The Express.
London, England, 1852-12-25 00:00:00

THE EXPRESS, SA'

Credneedeed—Wituess Needed the digitised* beet
die epodes,/ the impel wit skis. He hualibid his
Mee to dis Framed* ifiewiselkthe evident* is the
Aesieseib Ned deem to teeßh a August. A mss
midi Thomas Mors* ties essieleM ee the 7*.
TIN Ilelbedaat's sessysl *Odd Net what Ilsgrath said
at the bedew was me dams op** their elide.
The illitierwerfilsearal sababsid that he had a right to
▪ lif the ripen Is Ilte Col atayserstpe wee a bar de.
The Mist .1 odd did that the add dlsbt ask ff Kagrath
sad ether widens, had begs ouNdael la *bream to the
sehlest nand of the *seq.
Tbs deem dated, la dower to farther quatide, that
be Wined tee ere ef the saldian bad tot boss sae
Wes se die fib ef boss* Cradle !agar Lisesssst
Hatted Osepsed IlLasehel. sad *the* had bele mad iced
lit the dew* Ise de, ahem The aneadiedieellse of
Mr. Creed wee impend is the ibeemedii Jammed It
was a tab report. bat apt All. ♦ nweade hell a dead
discretion to eureka. mei If he feud the areiewzasisa-
eon only elicited lee aim beeeight oat es the dime,
he would sot report *et whims. Two sew lists were
elicited on the craswerammitstios„ aad cal y as* of them
was published ia the aspleaft. Is UN defeedaat's
newspaper the fast Maid was that one of the soldiers had
been " severely *Mei Ow Freeman's Jawed that Le
had boos " badly
Mr. D. J. Want dogma that ha lad boon a magistrate
of the county of Qom H. was dosed at tha impost.
its was examined at • titter. He was prima at a tors
Lion el the tea.meefss He was Ia the Meter 'Set the
firing had camtriatesd. He was promat whet Mr. Coffey
applied foe the mow of the soldiers who wore alleged to
have fired the 16111111. The soldiers' drawl bevies egad
to Ceded Deesbe aed Lieutenant-Camel Ettautos, stated
thst the amass meld be bead out from Mr. Cronin. The
deemed wee made by Kr. Coffey. It worn intimated in
reply that intrattleas sidle be first nested frost the
eoesulaadiss Mow se
Cruw.mid. d—Wises tiros ezasaised shoot the 4th of
August, Use lONIA eV at the *quest. About 40 witamme
were slander& sod perhaps ball that number foe the
military. Ceded Ads* dresteel that all the sailers who
formal the MOM shed/ be prodded at the bpitael, and
the sashimi ware ..wiped a short diseases Eros the
village.
Mr. liMearesh her read al artiale from the deGadaat's
papa of the 93rd of September, is wheel', alter stating that
apse the general qaestioa of the soldiers having beet
guilty of warder, the question would be decided is the
Queen's Bench, he withdrew the charge against Um °Moen
sod uses of the 31st Regiment of cowardice and losing
their lacings, sad ozpreseest regret St having made,
through error, such a charge.
' The Solicitor-General spoke to evidesos id the part of
tits crown.

Tao Chief Justice then proceeded to charge the Jury. Hie
duty was to call their attention to the real queliese which
they had to comic', roind to retell their *Mums Mat a greet
deal ad the desultory observations, which it was however
quite fair for C.Uneei to indulge la. neve wen two matters
very much dwelt upon by the matagell teethe eceseed—the
tint being this, namely, that it was the =elusive right of
the jury to decide whether the publication Maipiebed of was
libellous or not. He (the Chief Judge) fully coemored Is
the statemeat that it was their duty to do so, end he should
hot attempt to interfere with think upon Vita point ; bet
another topic bad lova dwelt epee most elaborately, in re-
ference to which he mould not concur with what fell from the
defendant's counsel. It was this. flat It wee fur the jury
to decide whether the pressed was a proper case is which
the Attorney•G I ought to interfere. That would
essentially depend upon the preliminary question, whether
the article complained of was a mischi and defamatory
libel, and the jury were set to begin by oeuidering if the
case was a lit one for the Attoreity-General to interfere In.
The learned judge bevies read the libel, proceeded to ob-
serve that the indictiaeud contained four charges, appli-
cable to four substantive matters, and to every one ofthem
the defendant was baud te give an mower. The military
that formed part of the escort were messed by the WO&
in question of the crime of wilful sad &liberals molder;
the military eetborities were charged with le
stAle ievestigatkie sod balk the trade ofjuellen I ale Ist
Regiment was accused of bevies loat fat Wisp by seem of
their cowardice ; sad the am whet were mimeses' at a.
traneastion in the village of INAlllllrbridell was. wpm
seated as cowardly amemiait. As be the peelkelimsp
quettioe, it was not denied that pees/ • petallike
had been brought home to the ilahmilleat. Ws
chip said that with respect to the Insblicaties of posed.
Ines like the present, pendiug as inquiry oat the
and before the jury had tome to a eeealueion, Mee=
sot be any doubt that, in point • law, sash ea eel Mee •
itself illegal. The jury would, however, have le madder
the nature of t' se comments is the report peaked is the
newspaper, the mode • that patilketim, end die
'tepees under which it appeared, is order to oneble Oboe
in judge whether the presumption of law had bees sir
firmed or rebutted. As le the sent charge that the le-
(indent bad described the regiment as bailee lea &de
facings, and boon guilty of cowardice. It might be said—why
should a procreation be instituted upon bebelf et a sheik,
regiment ? If the article pabWMd comaked a mischievous
imputation upon beseeasW mea—if it were derogatory as
the ehareeter of the reetatate. theuld it be mid that, be•
can e they coald net vitsdiCale Ibmwelves by an action •
an indictment, public justice ebeuld not interpose to viadi.
rate them, and to redeem their honour, which was dear
to them as a body as character was dear to any
What must have been the feelings of both °Mem and seer.
to be to stigmatised, and what incalculable mischief would
be done to the public service, if the army were to get the
reputation of having cowards asseeget these ? Would the
expense of maintaining a military establishment be war-
rantable if the soldiery weld with be Welshed

impsaity
impotatiemlif siowirdiee ? His Imdship having laid
down the law Wir the jur they retired to their room to con-
sider their meant, and In about halt arbour returned to
their box, whet
The Foreuumiatimated to the court that the jury felt a
difficulty ea rienrded the word "malicious," which ap•
neared in thowarmin in the iadlatimet, and wished to know
if it could be irspeard ?
The Chief Justice replied that the wood should be re-
tensed, but whether the act of the 'ceased was or was not
malicious was an inferesee of law to be drawn from the
eircumeanees of the case. If a n published a libel it
must be malicious, and *rained the inflicting of a legal
injury.
The jury again withdrew, sad soon afterwards returned
to their box.

The Fortson then heeded dews the verdict, which wet
to the effect that they found the defendant guilty upon
the use ,nd, third, and fourth senate. They also found
that the allegations in the simnel plea of justification
were not true, and that it was not for the public goad
that t►e several smatters emetioned in t►e indictment
should be published at the than The jury could not epee
to ell the Ant count; it contained averments about which
they disagreed.
- -

Mr. Hayes, Q.C., said that, ou the part of the erown,
he would consent to a ..molls prosequi being entered
upon the first count, and tbse they would get over the
difficulty.

The j;ary were then discharged.

The boisterous weather in the channel causes an
irregularity in the arrival of the English mails,
which, at thisjuncture of affairs, is particularly in.
convenient. The elms* due at Kingstown • little
after 10 o'clock last night, did not reach there until
half-past one this morning; and this morning's mail
is already some hours overdue. The effect of the
constant wet in the country has been to retard all
agricultural operations, so that fears are already
entertained for the consequences in the next har-
vest.

On the complaint of the constabulary against a
publican, named John Brady, of Stalfordstown,
county Antrim, for entertaining illegal assemblies
in his house, his license has been withdrawn by
order of the Lord-Lieutenant.

Mr. Foy, the United States Consul at Dublin,
has been honoured by an interview with his Ex-
cellency the Lord Lieutenant on behalf of the New
York Exhibition of 1833. Mr. Foy was accompanied
by Mr. Marshall, the agent of the New York Exhi-
bition. His Excellency expressed himself most anxi-
ous to angst in any way the fur:hers/ice of the Ex-
hibition to be held at New York, without prejudice
to the Dublin Exhibition at the same time; and was
pleased to say he would contribute something in due
time.

THE QinEx's CoLLEHEs—BELFAST.—The follow-
ing gentlemen were reanumasided for Scholarships in ths
Faculty of Law, at the recent examination, viz. :—Third
icar—John Clarke; second year—David Rom; Ant year—
Robert Johnson. OALWAT.—The examination at our col-
lege terminated yesterday (Tuesday). Ws have not been
supplied with ths result up to (megrims to press.