The Express.
London, England, 1862-12-22 00:00:00

LAW INTELLIGENCE. '

(11118 DAT.)

COURT OB QUEEN'S BENCH.

After Term Sittinp, at Nai Prins, at Otiildball.—(Bicee
Lord Cbiat Cockburn and a Spacial Jury.)

HUDSON V. NIS 1. WADI, RUM, Q.C., AND OTHERS.

ADAM:MT AND PAL= INPNIBOIIILNT.
The further hearing of this as was rimmed this
morning.
Mr. M. Chambers, q. 0., Mr. Collier, Q.C., and Mr.
Lloyd were counsel for the plaintiff ; Mr. Serjeant Sties,
Mr. Serjeant Pigott, end Mr. Field were cottosol for the
defendants.

Mr. Rodwell was crom-examined by Mr. M. Clambers.
He said—l first heard of the book from Mr. Brown,
when under examination. He said it was • pri.
vete letter book, which was never intended to me day-
light. I am net aware if Sir Frederick Blade asked
whose it waa ;he might have saidg.. Mr. Brown said "It
is one ',Lave looked through, it does not affect air. Sey-
mour, but 'elates to the Waller Company." I don't think
he said " It does not affect Mr. Seymour at aIL " Mr. Brown was
appoixtad solicitor to the eompaay in the lartstages of its ex.
istenoe. With reference to tnefith July the shorthand-writer's
notes are particularly faithful ; they are faithful in other re-
spect& A great deal of what took place on the 9th is not
in the transcript of the notes. I have read every word of
the transcript. I read part of it about • mouth since to
confirm my memory of what transpired at the examination.
The transcript is printed. I had nothing to do
with Mr. Seymour's action for libel. Sinai this
trial I have had a conversation with Mr. Brown.
I don't know if Mr. Brown is to be called aa a witness. I
should think not. Mr. Brown is a solicitor carrying on
business in Parliament-street. I called on him by desire

of Mr. Grose and Mr. Bagshawe, relative to the book. I
was made a heather in January, 1880. 1 was the junior
bencher but one—Mr. Hawkins. I still adhere that Mr.
Hudson was not interrupted on the Bth, in the proper
acceptation of the word. He used no expression to
convey that lie was annoyed ; hat, on CrOCA-oX4lllioiog
him myself, I could see he was annoyed. When
he got into an embarrassment, as he described in his eta-
mination-io-chief on this trial, I have no doubt he was
annoyed. He had not been treated in the strictest manner,
as at nisi prim. (The witness was crom-exerained relative
to the mode of croirexamining the plaintiff before the
beechen, and the annoyance, front the shorthand-writer's
notes, to show that the plaintiff's description of the manner
in which he was treated was correct.) I had nothing to do
with the letter of the Tth November. 1 have no doubt
there were 13 or 14 beechen present on the evening
of the 9th at the time of the disturbance. I don't
recollect that plaintiff asked on the 9th if I intended
to continue his examination from the point where it very
abruptly terminated the previous night. I think he mid
" There is something I wish to see in those letters." After
he had got the letters he said " There is something on which
I thought after I left I should like to make an enplane.
Moe," or he said it simultaneously with theseceiving the
letters. My version of what occurred ia strictly in ac-
oordanos with the shorthand-writer's note. The plaintiff
said some of the letters ought not to have been
produced. My belief is the plaintiff immediately raw up
when he got posseenioa of the book, and put himself in the
attitude I have described in my examination-in-chief. I
have no doubt some of the beechen stood up at the corn.
mencement of the scene. I can't say who. I don't be-
lieve the treasurer, Mr. Grimy Mr. nephews, or Mr. T.
Chambers roes up then. He defied and abased the beechen.
I won't say Sir F. Slade did not reply to him, " And from
what I have seen of you this.evening I believe you are."
I think it is probable he said something of the kind. I
think the plaintiff said to Sir F. Slade, " Who are yoa r—
not Sir F. Slade to him. Sir F. Simla might have said
so. This conversation was after the plaintiff had been
civilly asked to give up the book. I think Sir B. Phff-
limoret who was present, vent up near to the plaintiff
after the commencement of the disturbance, bat I don't re.

collect if Mr. Bovill did. He wads told he could not leave
the room until he heed given up the book. Several
heathen h►d urged him to give up the book in similar
terms. I did not see Mr. Bovill walk to she door. I don't
think he could have placed his back against the door, and
say the plaintiff should not leave without my seeing or
hearing him. I saw him go round the table and speak
to several of the bombers, as if in consultation what
should be done. I don't know if it was a bendier
who called in the porters. I have inquired, but
I have not been able to discover by whom Bye was
called in, and the other porter, Warren, accompanied him.
They seised the plaintiff. Bye asked foe the book. Plaintiff
said," Stand off," or " Din't touch ma" Plaintiff misdealing
at the time, and then he fell on the floor. The seizing the
plaintiff and his being on th• floor with his beck to the
chair was almost instantaneous. The plaintiff had
moved in the direction of the door when the porters
came in. 1 don't believe he intended to leave with the
book if he had not been interfered with. Whether Bye
knocked him down or pushed him down, immediately Bye
touched him he fell down. I have no doubt Bye used
violence, but he did not strike him. I could not see if
Bye was holding the plaintiff's legs with one hand and search-
ing for the book with the other. Very likely Bye might have
done so in the struggle. I think Warren was holding
his shoulders at the time. Warren has been mistaken
by the phiint.ff and one of the policemen as one of the
heathers. If Warren was not then in the room lam very
much mistaken. Mr. Reynolds, Sir W. Alexander, and Dr.
Phillinsore were near the plaintiff when the struggle took
place. Sir F. Slade was, I think, at the lower part of the
room near the door. He was within three or four feet of
the plaintiff's feet.
Mr. Chamber—Where was Mr. Bevil!

Mr. Rodwell—l wee going to thy he was everywhere.
(Laughter.) He was continually moving about, and at the
time of the straggle was speaking to Mr. Bagehawe. I
don't recollect any formal motion being made for calling in
the police. Mr. Bagahawe said something about the plain-
tiff being given into custody. Sir F. Slade addressed the
treasurer, saying, " I move that the treasurer insist on the
papers being given np." Mr. Begehawe said "If you will
give them up I will produce them." Plaintiff said he
would undertake to produce the letters and set them
out verbatim, and would proceed criminally and civilly
against Mr. Brown and myself. He said they had been
stolen. Bye, Hudson, Warren, and Mr. Whys were ca
the floor together. When the police came in Mr. Dakyv
wan endeavouring to take the book from him. To the beet of
my belief Sir F. Slade was between the plaintiff and the
door when the policemen came in. I never new Sir F.
Slade closer than three or four feet to the plaintiff. I hand
the plaintiff call upon the police to take notice of what els
going oe.the soon as the police came in there was • oeseatiou.
I don't know who gave the plaintiff into custody. I dal
believe he was formally given into custody. Mr. Baptism
end, " I charge him with having unlawful pouession of the
book, and I call upon the police to take notice of it." Hud-
son repeatedly asked who would take the responsibility of
giving him into custody. He challenged each of the
benchers to do so. He asked Mr. Bovill, Mr. Gross,
and Mr. Begshawe ; and afterwards he laid, "Is
there any one amongst you who will do itr'
in a most insolent and offensive manner. He said to me,
"I caution you ;" bat it was sot in reference to my giving
him into custody. It was possible that when the police
were taking him away some one said " We will have the
book." I don't recollect the words—" I am --- if
we won't have it." I won't say Sir F. Slade
did not use the words. if they =end said,
I should rather think they were, " Li-- it, have
it!" The benched had not clustered round the pinion!.
I heard something like the examinee above referred to in
the course of the evening. There was a certain amount d
confusion and excitement when the plaintiff was taken out,
but the plaintiff has greatly exaggerated it. I have not
interfered in the matter sines the 9th of July. After the
police had charge of the plaintiff I never saw any attempt
made to take the book.
Re-examitied—Mr. Brown said this book wan the only
record of the company that had come into his hands. llama
is was the only vestige of a mooed of the company he bad
ever seen. When he became solicitor. Mr. Seymour had
ceased to be a director and chairman. He became, he said,
solicitor to the company is 18:16, when it was in its
bond state. state. Colonel Tomas or Mr. Floatage was chairman
at the time.
Mr. Henry Massey, shorthand writer, produced his sous
of the 26th June and the Bth and 9th July. The book was
passed to the plaintiff. I can't say in what particular
manner the book was passed.
[The ease waspromoding when our report left.)
COURT OP BANKRUPTCY.
(Before Mr. Commissioner Goobers.)
DI II BASSETT.
Mr. Lloyd made an application on behalf of a creditor
under this old bankruptcy, for the return of 531., which he
had paid to the canal assignee as a debtor to the estate,
it now appearing that he had • setoff, sad well