consequently the trial had not taken place in his presence, as agreed. upon. One of the pleas was demurred to, and the demurrer disposed of some time ago. Upon the other issues the case went down for trial at the last York assizes, when the jury found a verdict for the plaintiff—damages, 1801. A rule having been obtained, calling on the plaintiff to show cause why a nonsuit should not be entered or the judgment arrested. Mr. ALEXANDER and Mr. MILNER now showed cause. The alleged ground of nonsuit, namely, that there was no sufficient proof that the trial had taken place in the presence of the person named as judge, could not, they contended, be maintained, because it was not necessary that he should accompany the horse the whole distance, that having been done by two other persons, but that he should be present at the twentieth milestone to see whether or not the horse came in within the time limited. In that manner the trial had taken place in his presence. within the fair meaning of the contract, and therefore that issue was proved. Then as to the ground for arresting the judgment—namely, that this contract was in effect an illegal wager laid upon the result of a trotting-match-they argued that it was not necessarily any such thing. It might have been a fair question to have left to the jury, whether or not this was a bona fide contract, or a colourable wager; but on the face of the record it did not necessarily amount to a wager. Suppose a person in the coal-mines district ordered an engine of twenty horse power, which, owing to the competition in the trade, he wanted for a specific purpose, and he agreed to give a certain high price for it? and suppose one of eighteen horse power were sent home to him, which, as not being adapted to the purpose for which he wanted it, was utterly valueless to him, could it be said that in such a case, if the contract embraced the alternative of paying only five pound, or one shilling for the engine, if it were not of the required power, it amounted to a wager? And so if a distiller agreed to furnish spirits for chymical purposes, of a given strength, on similar terms? If, then, it did not necessarily follow that in every supposed case such a contract was a wager, then, as this objection arose on the record, the rule for arresting the judgment could not be sustained. Mr. BAYLEY, in support of the rule, argued that the trial had not taken place in the presence of the party named as judge within the meaning of the terms of the issue; and secondly, that the contract was in effect that the plaintiff should pay to the defendant either 2007 or Is., according to the result of a trotting match against time, which was clearly an illegal wager within the meaning of the statues on this subject. The COURT (with the exception of Mr. Justice Gaselee, who thought that whether this was a wager or a bona fide contract was a question NO. LXIII.-VOL. XI. 2 D which ought to have gone to the jury) were of opinion that the contract, as set out on the record, amounted to an illegal wager, and therefore ordered the rule for arresting the judgment to be made absolute. OXFORD AND CAMBRIDGE ROWING MATCH. THE eight-oared match between the gentlemen of the Universities of Cambridge and Oxford. took place on Friday, the 17th ult, from Westminster to Putney. This contest had long been the theme of conversation, and had excited almost universal interest; but until the eleventh hour of the time appointed for its taking place, it was not definitely known that it would be rowed, owing to the parties differing in opinion with respect to the distance. It was agreed that the contest should take place in the London river; but it was not so easy a thing to decide upon the distance to be rowed. Cambridge held out, on the ground that they were the challenged party, for it to be from Westminster Bridge to Putney, or from Vauxhall to Hammersmith with the tide, and would not listen to the propositions of the other party, to row either against tide, or from Putney to Hammersmith and back. On the 15th the Oxford arrived in London, and took up their quarters at Batchelor's, the Star and Garter, Putney, where in the evening both parties met, and after much argument, pro and con, the distance, it was definitively settled, should be from Westminster to Putney, and the start to take place on the afternoon of the 17th at twenty minutes past four o'clock. Lord Loftus, of Balliol College, and Mr. Hickson, of Christ Church, were appointed umpires. The afternoon proved exceedingly unpropitious; at four o'clock the rain came down heavily, and continued to do so until the evening was far advanced; but, notwithstanding the unwelcome showers, the river at Westminster presented such a phalanx of splendid cutters as has not, perhaps, been seen together for many years. Nearly the whole of the elite of the river amateurs assembled on the occasion, and long before the time appointed for the match there was not a cutter to be obtained at any of the boat-builders' premises. In addition to the two competing boats, eight cutters had been brought over land from Oxford and Cambridge, all of which were manned by gentlemen belonging to the two Universities. The Etonians also came down in their boat from Windsor, to be present at the match. The Fly steamer, which runs to Putney, was engaged to accompany the contesting boats, with a numerous party, but she, as was anticipated, was left some distance in the rear soon after starting. The various bridges were crowded with spectators, in carriages and other vehicles, more particularly Vauxhall and Putney, where the carriages extended nearly the whole length of the bridges. Betting was, from the first, decidedly in favour of Oxford; but the offers of five and six to four, made in the beginning of the week, were in numerous instances taken, to the amount of some hundreds. About four o'clock the contending crews made their appearance at Westminster, the Cambridge in the Pelican, built by Logan, and belonging to Corpus Christi College, and the Oxford in a boat built by Stevens and King, and belonging to Christ Church. The former were attired in white cotton clastic rowing-shirts, and the Oxford in blue and white striped ditto, and blue handkerchiefs, the latter of which were thrown on one side previous to the start. The names of the respective crews were as follow :-- Green, Caius. Solly, Trinity. Egan (steerer), Caius. It will be seen that each had a gentleman steerer. The preliminaries having been satisfactorily arranged, and the boats, having taken their stations (the toss for choice being in favour of Cambridge), the signal was given for starting at twenty-one minutes and a half past four, it being then just the top of high water. Both crews went away from the bridge in excellent style; the Cambridge, however, taking the start, the Oxford lying close alongside, and off the wharfs in Milbank street were, for a few seconds, stem and stem with Cambridge, who then went to work most gallantly, drew in advance at every stroke, and at Vauxhall Bridge were well a-head. It was evident, even at this period of the match, that Cambridge had it all their own way; and at Battersea, notwithstanding the Oxonians made several determined pushes to come up with their opponents, the odds were 10 to 1 in favour of the Cantabs, who pursued the "even tenour of their way," and reached Putney about one minute in advance of Oxford. The distance was They had scarcely rowed in thirty-six minutes by the winning boat. any tide with them the whole way, and the ebb met them about Wandsworth. The Cambridge had the best boat. The one rowed by the Oxonians is too flat-bottomed for the Thames; it may do very well in shallow water, but she ought never to be brought to London again for a similar purpose. GRAND SPARRING EXHIBITION. (From Bell's Life in London.) PRETTY strong evidence was afforded on the 17th ult, that the love of our national sports, if dormant for a time, is far from extinguished, in the breasts of the most influential men in the country. The occasion for the display of this feeling arose out of a desire on the part of the Prince of Orange, now a visitor to this country, to afford an opportunity for exhibiting to his sons the principles and character of good old English boxing-an art by which men are encouraged to settle their quarrels with the weapons of nature, instead of the knife and stiletto-a practice which, we deeply lament, has of late been but too prevalent, arising, we cannot help thinking, from the St. Agnew-like hostility with which anything like a boxing-match is suppressed, and the morbid horror which is entertained among the modern pantilers towards the humbler sports of the people. The laws of fair play have, in fact, nearly become a dead letter, and, for want of those examples which occasional fistic or sparring matches are calculated to afford, men, acting under the impulses of passion, seek the gratification of revenge in ways as horrible as they are disgraceful, approaching nearer to the fury of the savage than the self-controul and humane forbearance of civilized society. Mr. Jackson, so well known in former times as the presiding genius of the Ring, was selected to cater for the amusement and instruction of the young Princes, and in conjunction with Mr. Angelo, the celebrated fencing-master, who is well-known as the zealous master and promoter of all athletic exercises, made the necessary arrangements. The place selected for the meeting was Mr. Angelo's "School of Arms," in St. James's Street-a large room, well calculated for the purpose, as it is capable of containing nearly three hundred spectators. This was fitted up for the purpose with a roped arena, and a succession of benches, amphitheatrically arranged, so as to afford an uninterrupted view of the sports. A gallery at the north end was set apart for the Prince of Orange and his sons, as well as for the accommodation of other distinguished visitors. Those only were admitted who were invited by Mr. Jackson or Mr. Angelo, so that the assemblage was select and respectable. Had the privilege been more extensive, we have no doubt ten times the number would have availed themselves of the chance of participating in the treat. Too much praise cannot be given to Mr. Angelo for the excellence of his arrangements, and the liberal spirit by which he was influenced, professing as he does, a strong desire to maintain, by every means in his power, those athletic exercises which he has found calculated alike to induce confidence and promote personal courage, as well as a humane forbearance in the moment of victory. At three o'clock the doors were opened, and the throng which arrived soon evinced the interest which had been excited. As, no doubt, the "milk-sops and effeminate "exquisites" among the degenerate classes of the present day will deny that anything like a love of "boxing" (that horribly barbarous practice!) exists among the higher ranks of our countrymeu, we subjoin the names of a few of those who were in attendance, only adding, that there were nearly a hundred other other Noblemen, Gentlemen, and Members of Parliament, whose names we were unable to collect :--Their Royal Highnesses the Prince of Orange, Prince George of Cambridge, Prince William of Orange, Prince Alexander of Orange, and Prince of Salms; Count Sterum, Count Frederick Sterum, Monsieur Dedel (Ambassador), Sir Henry Johnson, and Count Blucher; Dukes of Grafton and Beaufort; Marquesses of Anglesea, Winchester, Douro, Graham, and Douglas; Earls of Lichfield, Falmouth, Normanton, Errol, Hereford, Euston, Uxbridge, Lincoln, and Stradbroke; Lords Willoughby d'Eresby, Redesdale, Nugent, F. Fitzclarence, A Fitzclarence, Grimston, Alford, Dalmeny, Compton, F. Gordon, Loftus, - Loftus, Colnbrook, Scott, Anson, and Clonmel; Sirs Hussey Vivian, Henry Hardinge, John Shelly, M. S. Stewart, Horace Seymour, Charles Rowly, Robert Deck, Thomas Troubridge, Andrew Barnard, E. C. Drake, C. Alston, F. Smith, G. Ducket, R. Brooke, and Sir F. Roe; MajorGenerals Gardnor and Campbell; Colonels Lowther, Hare, Fremantle, Peel, Lister, Elphinstone, and Sibthorp; Captains Marriot, R. N. Hope, Clinton, Joddrell, Hudson, and Rouse, R. N.; Honourables - Ashby, Devereux, Lascelles, Lascelles, Phillimore; - Maule, Bagot, On the arrival of the Prince of Orange and his sons, they were received with loud demonstrations of respect, which were continued till they took their places in the gallery. The sparring then commenced, the names, weights, and ages, of the competitors, being communicated to the royal party as they came forward. There were six sets-to, which took place in the following order : JACK ADAMS AND STOCKS, OF WESTMINSTER. This was a spirited display of science, in which the straight, left handed jobs of Jack told with fearful severity on Stocks' smeller. The stopping on both sides was excellent, and the counters frequently severe. Stocks got well into his man, and his deliveries were highly creditable. There was the same fearless intrepidity about him which has characterised his doings in the ring, and the men on leaving off, after two quick and punishing rounds, they were loudly applauded. TOM CRIBB AND TOM OLIVER.--These veterans made their bows, and although both showed symptoms of "the decline of manly energy," yet they did wonders for "old-uns." Cribb proved that he had not lost the gift of hitting : he had the advantage of height and weight over Oliver, aud might be said to have had the best in tactics. They played light, but, in theory, showed "how battles were won" in their palmy days, and revived the recollection of many severe contests in which they had been engaged. They met with marked approbation. 6. TOM SPRING AND PETER CRAWLEY.-This was a first-rate display of the pugilistic art, and although Crawley was a complete outsizer," being upwards of 18st. in weight, he displayed both agility and quickness, and met the superior skill of Spring with a readiness and tact which showed him to great advantage. The hitting, stopping, returns, and getting away, were admirable, and during the three rounds that were fought repeated bursts of applause proved that the spectators fully appreciated the high treat which was afforded. On leaving off, both were "pipers," and, no doubt, lost some of their superfluous animal matter, from the severe exertion to which they were exposed, combined with the great warmth of the room. DICK CURTIS AND SWIFT.-The old and new champions of the light weights, came next in order. The contrast of weight, when compared with their predecessors, was extraordinary, being little more than half their size; but, though "little-uns to look at, they were good-uns to go," and displayed all the art of finished masters. Their left and right deliveries were quick and effective, and the generalship which they displayed proved them at home to every move. JEM BURN AND YOUNG DUTCH SAM-In this set-to it was "major v. minor," Burn weighing at least 16st. and Sam little more than 11st.; still the finished style of Sam was obvious, and enabled him to lead off with effect. His cool and steady position, combined with the fine symmetry of his frame, displayed him to great advantage, and the rapidity with which he popped in his left on Jem's mug, elicited strong indications of approbation. Jein, although greatly out of |