The Express.
London, England, 1855-01-22 00:00:00

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&AID lifitelltafritt.

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COUltr OF WAIFS% BENCH.—JAIt. 20.
assume IX 5h.00.-101111111 1011/ GINIIIILL. MIS IVErICSS OZoLz.
11008 IFINITINAII LIM 1•01101010.

701 • '

?1 OUIJA V COOLIZT.--OSIXIX
LIBIL.

------
Sir F. Tliesiger said he was instructed te move on behalf
oft widow lady, Mrs. Alice Payne, mills; at Chippng
thinks, Oloucestenbin, f3f a rule stEEK es John &les-
Whir Cooksey, a medical ge
te ntians*, ksti at Ike sow
sheer sagas why a centaur.' Wieleelies He libel
set be filed against him. Hw tbenght eh* lewelahips
=led rims all the cirestastivoces were disitmed he woe
set gee et the slightest exameratjaa whoa he saw that
Ibeessiset of Mr. Cookery had rarely beet exeseded. Mn.
Mtn hell bees MR a widow ;A 1842 at 4lbsoadi aria 26.
bei as
me sad
demesne, now illsoa years of
MS_ She lei _in Chipping CeComesComesmess the
treefib ket rneeSeeeil of as ample for
bobs swat werealahty connected, she wee ebbed by
thethe
lisalss is ffies atighbonehood. Ton a ler hean
Were Owl kat bean careens eftho Rev. Mr. Ken-
effi Clipping Camideat. At He time, how-
ever, when the eigenselless• M sottish he should have to
draw the atatatisa eldwir lordship essarrei,l Mr. Kenna-
way was eheest, wed the Rev. Mr. Edge °Heisted for him.
lin. Payne bad bees for some time is a bid state of health,
and had boom Wended by a most eminent man, Dr. Thomp-
pm, of Stredbeimpea, Avon, whose plastics extended tato
Glossestershire. Dr. Thompson being &boat to leave Strut-
fordospon.Avon, wrote to Mrs. Payne, recommending bet
to. yiply to some medical man in her immediate neighbour-
beW, as she might requite more frequent medical and sur-
ging advise. There were Daly two medical men at Chip-
Camels*, Mr, Hiram and Mr. Cooksey. Mr. Hiram was,
however, ll at the time, and had since died, and Feb therefore
Wfs. Payne called in Mr. Cooksay. On the 4th of reary,
1864, Mr. Gadgety performed • slight operatio on Mrs.
Payne, the operation only lasting half an hourn . During
that visit and his subsequeet visits, fortunately for Mrs.
Payne, her maid, named Resell, was always preeent. Mr.
Cookay oar that occasion wrote to Dr. Thompson, describiag
les. Payee's state of health, and he also wrote to her
'nether, Mr. Henry Millikin, stating that there was no
ground for uneasiness, and that in a few days a great im-
provement would take place. Mr. Cockney continued in
attendance on Mn. Payne, and on the 12th of Febirearyd
he
had • oonsultatioa with Dr. Thompson, when he repeate
the statements which he bad made is his letter of
the 4th. On the 21st, Mrs. being ill, was anzious
that Dr. Thompson should be consulted. That, however,
was declined by Mr. Cookeey, who recommended that Mr.
Carden, a surgeon of Worcester, should be called in. That
gentleman was called in, and he saw Mrs Payne for • few
innate', when he left. Mrs. Payne subsequently lest
Chipping Camden, having paid Mr. Cookery between 801.
and 701., and tinted Malvern and other places. She re-
turned to Chipping Camden on the 24th of September, and
on the 27th her brother, Mr. Millikin, received a letter
from Mr. Edge, the gentlemen who was performing the
duties of the parish, marked " private and eocifidential."
The writer stated that he wrote under the most painful en-
cumstiones—that remota& affecting the moral character of
a lady who was nearly connected with Mr. Millikin, and
who had I itely returned to the place, were afloat—that he
had made inquiries of the most respectable inhabitants
and communicants, who stated, that whether the
rumours were true et net they were believed to
be true ; and that. under these cirsamstrusess, he
could neither permit his wife to return the lady's sell mar
could he admioister to her the holy commisaisa gill her
innocence was proved. To that Mr. Millikin replied that
he was astonished, grieved, and indignant at the infamies,
ies)nsatioas to which Mr. Edge he& listened, and whisk he
leant:m(l as a false, wanton, and cruel sandal. Farther
letters pas ed between Mr. Edge and Ms. Wanda, with
which be seed not trouble their lordship'. Os the 19th of
September Mr. Edge wrote to Mrs. Payee
her to defer partaking of the holy communioarrtriljoalM
of the unpleasant rumours that were afloat, which her elder
brother believed to be false, as he most sincerely
hoped they were. To that letter
uest to Pane re-
plied as follows: " Rev. Sir, knowreq the
precise rumours you blot at in your letter, and
the name. of your informants." Mr. Edge on this wrote
that he would communicate the information to her brother
or say friend deputed by her, but that he declined to make
the 'tit sent in writing. Mrs. Payee not being aware that
Mr. Cookson was likely to have circulated such rumour,,
and meaning him as her friend, sent for him, told him that
namoun effecting her were in circulation, and impressed
her eateries teat such should be the case. Mr. Ceolney
mind if there was any dinarned servant who could have
circulated them, and she replied in the negative. He then
asked if Russell, her maid, tould have done 10, and she re-
plied, t• Certainly not," and then asked if Mr. Carden
could have done so, to which he replied, " Certainly not."
Mrs. Payee then told Mr. Cooksey that she had com-
municated with Mr. Edge, but he had refried to
give up the na'nes of the parties, and he recent-
seeded that her brother should write to demand the
names, and if they were refused, that there should
be an end of the investigatioa. He then wrote in pencil a
letter for her brother to copy. In reply to that letter, on,
the 3rd of October, Mr. Edge wrote to Mr. Iddlikin a letter,
is which he alluded more specifically to the charges ageism
Mrs. Payne. He denied in the most explicit manner having
ever intended to make, or having ever made any charges
against her—that he had not repudiated her from the holy
communion, bu• had entreated absonence for a time for
her own sake. He then went on to stato that he bad been
ant asked by a gentleman "if Mrs. Payne's late illness was
the result of a min • ge, and it she WAS still intimate
with a certain gentlemen at Chipping Camden ?" He was
eo astmiehed at this question that he had asked Mr. Doddrell
(as we understood) if he bad hosed anything, when be reluc-
tantly admitted that there bad been a good deal of sandal
about her for years. On her return to Chipping Camden,
continued) the writer, be had thought it his duty to make
inquiries of three eanimanicants, when he was informed that
• gentleman had been seen by some one in the employ of a
pence is the town to enter Mrs. Payne's bedroom window
in former years, and even so lately as August, 1863, and
that her maid knew it was true. It was also stated to him
that a person had been beard to apply a most opprobrious
epithet to Mr.. Payne, in connexion with a party described
as " H. 0.," adding, " Kennaway knows it, and is afraid
to tendert." The rev. gentleman concluded his letter by
stating that if these rumours were proved to be false,
he would labour night and day until Mrs. Payne
was restored to her proper position. Their lordships
would perceive that in the letter to which be had refened
allusion was made to "H. 0." That meant William
Ileckliffe Griffiths, a young man, the eon of • neptetable soli-
citor, at Canterbury. It was one of the painful [satires n
this case, that both Mrs. Payne and Mr. Griffiths wets tom-
Felled to make affidavits, and they most solemnly denied
the bulk of the accusation, and as to the charge of his having
bees seen getting in at her bedroom window, the facts were
simply these. About three yean before Mr. Griffiths was
going home from a ball with some friends, about 7 o'clock
in the morning, and a window in Mrs. Payne's house being
open, Mr. Otitis ths, by way of • frolic, got in at the window
—the as servant's bedroom was close by—and Mts.
Payne bad never heard of the circnmstanee
until September, when these charges were made. The
parties who had been alluded to es the authority foe
these statements had denied having made them. Sono-
queen; Mr. Edge wrote to Mr. Minnie' suggesting that is
justice to his sister he should proms the evidence of the
medical gentlemen who bad attended her. Mr.
aceordinely wrote to Mr. Ceekesporhe nailed the sons even-
ing on Mrs. Payne, and reeommesded that • wetlands
should be asked from Dr. Thompson. He even wrote is
pencil the note which she copied. The learned counsel this
read the note, in which bin. Payne requested Dr.
te-
en's certificate with the view, in addition to Mr.t.l Mint
which she had of refuting the false and eeuislsaa
rumour in Winne& to her late illness, and the reply of
that gentleman addrereed to her brother, in which he
attributed her terrible illness to an brlonal dis-
ease, and designated the report abaft Mrs.
Payne's moral chUILOUT as Meg end sell metres.
It .appotred that the party who bad anwaraimited with
Mr. Edge professed himself to be wet soak* sada* with
the certificate whist' Me. Coote;olleit given. Mn. Payees
still believing kiwi he be bee seat toe him es the left
of October. Mr. tisokey soma owe day. Ha woo*
not trust to his nadlaellwa of the foie. be mat mod ben
the '®davits, whi* Morissed endue oa the part of Mr.
Corrine, of the Met madams sad Mild linignplga.
The learned comma lbw read this parties al N. leigNife
affidavit. It set forth that Mr. Cookery had aamsasse
by saying, "Now, Mn. Payne, you my it is seeeriere, tr
you to have this certificate." She replied, "It in the way
thin necessary." He then said, "If that be the
case, you cannot do without me," and bolting
up the paper, added. "Then is the certificate.'
She read it ; it was as followe:—" I hereby certify that I
have atteaded Mrs. Payne during a less sad serWus ill-
ness, and that It was in no way masa by potellsm." He
then said—;; New, Mr.. Payees, pea elltifetain in]
power; you shall have it if yen WINO mime; it bees
a struggle with me for years, bon being so near you in
your illness." She asked *at what he moat, aad whoa
she fully understood the tame es which she was to obtain
the certificate, she ladies's* Lemasissed, "No n ! the
certificate may go !" and dares the bell, directed her
servant Russell to show Mr. Nelms, the door. Oa Leaving
he said —" T hint' over my ptopeeliles, sled you may have it,
and she exclaimed—es was seises lily her servant, through
of this she had Woolf se teeellestles—" Oh what a
wretch !" She hmamodialsily sammeiselee what had
see-
cowed to her serest, bat sho did mit bairn her brother
et it. Mr. Edge, in reply to a latter from Ma. Pares's
heather, wrote that he was " winisterially iallidad" that
the =moan reepastiag her was fan%
_hat sappalad that
lieninether oedema lama hod hem aDsti is al a rams*
*We he should give a osraisatis many eaddrAwy with
was of De. Ibssaysen. Oa the ll* al Noveatia Mr.
Calm woes to Mrs. Pam. dtairblikas he
hid revise* =ye -felled, hot brit ardwo bad
bees desire . bre brother
wee" = she gramsed kis panamisa
mil. Hoy am bashes arrived in timma she
sot for XL Geifilthe. He Mlldterrwhom sibs
had reran* semsealad ea Ow of webs Ms.
Omimay. That rambaiam Is be Moo at the
dr. but *sum. lb. 1/111111a Gallas, Ms trim
be had Nerseeee* Glebe. end wash Mak rspri's
house bet was net in the non bar lataiiew wilb
Mr. fiisheey. Oa that sari= Mr. demaadali le
have dans* up: to him ids sallemes the MOOS.
bow, the latter sr Dr. Thew" awl a Warr waft W

gr. Yenciawa, the Vie ti, espre ssi.,,chis bolo of the otter
000411411 IIL•111y M the clivorge. an. royal' refused to O
them ne
op: os which be veld, "If you de sot glee
them op, I shall make • statement I have already
made to Henneway sad your blether." She said,
"What did you state t" tie replied, toes re
have bad a asisemelate " She said, " How meld yea
state se fele aad, se cruel a thing to • blether ?" Hethea
mid that seism she would deliver up the domumate he
would make as affidavit to the mum effect before a naele-
trate. W.s. Payee said, "It impossible you could do
that." He said, " I both can sad will I" She replied,
" After the shameful propositioe you made cots you are
capable of anything. I ppose inn will deny kering made
melt • propeeitioa"—to whisk Mr. Cooksey replied, "Yes.
bat now alibis% has turned to revenge ;" and, stabs the
shimmer piece, be said be would not leave
Payne with
e,out the do-
euments. However, andilig rs. resolut
he left, sad on the same night wrote to her
this letter : " The three letters mast be in my
band before to o'clock to-night. or I will make
the affidavit I mentioned to you." It wee tree he '
had, as he had said, made the statement to Mr. /Limaaway
in • letter of the 27th of November, whirl Mabithei the
odious falsehood. Oa the 4th of December he wrote sobs
to Mr. Kennaway, stating that Mrs. Payne bad relics to
deliver up the letters, and that he bad made a NM= tle.'
oluation of the fact in the presence of Mr. Edge. 111 sp•
peered that in addition to this he had made • d St
oath before a nagistnte.
Lord Campbell—Was there say stitement of the pow
pose for which he professed to do this ?
Sir F. Thesiger was not aware that there was. Applies•
tion for • copy of the affidavit was made to Mr. Siblett,
the magistrate, who referred the parties to Mr. Cooksey,
and Mr. Cooksey havinadeclined to give up the declaration,
Mr. &bleb declined to give up the declaration which had
been left with him. The letter of Mr. Cookie, stated that
he would print and circulate the declaration which he wee
to make. They had no proof that he had done this, but it
had been shown to Mr. Edge end other persons, all of
whom bad been applied to and had declined to make an
affidavit of the fact.
Lord Campbell—The specific effete, charted, ea the
ground of a criminal information, is that Mr. C
published charges reflecting on the moral character eafi=
WY.
Sir F. Theeiger replied that was so ; and he was prepared
to show that the charges were most false and seasitehese
libels on a lady of the highest respectability, end whirler
visited by • the family of Lord thumbs and other high
families in the neighbourhood.
Lord Campbell—You are entitled to • rule to show Mem
Rule accordingly.

BAIL COURT.-lAN. 20.
minis. AT VIII Pilol.-1111701111 MIL smut &OLE AND al
7011.111.

IX6IIIIII'S

MUD L CILOBBLIT AND ANC
CLAIN.

-----
This was an action brought to recover the sum of 251.
alleged by the plaintiff to be due to him for work and
labour. The defendants pleaded never indebted end pay-

men%
Mr. Manisty appeared for the plaintiff; and Mr. Serjeantl
Wilkins and Mr. Addison for the defendant.
It appeased that the plaintiff was a civil engineer, and
the defendants were the prosecutors in a mandamus which
had been brought in 1851 against the Lancashire and York-
shire Railway Company, to compel them to complete •
branch line from Leland to Huddenfleld. The plaintiff had
given his opinion on the case, and had come up free Birk-
enhead to London to get up the evidence in the case, and
bad been examined as a witaess at the trial, in which the
verdict was fir the prosecutors. For this he had charged
61.6•. a day, inclusive of his emission
The defence was that the plaintiff was only entitled to
80.. • day, as there was another ease which had been tried
at the same time against the same company, to compel them
to make another branch from Halifax to Leeds, and it wee
contended that he would only be entitled to 31. 3s. • day
for the two cases. Ile had been paid 61. 61. • day in the'
other cease, so it was submitted that he had been overpeld. '
His lordship said that in his opinion the rule was only
to prevent parties giving large sums, such as 601. a day, to
witnesses, and then charging that upon the defeated party.
He thought the verdict had better be entered for the plain-
tiff, with leave to the defeadants to move for • nonsuit
or a new trial. •
This was socordiegly agreed to.
WHITS V. 000D1V3,--11LANDIR.
This was an action for slander, the defendant having
accused the plaintiff's son of stealing a half-sovereign. The
defendant denied having done so.
Mr. Knowles sad Mr. Levy appeared for the plaintiff,
and Mr. fierieent Wilkins for the defendant.
It appeared that the plaintiff was an innkeeper at Kings-
land, and the defendant was a grocer carrying on business
at the same place. On the tad of June of last year the
plaintiff sent out his little girl to get change, and she went
to the defendant's shop to get it, loot he was unable to give
ft. During the evening the defendant sent his errand boy tolls*
1 plaintiff's house desiring to see his son, a boy of about eleven
years of age, but as he was just going to bed, his father re-
fused to allow him to go. The defendant then came Ms.
self, and said that the boy had come for change to his shop
timidity, and that the detendant had gone into the parlour
II Se see he had it, and had left • half sovereige
Me en winter, which, when he returned, he found
Imee rem The plaintiff denied that he had sent his
seig eat that day for change at all. The fairs-
iseg Monday the defendant repeated the charge, sad em
the Tuesday told the plaintiff that his son had toles dee
half eoversi
to gn—and that the plaintiff had received tt,
knowing it have been stolen, and that that was the way
he lived.
A letter had been sent by the plaintiff's attorney do-,
mending an apology, which had not been noticed.
Evidence was culled to support the plaintiff's case.
Mr. Serjeant Wilkins addressed the jury on behalf of the
defendant, in mitigation of damages.
His lordship left it to the jury to say to what damages the
plaintiff was eatitled.
The jury found • verdict for the plaintiff—damages, 201.

_ 20.
mutes Al BANIIO.-11170111 LORD =lt/ same arm Les
PAW, ALBUMS. USD MARTIN.
DI
Pa V. RABDIIIO.-11111ACEL OP CONT/LACT.
Mt. C. Pollock appeared for the plaintiff, and Mr. Mog-
en* reprearsted the defendant.
This was an action to recover damages for an alleged
beer& el etastract, whereby the defendant employed the
*hall* sill tickets for him to persons who were to view
the funeral procession of the late Duke of Wellington from
seats erected over the Colonnade of her Majesty's Theatre.
la a former action the plaintiff had sued upon money counts
wily, and upon the trial before Mr. Baron Alderson the
jury gath • verdict for the plaintiff. Ands for a new trial
nes subsequently obtained upon the ground that the decla-
re** ought to have embraced a special count. Another
motion was therefore brought, with • declaration drawn
accordingly. This trial took place before Mr. Baron Martin,
when it appeared that the plaintiff had been employed, as
ha alleged, by the defendant, and that after he bad devoted
mesh time in making arrangements for the sale of tickets in
this esentry and abroad, he discovered that the defeadaat
had opened another office, and the result was much eon-
holes had arisen, in consequence of both parties leaving
=of the sone three seats. Upon this discovery, the
d t sent to the plaintiff, devilling that he would not
sell any more tickets until he had son him. The result
was that the plaintiff desisted from selling any more tickets,
and from that hour he divested all the applicants to the de-
fendant's new office. This fleillsiing had led to this result :
that although the plaint& bed mode all the arrangeseuts
for the sale of the tickets, lid had givens reel deal of tine
and had spent a considerable ens of nosey ha Munising
sad other matters, with the Wow sf eiffisatmally =Wog sit
the object the defendant bed below, be had net dimity
sold a single ticket. when, therefon the partite use to
mange sateen the Monist that the
vessel entitled to any seeliskoles, inennuel as =ire
had set directly said neigh tieltet. It wee thes nerd by
to: Calif that the nesego be hod reeelved ices the de-
was a roseindieg of the costrest he ebbe the
dohniset was liable ; but the bionsed MO held
thee thas was mot sellelent adieus of a Wen" and
Elseelni • nensult, at the IMO time sallies upes the jury
b deg whet amount of sionnuention they thought the
lees entitled to, feeksfabo out above to hold
ieithawenMOMManhit* The Modest had paid
aemUM kW out to ewer any noway the plaintiff
might Imes upended, and the jury awned the da at
101 • itenuit was then estired, and leave giv sages
plaintiff* move to enter a sadist for that amount.
The rule to enter the saheb now ease on for argument,
and, al sr eassidetsble dloweesiesi.
The Court suggested that is order to put an end to any
further litigation between the puties, a stet proems.
amid be entered, and a sus of 121. being paid to the
plaintiff,
A soot procuras was the, entered, and each party will
have to pay his own costs.

COURT OF

COURT OF CRIMINAL APPEAL—hx. 20.
Immo Is mom cam 11111OOTIO UFO= MAD samar., as
FOMOOISLINIDOOOI3. FrOFIORCIONSINOLL, ZS. LOOM MOT. &ND
=p taller MOM SWAM&
S. 01311111.—LWILL1T1 OF 0•11211311.
Ms. Juslise Woad" in delivering jedanent is tag
ass. etii Me pabesse w.s earner between IMMIOISOI sad
Blebs sa4 as =saved te easy gam tbe slew
sewn to the mosieleseees t War amiss ea kesissee
at Stoke. Kassfes mei. of the imam et Imaites.
tbs primer Mead is tbe gene. of *see Mk be vas
aim atablieli saplorsest for. Tho meas. Mish
seen see Maim as passim vu to b. e.eeYwei In tbs
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the isilelmest. TM wet Were *eft of *elm Mt Genii
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besselha dear
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sir. el the umehatittn, sea *ay mai mt seder am
diessielsseie MIMI liable far bis seallame. Uwe sae
balsa beadle le this sue, tberehei lbs abate aid sol
mum Into egersties. He was is track seeing NM Mr
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smig kr taw parse of sarryiag wain Imam the
MVO- ONIFO• esd as such be was a an. babe l
tba seeds
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to a: brash of Sat; Wake* tho avalides ma be
ravened.
' Omaha= reamed aiteatiagly.