The Express.
London, England, 1863-02-27 00:00:00

SECOND COURT.

Mr. Geo. Denman. Q.C., sat Si judge in this court M the
plane of Mr. Justice Byles, who was prevented from being
present by ill health. The beet part of the day was occupied
with an action of slender, in which it was alleged that it
had been imputed that a coffee-shop kept by the plaintiff
was not conducted in a respectable manner. The details
were of no public interest

JUDGES' CHAMBERS.—Frs. 26.
(More Mr. Justice Wig/Malan.)

NISLIZAIIT GLOM N. COUNT DZ PZINIGNT AND N. ZILLAULT.

This case, which was some time DlOO6 before the Court of
Queen's Bench, came before Mr. Justice Wightman, at
Chambers, today, the plaintiff aappppeeaarinnog personally in sup-
port of en application made on affidavit.
It appears that after the awe had oome before the law
court' an order was granted by Mr. Justice Wightman,
dated Dec. 23 1862, appointing a commission to be held in
Paris, to inquire into the plaintiff's claim, sod giving power
to the ipliiintiff to have Count de Persigny and the other
witnesses in chief examined on interrogatories and viva moos.
The order provided that on or before the 3rd of January the
attornies or mental of the parties should exchange copies of
the interrogatories they respectively proposed to administer.
No examination was to take place prior to the 12th of
January. The return was to be made on the 30th of
January; but on the 2nd of February the defendants ob-
tained an order from Mr. Justice Crompton extending the
commission to the 30th of April. This order the plaintiff
DOW sought to set aside, in order that he might proceed to
trial of the case in England.

From a statement made by Serjeant Glover it transpired
that the plaintiff was formerly proprietor of the Morning
Chronicle, and the defendants were ministers in the French
government. The action was commenced on the 2nd of
May last. Every step was taken under the Common Law
Procedure Act. After substituted service was made on the
defendants at Paris, Count de Pereigny appeared in London,
whereon • declaration was served upon him. Pleas were
made, and issue was joined in June, but it was
not until the last day of Michaelmas term that the
Court of Queen's Bench ordered M. Billault to plead to
the declaration. A fortnight's time was granted, which
was afterward, extended, and finally the same pleas, nil
indehitatus and nomasumpsit were pleaded. Special ap-
plication was made by the defendante, Count de Persigny
andjM. &Mutt, for their own examination and that of other
witnesses at Paris ; and after some delay the judicial order
already alluded to for soch commission was Tuned by Mr.
Justice Wightman. Pursuant to such order interrogatories
were duly exchanged between the respective parties—those
of the defendants being for themselves, whilst the plaintiff's '
interrogatories were for the Due de Heenan, and M. Moe-
guard, secretary to the Emperor Napoleon 111. The plain.
tiff then proceeded to allege that be had been proprietor of
the Morning Chronicle for two years without any communica-
tion, direct or indirect, being made from him to any person
either incidentally or officially connected with the French
government; but in November, 1856, Baron Lionel de Roths-
child. M.P., and Mr. Uzielli, late a principal partner in the
banking firm of Charles Deraux and Co., stated to him that
the were is personal communication with the French
am (Count de Foram), who was anxious to se-
cure the Morning Chronicle on behalf of the French go-
vernment. He (the plaintiff) was then put in communica-
tion with M. Brossard, the French &scat. After • brief
negotiation the plaintiff's presence was required in Paris.
He went there, and received from N. Brouard a French
written communication, stating he had just received it from
the chef of the French embassy in London, that
it had been written at the dictation or inspiration
of Count do Pereiroy, who wished it translated, and
thee inserted in the ?darning Chronicle.

13rouard said be had aluiwn it to Y. Billault, who ap-
proved of certain suggested alterations. It was accordingly
translated and appeared as a leading article in the Morning
Claroxide in December, 1856, being an attack on the
Tinter newspaper, and in vindication of the French minister,
M. Billault.

—.---
The learned Serjeant said he now proposed to put in en
affidavit in support of his claim that the order for the com-
mission might be set aside, with a view to the trial of the
case in England.
The solicitor for the defendants said that this was the
first he had heard of an affidavit in the case, and he should
certainly ask for an adjournment, in order that be might be
able to answer it.

Serjeaat Glover mid he bad been six weeks in Paris cm
this business, and be hoped the learned judge would dis-
pose of the application without further delay. He had
come from Parks far the express of making the
affidavit. He thought he bad • ht to band in the aft-
davit.

Juaaire Wightanag laid he certainly had, asd be
himself would read it. The leaned judge then reaeived and
reed aloud the following docurneel:— •1, Willem Glover,