The New York herald., 1862-11-23
jackson, ssThe American Deer,'' In Eng.
land.
from the London Herald, Nov. T..
WILLIAM HowITT JACKSON, THE AMERICAN DKRR.)


VS.. GEORGE MARTIN.
Yesterday morning Mr.. J. f. Fraser, the judge at the
wandsworh County Court, gave Judgment in this case
win probably be within the recollection OF read
that the 23d CT October William Howitt better
known by his professional cognomen Of The American
Deer sued George Martin FOR the OF GO, being the
balance due for wages ade up Of she several
of 81 owing out Of "a weeks salary and ca for
weeks salary in lieu Of notice The American Deer'
had been engaged by the defendant Martin go with
Deeroo (the Seneca lndan) John Brighton and others
in the circus which travelled from place TO place. where
running matches and other sports of athletic character
were performed. In the midst Of provincial tour Mar
tin summarily dismissed the entire troupe he found
the speculation failure and he promised TO pay the
balances then due for aervices rendered aud also to
make up all deficiencies. This at Peter thorough,
al which town the whole concern came 20 dead lock
The line OF defence adopted by the defendant Martin
who denied that he owed the Desr'' ANYTHING
elected full expse of the so.cailed pedestrian
tests 1t appearing that men who could give tDcerfoot
long starts settled TO run IN certain positions and
that Martini the timeKeeper, judge, &c was 10 give thc
Office" by preconcerted OF his book, when to go
lowed to win The Deer' ran under orders In different
places at different times third fourth fth Martin
instructed him. The Deer" also acted clown in the
circus and according " his statement there several
in the troupe who could have gwen starts 10 the Indian
and beaten him. Al the hearing OF the the Judge
the plaintiff relying on the fact that there WAS an Implied
contract between the parties master and and
his honor commenting IN unmeasured terms the dis
honorable character OF the entire transaction Since that
hearing one hours has taken place in which the
Red Indian has II ss 40 yards the hour at the
west LONDON 0rouno br0npton, AGAINST Nh!te,
Brighton, Andrews, Bower and others eet Of foot but
the actual measurement and timing may well be
cepted with much reserve, after the statement given
in evidence In the case more Immediately under notice
There was considerable gathering Of the pedestrian
fraternity present. and at the sttng Of the court,
His Honor sad--Mr. Haynes, havc looked my
notes and does not sucisaty appear on the evidence
whether part Of the ogrnaf contract tina, jackson
was 10 run according to orders Perhaps you would not
like TO oner any further evidence.
Mr.. Haynes said that he felt the difficulty at the time
Of the hearing OF the summons, but he would prefer
taking the judment Of the Court on the evidence IL
stood
his Honor said am ready to give my Judgment, and
upon reading the whole OF the evidence in this case
Of spnsn that there the OF "a for wages left
unpaid the plaintiff the time OF the breaking up Of
the company Peterborough out with respect the
OF c. claimed for services in Ireland, think the weekly
contract had been rescinded and fresh had
been TO- tha, the plaintiff shous receive E2for his
last two days services, and which II IL amitted
was paid TO him question has however, arisen,
whether in point Of lew the painr Is entitled 70 ro
public induced by the defendant N pay their
money for admssicnto see certain foot races under
representation that they would be honestly run
in the contest, the defendants intention bc'- Ina, n
many II not in all the result should DO esv s,rs ~
he should dictate TO the competitors Ts,c was sran.,
upon the ubc aud m the plaintiff with The rhl know
ledge Of hs tact, and with the view OF a,hernu ,he
designs Of the defendant, had il part on MA
tract with him TO run. not according 10 hje real
but according 70 the order Of the defendant
had no difficulty in deciding thst such con,,.e, 80
void; but although satisfied that many "a 49,
races IL not all were run not honestly bnt aroordina =,
We3rrsngod plan, yet as the evidence docs no m ~
stipulation IN tho contract between the parties bu rahs
that II was compliance the part OF ibs nls,n,; 80,
the nrroper Instructions Of the defendant am of on,nio
tnat hghy reprehcnsbleas the conduct Of the plain,
was he IS hot dissnttled from suing for the emonn,
% him, and tie judgment OF the court VIII ,be,asn,.
Tor The piantif for "a 70 be paid In week.