defendant would pav the
quarters rent which fell due the lst of following
month, which he declined doing Jury out.
GOURT.-flDn. Henry StumD.
Court meets this morning II o'clock for the trial of as
sault and battery
, CIRCUIT CoURT OF BALTIMORE CITy.-IIon VIM George
I krebs, Jude The following business occupied the
Court yesterday:
Hugh Gelston rs. VIM. Rulman ct al. Bill of Injunc-
ton Motion TO dissolve The opinion Of Court filed srls
tanning the motion to dissolve Ing for complainant Cow
f, for defendant.
SPORTING CASE-IIGSsLEY rs. HuupHREYs-A case
OF some interest to the sporting world to trial in
Court of Common Pleas on Saturday last From the evi
dence it appeared that time ago number persons
were present at Commercial Hail. the Restaurant adoin
ing the EXCHANGE, kept by Mr. Hugh Humphreys
Among the pleasant chat OF the hour. man cxtocd
the speed and gn0i qualities of his horse. At length Mr.
linsey the plaintiff in the present action, suggested
rOttng between his mare and Mr. Frances horse
Bay John The race was agreed upon and $500 side
placed in the hands Of Mr. Humphreys stakeholder
Messrs Frederick Crowley and George West, were ap-
pointed judges of the and pleasant afternoon upon
the ork road determined the time and place for the
trial ofspeed. The day arrived the wagons weighed
and the race run 1t further appeared that some time
after the start the horses broke but neither Of the con
testants leach drove his hOrse feeling any dispo
son to relinquish the the nags the rens
matter of course that trot became gallop soon" and
in the language of of the witnesses before the horses
reached the winning scratch both were putting in
their best licks." Bay John" out ahead
Mr. Crowley, Of the Judges testified although
Bay John was ahead and although he had expressed the
opinion that Mr. France entitled the money vet
| he had given no formal decision to that effect
Mr. West the other Judge testified that with the con
currence of his brother judge, he decided the race in
favor of Mr. France and at the request Crowley So
announced to the numerous audience in attendance
witness the sport Be this may, Mr. HinsIey imme.
dlateIy dis satisfaction with the decision
titled Mr. Humphreys not pay over the money. Mr.
Humphreys replied Il shall be governed by the decision
of the Judges, authorized that when you placed
money IN my hands, and am in honor bound carry
out your authority Accordingly during the afternoon
of the race, but utter the notice was given Mr. Hum
phreys paid the money to Mr. France Upon this
state of facts Mr.. Hinesy instituted the present suit to
recover back from Mr.. Humphreys the 5000, he had
placed in his hands as stakeholder
Vim. Pinckncy Whyte, Esq, appeared for the plaintiff
and in his behalf presented the following PRAYER to the
Court which was argued at length and enforced by for
mdable o Euplisl MI
plaintiffs Prdyer'Ifthe jury believe from the evil
dence that the defendant stakeholder received
hundred dollars from the plaintiff abide the event Of
horse or trOtng match between the horse the
plaintiff and that of VIM c. France and before said
stakeholder to the party claiming be winner by the
said defendant notified by the plaintiff not to pay orer
the same, then the plaintiffs entitled to recover in this
action the said two hundred dollars"
The defendant was represented by Wm p Preston Esq,
who presented several prayers for the consideration the
Court, the leading one of which embraces fully the ad
verse proposition, and was as follows:
DefendaHrS Prdyer.-"Th defendant by his counsel
pays the Court to instruct the jury that if from evi
dence they believe that the Of hundred dollars
deposited by the plaintiff in this action with the de.
fendan upon the condition and with the instruction that
Ul0n the happening Of certain event the hGppenng of
which to be jdgod Of anil determined by Frederick
Crowley and George West he the defendant, to pay
over said amount TO a certain William France-hat the
event did hae" and that said Crowley and West pursu
ant the authority vested in them di6 determine so;d
ereB and that the defendant agreeahy to the authority
given him by the said plaintiff paid the Ocl said
France aft said event happened and was rs aforesaid
determined by said Crowley and West-he plaintiff
entitled to recover even if the jury should further he
leve that subsequently 10 He hHpponiog ami determination
of the event Aforesaid said plaintiff sought prevent
''S said ''' ""'O"''' 'o''s''' III manner a0re'
The argument long, numerous authorities were
cited on both sides His Honor Judge Marshall in deliv-
erng his opinion expressed his regret he was not at
liberty to be governed by his individual opinion in the
matter that nothing hut the weight of authority induced
him 10 refuse the leading prayer of the defendants that
without commenting upon the reasoning of Courts
was compelled to admit that the weight of authority
in favor of allowing party to stakeholder
upon notice not To pay money placed in the stake
holders hands, 'ittoH reference IN 'ohO may hare
it,
The case was then argued to the jury. Mr. whyte. in
behalf Of the plaintiff, cOnendcl that it was never too
late to repent that although his client had in
stance rashy consented to breach of the public law and
the infringement OF good morals, involved in the evil
practice of horse racing yet il be supposed that
he might not be moved by his conscience repent his il
legal wager his penitence notify the stakeholder
and back his money. He supposed the counsel on
the opposite side would read them homilv alleged
breach engagement and in all probability would ar
tempt to auatamatize his client for not adhering TO a
cod the very foundation of which Illegal that the
jury not to be influenced by the laundering
of the defendants COUNSEL all that the plaintiff desired
that the law might be administered in its plrty as
laid down by the Court &c, &c.
Mr. Preston rose to reply. lie at commented in a
very lively strain the blessed advantages of horse
racing, which, as evidenced in the present case had
a"akened the conscience stricken horrors of turnpike
rcac rePehtance the bosom Of Mr. John HinSley who
OF sudden had become impressed with the awful respon
sply oi violating the public law and therefore could
not conscentousy permit the stakeholder to nav over t
money to the man who had it. The PLAINTIFFS conn
sci was very much mistaken if supposed that he es
toni intended to anathamaze the plaintiff that
SION could only have originated the oinion that the
Pann deserved to be anathama atzed but all apahamas
ne would leave to DIR. Sop one else who had n
knotty case to unite For his part instead of sneak
irg unEndiy Of the plaintiff, giving the Jury the sol
mn homlly suggested by the plaintH counsel he would
Ve the plaintiff to be operated upon by pentent
nectlons, and treat the matter in good humored way
IL certainly was of grave Importance and as race
involved principles Of far greater consequence than the
celebratt race Of John Gilpn-tha Cowper had
stned hat gallen, beneath the notice his the
present trot certainly deserved parody. He therefore
'gt he might be excused for presenting the case to
the jury in the doggerel it merited and would say
John ilinsley q citizen
ot cunning, and renown,
famous livery man was he
OF Monumental town.
John Hinsley said to William France,
- have gallant mare
Can beat bay John" for any sum
Aye, any sum you dare"
1.-Two hundred dollars" quoth young France,
" Two hundred let it be-
And my friend the Old York road,
Shall hear from you and me-"
Crack went the whip, round went the wheels,
Were never folks so glad,
The turnpike ratified underneath,
As if the stones were mad
Awa drivers and