The Express.
London, England, 1863-07-07 00:00:00

TELEGRAPHIC INTELLIGENCE.

(iIIITZII.S

FRANCE.

PAWS. JULT 6.

The Nation of this evening asserts that if the
proposal for a conference on the affairs of Poland
be accepted by Russia, M. Thouvenel will represent
'Promos, the Earl of Clarendon England, and Baron
Hubner Austria.

The Pays of this evening states th►t the concee-
sions obtained by M. Lambert in Madagascar have
been annulled by the Queen. _ . ..

' -
The same journal publishes an article, signed by
its editorial secretary, urging the necessity of per-
fect concord between the three Powers in all the
eventualities which may arise from the Polish
question.
A council of all the ministers, presided over by
the Emperor, has been held at Fontainebleau.
His Majesty will leave to-morrow direct for Vichy.
MARSEILLES, JULY 6.
Prince and Princess Napoleon have arrived here.

This was an action founded upon two libels, and the de-
fendant, in addition to "Not guilty," pleaded that the
alleged libels were true.
r. M. Chambers, Q.C. and Mr. Jose sppearecl for the
plaiotiff ; and Mr. Coleridge, Q.C., and Mr. Brandt fee the
dalsodazt.
Me. Chambers, in opening the came, said that the plaintiff
had been for some years a junior clerk to Vice-Chancellor
Wood, and the defendant was the incumbent of Stockmen,
near Newbury. The plaintiff had been in the habit of
attending the church of St. Rumbas, Pimlico, for some
years, and had become acquainted with Mrs. and
the Misses Hurry, one of whom was known as
Sister Pauline. In the year 1860 the plaintiff
was on • visit to the Harrys at Stockcross, and be there
became acquainted with Mr. Fowler, • fanner, and an in-
timacy sprung up between the two families, and they visited
one another. The plaintiff also became acquainted with the
defendant them. Mr. Fowler entrusted the plaintiff with
• rolt, which be was to purchase if be liked it ; but, to the
astonishment of the plaintiff, Mr. Fowler /00D lifterWlLlAMlld
him for 301., the prime of the colt ; and he also made a
further claim for board and lodging for the plaintiff and hie
family, when in truth they bad been staying with him as
guests. The Rev. Mr. Cleaver, an assistant clergyman at
St. Banshee, wrote to the defendant to attempt to settle
' the matter, and in answer the defendant wrote the first libel
complained of, which was in these terms :
" Stockcress Parsonage, March 17.
" Dear Sir,—l cannot, lam sorry to say, accede to your
request for the follow leg reasons. First. Because Mr. Fowler's
lawyer, Mr. Smale, whom I know to be an honourable man,
will, lam sure, be quite ready to compromise the matter
instead of carrying it into court, if Mr. Whiteley will make
fair overturn to him. Secondly. Because Mr. W hiteley'scou-
duct has been so bad that I should be sorry to have my
name in any way associated with him or his affairs. To give
you an outline of all the charges which I beer laid against
him would occupy more time than I have to spare this
morning, but I will mention two or three which I have
reason to believe are well found. Though only a lawyer's
clerk, he passed himself off for sometime in this parish as a
lawyer of considerable wealth, and talked largely about
his landed property in Kent. This enabled him to impose
upon the rustic simplicity of the Fowlers in • way
which be could not abstain° have done. Under
the impression that he was a gentleman of considerable
means they allowed him from time to time to make himself
an unbidden guest at their house, and to send his son to stay
with them fur the benefit of his health for • month or two.
They also sent him at his request poultry, &c., and weregiven to understand by him that fall compensation would
be made to them for all the trouble and expense to which
he had put them. But with the exception of a shawl sent
by Mrs. Whiteley to Mn. Fowler, they have reoeived no
payment whatever. Last of all, he bought a horse of Mr.
Fowler which is not yet paid for, and his attempts to evade
payment have been characterised by extreme meanness, if '
not downright dishonesty. There are unpleasant rumours
about his Wog immoral and intempersti,‘ but how
far they are true lam unable to say. R grieves me very
much to make these statements respecting • man
who evidently wishes to be considered • religious man
and a good churchman, but Insomuch as he has
said • great deal to my parishioners about his intimacy with
the clergy of St. Barnabas, I think it my duty to unmask
him to you, and I should be very thankful to be enabled to
tell some of my neighbours that his position at St. Banning
is not quite what he led them to suppose it to be, and espe-
cially that his official 000nexion with the English Church
Union had ceased."
The action brought by Mr. Fowler was referred to the
Arbitration of Mr. Buller, who awarded in favour of the pre-
not plaintiff, both in respect of the board and lodging, and
also the price of the horse ; but during the progress of the
suit Mrs. Hurry saw the defendant, who made another
charge anima the plaintiff, and afterwards wrote the follow-
ing letter, which was the second libel complained of :
"Steekcross Parsonage, May 6.
"My deer Mrs. Hurry,—Time will show whether
I have been misinformed or not respecting Mr.
Whiteley. A writ has been served on me, and
a public investigation must therefore take place.
If he states on oath in the witness-box what he has stated
to you, especially as to the charge of assault, he will moat
certainly be prosecuted for perjury, for there is not the
shadow of a doubt but that the complaint of the servant
girl is correct. She is a person of unblemished reputation,
and &communicant, and uo one can listen to her statement
as I have done without believing every word of it. As to
the story about the farmer's wife and the beer drinking at
10 o'clock on the Sunday morning, 1 do not attach much
importance to it. They are charges of a very minor con.
eideration. but the alleged assault is a very weighty accuma-
' lion. I am sorry that I shall not be able to call on you
again for )04110 time. Until the trial comes on I shall
hardly bo able to leave home, but if you have any inclina-
tion to ask for further information and details, my attorney,
Mr. Soule, 18, New Bridge-street, Blackfriars, will be
happy to see you. With our kind regards to Miss Hurry,
sister Pauline, and yourself."
By further and better particulan which had been delivered
it appeared that the defendant attributed to the plaintiff
druukenness, and also with having attempted the virtue of
' Mary Crook, a female servant of Mr. Fowler's. The learned
counsel, in concluding his statement, said that the only
' object of his client was to vindicate his character from the
aspersions which bad been cast upon it, but if the defendant
, still cootinued to adhere to what he bad said, it would then
he the duty of the jury to say what damages should be
' awarded to the plaintiff.
' Mr. Whiteley was called, and it appeared that he had
• for some years taken an active part in reference to church
. affairs, and had been assistant boo. secretary to the Church
Union ; and that he had also been on intimate teems with
the rev, defendant, and had lectured at Stockmen under
' his auspices. He was examined in detail as to the state-
. meuts i... the libel, and the effect of his evidence was that
a there was no truth in them.
. The Rev. Mr. Cleaver, Mrs. and the Mines Hurry, and
, the Hon. the Rev. Mr. Liddell, of St. Barnabas Church,
, were examioed in support of the plaintiff's case.
' Mr. Coleridge submitted that the facts stated by the wit-
! nesse. showed that the alleged libels were privileged cons-
, munications
, The Lord Chief Justice said he would take a note of the
I point, and if the conrt should think that he ought to have
reserved leave, then it should be considered that leave was
' reserved.
Mr. Coleridge then addressed the jury for the defence,
contending that his client had acted without any improper
feeling. He had heard the circumstances stated in the
THE AMATEUR EMBASSY OF MR. ROEBUCK.— alleged libels, but he had said nothing about them until the
The Tempo of yesterday says :—" The astonishing indis• Rev. Mr. Cleaver communicated with him, asking
him to act as Mr. Fowler's friend to settle the action against
cretion of Mr. Roebuck respecting his interview with the the plaintiff. The defendant declined to interfere, sod it
Emperor of the French has led to a note which appears I was only in reply to another urgent letter from the Rev.
this morning in the Moniker, and which is much more in Mr. Cleaver, that the defendant ass induced to say whet he
conformity with the declarations of the English ministers . had heard of the plaintiff. The learned counsel complained
than with the pretended revelations of Mr. Roe- lof the conduct of Shot:tee. llr. Cleaver, who, having first in-
voked the defendact by appeals to sacred subjects to
buck. It is obvious that Mr. Roebuck has in every way interfere, afterwards handed over the letter, sent to
compromised the cause be wished to serve." him in confidence, to the plaintiff, so that be might
Ls SECRET DE MISS AURORE.—The dramatic frame • count for libel upon it. The letter to
Mrs. Hurry, which was declared on as the second libel,
version of Aurora Floyd, which has been for some time
• was also written in the honest belief that it stated the
preparing in Paris, was produced on Friday last at the truth, and also in answer to a letter from Mrs. Hurry,
Theatre du Chatelet. The ghosts imported into the drama . whom the defendant had knows for some time.
from the Polytechnic appear to have met with every sue- : The Rev. John Adams, the defendant, said that before
tees. The piece, however, is not spoken of very warmly by Enter, 1861, and afterwards, there were rumours that the
pleiutiff used to driok a geed deal of strong beer before
the Parisian critics. The plot (says M. Louis Ulbach) going to church ou Sunday morninga, and also that he had
may be new to England, bat it is thoroughly well known got WA:nested at Newbury. Mr. Fowler also told witness
in Fraeoe. Complaint is also made that the ghosts, in that the plaintiff's moral character was very bad. He said
merely terrifying the Softy into a confession of his crime— he had many times seen him drunk, and that he was too
and this is the only mission with which they have been food of the women. Witness did not think it then hie
busio to in uire into the matter ; bat he was perfectly
! charged by the French druaatista—do not turn their ■@taper satisfied that q what Fowler said was true, and that the
natural terrors to good account. Csgliostro's life, it is plaintiff hod been deceiving them all. Witness received at
suggested, affords • theme in the development of which least three or four letters from Mrs. and Miss Hurry ahout
i they might be employed with far more advantage. the plaintiff, and two or three letters also from the Rev.
Mr. Cleaver. Mary Crook told him that ou a Sunday
1 CRYSTAL PALACE.--ONE SHILLING DAY.—MON. eve
she was told to take something upstairs, and
DAY, JULY B.—Admissions on payment, 6,512; ditto by that as she was leaving the room the plaintiff laid
seseno tickets, 1,013 ; total, 7,525 hold of her, kissed her several times, threw her on the bed,
[Advertisement.]— HOLIMWAVB PILLS. MA- fell upon her, and tried to do that which he ought not to
niusalmer OF Shim —The complex composition and the dell- do. Mr. Fowler saw her soon afterwards crying, and asked
iL,T,,').4uocetth° functions of gebih,:dmit: b6dludar'nedegTateore IL!: her what the plaintiff bed been doing to her. She told him,
iuses moat deelll'hieuhfect can be accomplished bra" judicious and he said, ' Well, say nothing about it, for he is going
use of these purifying pills, which have the power also et es,g,s. to leave to-morrow and he shall never come into my house
lacing the stomach, ever, and bowels. These pills act as alters- again. If you tell your mistress she will tell Mrs. Whiteley,
tives, testes, and Wagering' : they overcome flatulence, and then there well be a shindy." Witness believed whet
1
loud appetite. biltonaseas, constipation, and many other In. Mary Crook told him.
conveniences, which should never be neglected for fear of worse
results. Hays Ma nevus an othermedicitles tor allevia-
ting indigeetion . hawthorn, sick h. nisch*, nervousness. and low
spirits. which detract so largely Root flee happiness of thousands Mrs. Fowler said that the plaintiff told her that he was
mere than a barrister, that he had a bench, and lawyers
from all parte came relied him, and he hood their causes
who bare never tried thee/elan.. and pie his opinion before they were carried into court.

RESIGNATION OF THE MARQUIS
WIELOPOLSKL
LEMBERG, JULY 6.
The Marquis Wielopoleki is stated to have given
in his resignation. He will take his departure for
abroad.

THE POLISH INSURRECTION.
Cht.&ooW, Jin.y 6.
Another body of Galician insurgents, numbering
500, crossed over into Poland yesterday.

TI7RIN, JULY 6.

TURIN, Jin.y 6.

LTWOPENC:

Il4,o(filter) Sometimes when the plaintiff came back from
Newbury he was very "many," as though be had been
drinking. He was singing, and calling out ao that he made
the place appear like a tap-room. He said he had a farm in
Kent which he wanted Mr. Fowler to take. He seemed very
much excited. also, on one occasion when fishing, and spin
when he was with witness at Newbury. In going bonus he
behaved not quite right towards her, and she said that as
she was a married woman she hoped he would desist. The
witness also spoke to other instances on which, according to
her, the plaintiff drank more than be should have done.
The further hearing of the'case was adjourned until fail
(Tuesday) miming.

COURT OF BANKRUPTCY.—Juix 6.
(Before Mr. Commissioner Fans.)
EN RE COLONEL WAtOIL— AXPLKATION FOR RELEASE 711011
CUSTODY.
Mr. Sargood stated that an arporatsaaaa had bee. wade
for Colonel Waugh ►o come up from prison on Thursday
morning to surreoder under his bankruptcy, leave for him
to do so having bees already granted by Mr. Commissioner
Goulbans. It was now asked that his application for re-
lease from custody might be heard at the same time.
The Commissioner—l suppose that will occupy an day?
Mr. Sargood—Oh dear no ; I should think not a minute.
We have DO reason to believe that there will be say oppa.
adios.
The appointment was made for Thursday accordingly.