The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1858-02-09 00:00:00

Legal.

COURT OF QUEEN'S BENCH-FRIDAY.

(Sittings at Nisi Prins at Westminster.—Before Lord
Campbell and a Special Jury.)

CUTTS D. SEIRPHERM.-ACTION FOR A MALICIOUS PRO-

BECUTION.

The plaintiff, a solicitor and a gentleman of fortune,
residing in Essex, brougkethis action against the defend-
ant, who was also a solicitor, practising in the same
neighbourhood, to recover compensation in damages for
a malicious prosecution.
The prosecution was preferred by the defendant
against the plaintiff and a respectable farmer under the
Bishop of Oxford's Act, which enacted that any person
who should by false representations or other fraudulent
means procure any woman or child under the age of 21
years to have carnal connexion with any man, should be
guilty of misdemeanour and suffer imprisonment for a
term not exceeding two years with hard labour. The
circumstances out of which the ease arose have already
been made known to the public through the medium
of an action tried towards the close of last year at
Guildhall.

Lord Campbell having thrown out a suggestion that
it was advisable an arrangement should be come to be-
tween the parties, the counsel conferred, and after some
delay
E. James, who appeared for the plaintiff, said as
the prosecution had been publicly preferred against him
in the county in which he resided, without reasonable
or probable cause, he had no other course to pursue but
to bring an action in order to have the matter publicly
investigated, or an apology publicly made. He believed,
however, the defendant was now prepared to give repa-
ration to the plaintiff for the course he had taken.
Mr. Hawkins, who was instructed on the other side,
said the defendant had adopted proceedings against the
plaintiff upon the best advice he could obtain, but he
had since ascertained that the informati ni given to him
could not be relied upon. He disclaimed having been
actuated by any malicious or vindictive motives towards
the plaintiff, and expressed his sincere regret that he
had instituted the prosecution. It had now been ar-
ranged that there should be • verdict returned for the
plaintiff for five guineas subject to terms.
These terms were not mentioned in court.
Lord Campbell expressed his sincere satisfaction that
through the good offices of counsel, an arrangement had
been come to which would save • painful and by no
means edifying inquiry. No doubt Mr. Shepherd, who
had now acted with great propriety, was mistaken in
instituting the prosecution, but lie (the learned judge)
was bound to say there was not the slightest foundation
for it. Tho ease clearly did not come within the Bishop
of Oxford's Act. The motive of the plaintiff seemed
solely to have been to bring about • lawful marriage,
and to make the young woman an honest woman instead
of a prostitute.
. . . .

The jury then returned a verdict for the plaintiff.—
Damages E 5 15e.
Tag NEW LAW.—A respectably attired man applied
to Mr. Tyrwhitt at the Clerkenwell Police Court,
London, on Wednesday, for advice and protection from
his wife under the following circumstances :—The appli-
cant stated that he had been married for some time, but
had lived uncomfortably with his wife in ooneequence