The Express.
London, England, 1864-12-08 00:00:00

COURT OF QUEEN'S BENCH.—DEc. 7.

After Term Sittiap at NM Prins at Weatminstar.—(Before
Lord Chief Judos Cooktnum and a Common Jary.)
110081 r. MORILI.S.

This was an actiooorsiaaileraitrsaianlt.
Mr. Bidder was counsel for the plaintiff ; Mr. Digby Sey-
mour, Q.C., was counsel for the defendant.
This was an tulles of slander and assault, to which an
undue importance was given in consequence of the defendant
being a parish officer, and the " local parliament," as the
vestry was described, having taken the matter up in a party
spirit. The plaintiff and defendant are tradesman in Beth-
nal-green, the former being a tallow chandler, cheese and
Letterman, having one shop in Bethnal-green road and
' another in White-street ; and the latter is a newmender,
carrying on business in Bethnal-green-raid also, bolding the
office of inspector of lamps, and having charge of the parish
fire engine. The plaintiff's case was that on Saturday even-
ing, the 15th October, the defendant rushed into the
shop in Bethnal-green-road, which was managed by the
plaintiff's daughter, went behind the counter, and
seized a quantity of halfpenny miscellanies, Family
Heralds, and London .7aurria4, which he said had been
stolen from him. The plaintiff was sent for, and
when he cams he maw the defendant, who was
very excited, seized him by the necktie, tore his collar, and
nearly strangled him, and charged him with buying stolen
property, encouraging young thieves, and that he could
prove that waste pa , which the defendant claimed as hi%
and had been purchwd just before by the daughter, had
been that evening stolen from him. He was unable to re-
lease himself from the defendant's grip, and his daughter
had to slap his face five or six times before he relinquished
hie bold. Defendant afterwards went to the father s shop
in Bethnal-grime-med, where be abused him, collected a
crowd in freest of the shop, and charged him with
knowingly purchasing stolen property. In cross-ex-
amination it appeared that most of the publications,
which weighed over three pounds, and were pur-
chased for threepence halfpenny, were meat, and of
the same date as the day on which they were purchased.
The Lord Chief Justice, before the cline of the ease, said he
considered it was one which might very well be disposed
of by making it • drawn battle. The plaintiff's daughter had
actedvsey indiscreetly in porches* them:thinner:en, and the
defendant, who was probably excited, had said that which
he did not recollect. If, therefore, be would say that if he
had used the expressions attributed to him be had no in-
tention of charging the plaintiff with purchasing stolen pro-
perty, and being the eocourager of thieves, a juror might
be withdrawn. The defendant's counsel was reedy to &c-
-oeds to it, but as the plaintiff's counsel appeared to construe
it into an apology, the defendant declined to accede to the
suggestion, on the ground that it might be misconstrued
and used against him in the vestry. The defence was
that defendant was robbed of upwards of 200
of these periodicals, and amongst the lot he found
at the shop there were two he oould positively sweet
to. So far from rushing into the shop in the manner de.
scribed, he politely asked the daughter if she bad purchased
any periodicals lately, and she replied. " Yea ; there they
are, you eau go and look at them." He did not go behind
the counter ; he examined them, and found they were all
uncut, and they were worth to him at least be. or di. All
he said was that they were his property, and he must have
them. The defendant denied most positively the plaintiff's
account of what occurred, and charged the latter with being
violent towards him, and amulting him. He said the plain-
tiff was very abusive to hint, sad threatened to have his
coat off his back. He was obliged to seize the plaintiff by
the collar to release his hold on hie (defendant's) throat.
He denied using the words of the slander attributed to him.
He *Jeer wardeereo tto the plaintiff's shop to remonstrate
with him, when the plaintiff again become excited, pulled
off his coat, and offered to fight him ; be thrust his beard
into his face, upon which the defendant told him to go in
doors and shave his nasty dirty baud --(laughter)—addiur
that he gave short weight, and he could prove it.
The defendant was called, and in the course of his exami-
nation be said plaintiff said " be bought books of any one,"
and his father replied, " Than you encourage young
thieves."

The evidence was very cooflicting, and
The Lord Chief Justice in summing up said it was tl be
repotted such • mew h•d been brought into this court,
because it was man fitted for the aren► of • police court.
Tliglittiz retaraod • verdict for the plaintiff —damages
coe