The Express.
London, England, 1862-12-23 00:00:00

LAW INTELLIGENCE
(THIS DAY.)

COURT OF QUERN'S WENCH.
Attar taro Sittings at Nisi Prins at GuildbalL —(Bsfors
Lord Chief Jamie. Cockburn and a Spacial Jury.)

110DtiON V. Vii V. MUD; BAIT., AND 0111=6.—AlIBAULT.
The further hearing of this can was resumed this morn-
log.
Mr. M. Chambers, Q.C., Mr. Collier, Q.C., and Mr. R.
Lloyd, were counsel for the plaintiff ; Mr. Serjeant Shoe,
Mr. Serjeant Pigott, and Mr. Field, were counsel for the
defendants.

Mr. M. Smith, Q.C., the present treasurer of the Middle
Temple, and M.P., deposed that he was present on the
evening of the ftth July. The book weekended to plaintiff in
the ordinary becoming way. He had not seen Mr. Hudson
before, and there was nothing in the handing of the book
that attracted witness's attention. The plan:Aid'. conduct
was very violent. The benches and Mr. Seymour expostu-
lated with him, and requested him to give up the book. He
gave very offensive answers and declined to do so. He
never heard anything MUM offensive than his
conduct towards Sir F. Slade. When Bye came
in the plaintiff was told by the treasurer that the
book would be taken from him if he did not give
it up. The treasurer directed Bye to take the book from
him. Witness then detailed what took place according
to hi■ recollection, which was in the main the same as the
other witnesses for the defence. He said nothing, and did
nothing but attentively watch the proceedings. No
bencher touched the plaintiff.
Cross-examined by Mr. Chambers—The heathers did not
cluster round the plaintiff. There might have been two or
three between the treasurer and the plaintiff. He heard
Mr. Bagehawe say he would give the plaintiff into custody,
or words to that effect, but it was before the police came in.
Plaintiff was not immediately after taken away by the police.
Mr. Rodwsll used the word stealing at an early stage of the
proceedings. It was after the police bad left that Mr. Hag-
shawe said he would go to the police-station. He did not
recollect the plaintiff saying, " You know a policeman can-
not interfere and take the book front me." It was probable
that Mr. Bags/ewe said, " Then I charge you with illegally
detaining the book."

By the Lord Chief Justice—After the plaintiff was about
to leave with the police, there was Do further attempt made
to take away the book. He was quite clear of that. He
hadnoconception, until Mr. &rill stated yesterday, how the
police got ioto the room.

Mr. H. 11. Begsh►we,Q.C. and beocher, deposed—He took
no active part in the examination. When the plaintiff asked
for the books, witness handed them to Mr. Rodwell, that
gentleman handed them to the treasurer, and he handed
them to the plaintiff. When the plaintiff refused to give
up the book, and had challenged various benchers to take
charge of him, wither said he charged him that he, as se-
nior manager, had seen the book handed to him for a
particular purpose, acd his determination to keep them, and
the charge he made agoiost the plaintiff was for taking pos-
session of them and keeping them unl►wfully. He used the
words with deliberation, and after considering the course it
was his duty to take, and with the deliberate intention so
to confine the charge. He thought that before he used the
words Mr. Bovill and the Common 3erjeent had spoken to
him about the strange transaction. In consequence
of wh►t passed between theca he framed his ex-
pression. He took no part in the struggle that
took place to regain possession of the book.
He did not lean over the plaintiff and shake has fist ill his
face. He was not on the side of the table where Mr.
Hudson was during the whole affair. He could positively
say that no bomber touched the plaintiff. When the police
came in the conflict was going on. Bye and Warren were
struggling with Hudson when the police came in. To his
surprise the police came in. They took Bye and Warren
off the plaintiff and the conflict ceased. The conflict was
not renewed after that. It lasted about three' or four
minutes. It was not so exciting as described by Mr. Bovill.
Mr. Serjeant Pigott-4 dare say he wee excited that day.

Witness continued—The police asked what it was about,
and he said the book had been improperly taken possession
of by the plaintiff, and that he begged to draw their atten-
tion to that fact. One of them said, "We can take no
notice of that here ; if anything is to be done about it, it
must be done ►t the station•housse." The plaintiff said, " I
give Bye, the porter, in charge for an assault, and you will
be an important witness in identifying him." The whole
matter thus rested upon what he considered consett sad
arrangement.

Mr. Chambers objected. What was done'
Witness continued.—He said, "Then as senior manager,
I will go to the station." He left the room to go to the sta-
tion whilst the plaintiff and the others were in the room.
The cab with the plaintiff arrived at the police•atation before
witness, and he found the plaintiff in what was
called the dock. He had ni.tbing to do with
that. At the police-station the superintendent
asked what was the charge, and who made it. Witness
gave his name and address, and said the plaintiff had im.
properly taken a book from the table of the parliament
chamber of the Middle Temple, and that he had the book
unlawfully in his possession, and that witness's object was
to obtain possession of the book. Plaintiff then chal-
lenged hUn to charge him with felony, or steal-
ing, but he declined, laying he did Dot charge him
with stealing, but with taking improperly. Something was
said, but he could net say by whom, about the difference
between taking and steeling. Bo was certain be charged
the plaintiff with unlawfully taking and keeping the
book. The superintendent—but upon whose sugges-
tion he could not say—came round to witness, and
asked it the matter could not be arranged by his
taking charge of the book till the right to it could be
determined. He told the superintendent that he had no
objection to any course that would premise the book. The
superinteodent returned to his place and said, "Can't I
pour oil on the troubled waters said retain the book till the
question of ownership was determined ? " Witness assented,
hut the plaintiff declined. Witness then dictated the charge
in the wads that had been regal (row the police-book. The
superintendent then refused to take it in that form, and
Mr. Hudson was discharged.
t'roes•essmuned by Mr. Collier—He knew the police bad
been sent for. He left the room and went into the Middle
Temple.lane, end looked for a policeman very shortly after
the plaintiff said it was his determination to keep the book.
He found a policeman in Hertford-buildings, cod requested
him to be in attendance if required. That
was before the assault. He went for the police
on his own motion, fearing violence, having a
notion, from the manner the plaintiff put his hand nailer
his left arm, that he had some weapon about him. He did
not know till yesterday (Monday) that Mr. Bovill had
given any directions about the pohoe. He did not recol-
lect anyone calling for the police. His impression ass
that the police heard the disturbance and came into the I
room. He did not hear any bencher say, during the
strusgle, "We will have it yes!" He could not undertake
to may it was oot need. He did not hear the police say,
" We can't take Bye in charge because we have you (the
plaintiff) iu charge already—we can only deal with one
charge"
By Mr. Collier—Do I understand you to say the police
took the plaintiff into custody of their own accord or was he
given into custody'
Witness—l did not give him into custody. He was
neither given Dor taken into custody, but I, understood we
were all to go to the polioestation, and have out the discus-
sion.

Mr. Collier—Do you mean to say that the plaintiff went
voluntarily and could have left without the police?
Witness—Certainly, and I went to the police-station to
superintend the business. I did not say that I gave him in
charge.
Mr. Collier—Then you understood that be went to the
police-station voluntarily
Witoesa—Certainly. I did not see the police put their
bands on him. I went to the police station with the deter-
mination not to prefer a criminal charge, but to see if he
would redeliver the book. I declined to define the thing at
the police-station. When the plaintiff challenged me there
I stated the facts of taking and detaining the book illegally,
and not that I charged hire.
Mr. Collier—You saw the plaintiff in the dock"
V. iteen—No.
3lr. Collier—Do you know what a dock is?
Witnesq—Yes ; but I saw no dock at the police-station.
I could see the plaintiff by stretching my neck into the
window. (Laughter.) The word 'charge' in the police-
hook vu used by the police sergeant. I assented to it.
When it was read over to me I did not say taking and stad-
ia. were synonymous. The plaintiff said so. l,did not use
the word stealing. I said nothing about searching the
Plaintiff, or that stealing and taking were substantially the

Si, R. J. Phillimore, the Queen's Advocate. Q.C., and
a leacher, was present on the 9th July. The book was
Not passed to the plaintiff in an offensive manner. He wu
sot touched by any of the benchers. The struggle was
Cot renewed after the police were called in.
Crose-examiued —He did not hear any owe say "Well
have it." He did not mean to say the words were not used.
He had no recollection of the word "stealing" being need.
He heard something to the effect that the plaintiff should 1*
reo iuto custody for taking,the book, but he could not say if
!t was by Mr. Bat:shame. He was perfectly clear no bendier
interfered to take away the book. He beard one bencher
cry " police " He saw the policeman lay hold of Rye.
Redid not pledge binned( to recollect all that transpired.
IThe cue was proceeding when our report left.]