The Express.
London, England, 1862-12-25 00:00:00

ICITCHENS FOR THE PEOPLE IN LANCASHIRE.

tab) intelltgenct.

COURT OF QUEENS BENCH.—Dso. 24.

After Term Sittings at Nisi Prins, at Goildball.—(Before
Lord Chief Justice Cockburn and • Special Jury.)
HUDSON T. SLAM, BART., AND OTRISRL—ASSAULT.
(doocloded from yesterday'a Express.)
The Lord Chief Justice, in concluding his summing
no, said—l am perfectly willing to believe Mr.
Hudson's account of his share of the transmit",
.

but one cannot sufficiently deplore the course he
punned on the investigation before the benches, as it pre-
vented the possibility of all further inquiry into the im.
portent question as affecting Mr. Seymour's conduct. The
moment he adopted that course his credibility with the
benches as • witness was absolved. and his testimony in
exculpating Mr. Seymour was valueless. I think too much
has been made in the course of this trial of the suggested
tenderness on the part of the heathers for Mr. •by
Seymour, for I do not think that when they -
Toured to get back the book they thought so
much about its effect upon the investigation as
the indignity and outrage that bad been offered to
themselves. Mr. Hudson before he took the course be
did aught to have considered the effect his conduct
would have on Mr. Seymour's cue, in whose behalf he had
voluntarily come forward as a witness. It seems to me that,
in whatever point of view we look at this matter, it was
most deplorable that Mr. Hudson should have made up his
mind to take the course be did ; and if Mr. Hudson, when
the letters were first produced and handed to him, bad said,
" You have no basness with them ; they are my private
property, whoever has banded them to you boa
been guilty of a breach of faith," mud that be declined to
answer any q neetions puttohim upon them, and that he should
not give them bath, that would have been an intelligible
and consistent course, although not • proper one ; but un-
fortunately that was not all ; he not only had certain pas-
sages in the letters read, but the whole of them, and con-
sequently when the letters were read they became part of
the evidence in the case, and by their withdrawal Mr.
Seymour was prevented from the opportunity of rebutting
any imputation they might have been supposed to have cast
upon him. If, therefore, the subject of the thing was open
Ito exception, the manner of doing it was still worse. Any
one convenient with the understood rules of honour
I which prevail amongst us in our daily transactions of life
I must know thence an implied understanding that docu-
ments handed without hesitation for inspection will be re-
turned without its being necessary to ask for any security.
Unfortunately the plaintiff thought proper to adopt • dif-
ferent mune on this OCOSaiOII, and pursued towards • body
el highly respectable gentlemen a violent* of con.
lost and an offensive tone of manner which were unmoor.
miry, more especially towards Sir Frederick Slade, and
dragged into the discussion the name of an shunt and un-
offsetting lady in a manner most disgraceful and unworthy
and unbecoming • gentleman. I cannot understand this
course of proceeding. I can only hops the dinner at the
club had something to do with it, and I own I had hoped
before the termination of the case that we should have
heard some expressmo of regret from the plaintiff for has
unseemly and ungentlemanly manner in introducing Sir
Frederick Slade's female relation into the case. I must do
Mr. Hudson the justice to believe and hops that • great
deal of what poised is • matter of sincere regret to himself,
and to think that if the thing had to be gone over again he
would not have so acted. He appear' to be • man of
great intelligence, • man of the world, and accustomed
to the society of gentlemen, and I feel he must regret
haring so mismeducted himself. I own I think there
is much to regret on the other aide, and that it would have
been more consistent with the dignity of the benches of
the Middle Temple if they had allowed him to depart with
that dignified contempt which he deserved, and not have
suffered the parliament chamber of the Middle Temple,
where the interests of the profession have been watched for
No many generations by some of the most distinguished lights
and luminaries of the profession, to be converted into a
theatre fora /011111 of this description, instead of
allowing him to be overpowered by the porters and servants
of the inn, have stood before you on their legal rights.
I have pointed out to you the leading features of this cue
u it etrikes me in its morel aspect, and if it becomes a
question of damages with you, you must take ioto your
consideration all the circumstances and the position et the
partial. No doubt the bleachers felt irritated in the ex-
treme at seeing their investigation frustrated by the with.
drawal of evidence so essential to the cue, end at the
indignity and outrage they were subjected to, not only in
the insulting manner and the defiance of the defendant in
withdrawing the letters, but in the language he used. Bat at
the same time, if the benches or any other body of men
take upon themselves to exercise powers with which by the
law of the land they are not armed, and they mistake those
powers, and in the excitement of the moment step beyond
the law, they must answer for it,and miler the benchers have
made out • justiinstion for their conduct on thin co:anion
the plaintiff is entitled to your verdict. The assault is ad-
mitted., and there is no attempt to screen any of
the defendants from their joint and 'aural liability, and
unless they were justified by the circumstances, and the
facts which they had put upon their pleas, the verdict must
pass against them. The proceedings in the Temple were no
doubt exciting, and that they have been exaggerated to
create • prejudice against the masters there can be no doubt,
in endeavouring to make out that Sir Frederick Slade, Mr.
Barishavre, and Mr. Rodwell, had, in addition to the porters,
laid bands on the plaintiff. We have heard their indignant
denial of their having done so, both from these gentlemen
and from those who were calm lookers-on, and who
were anxious for the honour of the beechen, and who were
alarmed lest the exasperation and the insulting tone of the
plaintiff might have drivers some of the members of the
bench beyond the fair limits of endurance. They saw no-
thing of the kind, and whatever may be the issue of this in.
quiry, that is to my mind • matter of very great satisfaction.
The plaintiff having appeared before them and submitted
himself for examination, it must be taken that the beechen
were entitled to have possession of the letters ; but it did not
give them snob a property in them as that they could properly
be called their. ftimi facie it would be so, because possession
is always good as against a wrongdoer, and if the plain tiff took
them away from the benches without any title or right,
the letters would be their property as against him. but it
would not be so if they belonged to the plaintiff, and be was
entitled to their possession. It appears that all the document,
connected with the company had vanished with the excep-
tion of these letters. They came into the possession of Mr.
Brown, who was the solicitor to the company, and he having
the legitimate possession of them, and having banded them
over to the lumbers, they were bound to restore them to
him 'Amon as they had done with them. They had, there-
fore, a special property in them, unless the plaintiff could
prove his right to them ; and that brings us to the question
whether they were or were not the plaintiff's property, and
if they were not then for the purposes in question they were
the property of the bombers. The plaintiff's evidence is
positive and prune to the point, and it would appear from
lethat they are his property ; but then the question arises
whether be had not dedicated it to the ores and purposes of
the company so as to make it the company's book, and if it
were the company's book the plaintiff was no more entitled
to it than Mr. Digby Seymour or any other shareholder. To
form an opinion that this is his book it is
necessary to look at its contents. It contain.
17 letters, six only of them are copies of Mr. Hudaon's
letters, the remainder being copies of letters written by the
secretary, and one written by Mr. Digby Seymour. You
must, therefore, exercise your judger after examining
their contents, whether these letters acre not written by
the plaintiff while exercising the irrportant function of a
director, and in holding communication with the agent of
the mine in the character of director. His lordship then
referred the jury to the phraseology of the letters, onervieg
that the plaintiff took an active share of the manage.
ment of the company, and that the letters were written
in the plural number " we," toc., and said—lf it is • pri-
vate letter book, strange liberties were taken with it, for
although, as the plainiaff says, he kept it in his desk under
lock and key, there was, amongst other letters written
by the secretary to the collector,• reference to his income
tax, and others in reference to railway transactions
unoon-
aectd with the Waller Mining Company. If you think
this is the plaintiff's private letter.book he was entitled
to withdraw it from the benches ; if not, it is for you to
say whether the Teachers have made out their plea. All
other documents in connexion with the company had die.
appeared.

On Saturday afternoon, an institution projected
by Mrs. Eason Wilkinson, for eaching simple cooking to fac-
tory girls, and supplying cheap meels to the unemployed, •
was opened at No. 78, Oxford-road. Manchester. The
building is a three-storey house, at the corner of Oxford-
road and Boundary-atreet. The cooking department is on
the ground floor, and the front rooms on the grayed and
first floors will be used as dining rooms. They will accom-
modate upwards of 120 individuals at one time. Over the
kitchen is • room in which rations will be served for tickets
which will be distributed by relief committees and others,
sod which may be purchased in quantities at the kitchen.
A small room on the first floor will be supplied with news-
papers and periodicals. The upper storey is occupied by
the private apartment, of the staff. This will consist
of a superintendent, a matron, and twelve girls who
are taken from the sewing schools and Sunday schools
in the neighbourhood, and who will be succeeded by
others as soon as they become tolerably proficient.
The education of these girls will also be promoted by Mrs.
Wilkinson. The kitchen will be open from 9 o'clock in the
morning to the same hour in the evening. The bill of fare
is similar to those that have been previously published con-
nected with other instantiate, and will be enlarged to cor-
respond with the demand. The original outlay in this
establishment has been defrayed by subscription , and it is
hoped that the working expenses will be met by the re-
ceipts. At the opening, on Saturday, a number of ladies
and gentlemen were present and tested the quality of the
food, which they declared to be excellent. In the evening
Mrs. Wilkinson gave a supper to the workmen who had
been engaged in preparing the establishment.
On Saturday evening Sir James Kay Shuttlewortli„
Bart., presided at a social meeting held in Mr. Rietwistle's
loom shed, Padiluim, at which nearly 2.000 persons were
present. The chairman explained in detail the "i
moots connected with • trades' ball and cooking
kitchen, which it is proposed to open for the benefit
of the working population of the place. He stated
that refreshments would be provided at all hours of the
day, following, as regarded prices, the whole of the arrange-
ments so successfully carried out at Glasgow. There would
be • newsroom, which during the present period of distress
would be opened without payment. Afterwards some
moderate charge would be made in order to secure a larger
supply of papers than might otherwise be available. After
6 o'clock in the evening the newsroom would be open to
smokers. The next room to that would be a refreshment-
room for men. Upstairs there would be a similar room
solely for women, well lighted and comfortably warmed ;
and as the room would be open to a certain hour in the even-
ing, he had no doubt they could obtain the services of a
schoolmistress to reed to them. Her Royal Highness the
Princess Mary of Cambridge, learniog that thin project
was conceived sent him through • friend a very gracious
I message of interest, and asked in what way she could in
any degree show her eympatby with the suffering people of
' his district. He replied that her Royal Highseds money
, was not needed ; hut if she was disposed, as an act of
gracious kindness towards those of her own sex in Padi-
; ham, to send some small contribution, which could be
used in the decoration or for the convenience of the room
appropriated to women, he should take care that it
' was properly bestowed, and he further requested that she
' would allow him to call the room so appropriated the
" Princess Mary's Room." Her Royal Highness at mice
i allowed her name to be connected with the institution as
patroness. Another portion of the first storey it was pro.
tar Fot appropriate for the refreshment of the men work-
dthe Relief Oommittee, who would be provided with
a inner worth Sel. The room would be snfilaiesely amebas
I for 60 or 80 mem to sit doves at table at one time. la the
highest storey they p epossd that in future the deems of
, the Meshanica' lastitutios should assemble. There would be
' Bible classes. the atteadance at which was to be perfectly
optional. The opswird se at present arranged would take
in the drat week of the new year. Tb• annoosoeneent
of the pro*, waerosaived wialegreat fowler by the easetand

" All had dissolved,
And, like the baseless fabric of a vision,
Had left only this wrack behind it."
The next point is that he fraudulently possessed himself
of the book, and that rests upon the passage in the short-
hand writer's notes. I think you must not rely too much
ou its accuracy ; but you must draw your opinion from the
evidence that has been given in illustration of it, coupled
with the state of the plaintiff's mind, who went to
the Parliament chamber with the intention of be-
coming possessed of the book. Referring to the complaint
made by the plaintiff relative to his crass-axami-
nation before the heathers, when it was assumed that
the cross-examination was offensive, his lordship nid—
Does it not occur every day in courts of justice ? It is one
of the unhappy incidents in the administration of justice
which cannot be avoided when it is necessary to test the
credibility of witnesses by searching inquiries into their
characters, sifting to the bottom the evidence of reluctant
witnesses, who often state facts under the pressure of
crosa-examinatton which otherwise would be ahrouded in
darkness and secrecy. It is most painful to have to do so, but
it is no more than is done even by the plaintiff's own counsel
when they want to get from a witness something which he
wants to conceal. Whatever has been said with reference
to the robust and powerful appearance of the defendant%
in comparison with that of the plaintiff, who might be said ,
Ito be one of the light infantry as sgainsttbe defendants, who
are said to be the grenadiers of the law, be bad succeeded
in keeping possession of the document in spite of them
all, mid without hie receiving much bodily injury sod see-
leg that be came off the victor in the strife, it is for you
to say whether MOM folio was used than was neceasary. Hie
lordship next referred to the giving him iu charge, about
which there was a conflict of teetiniony, observing that Mr.
Baphawe had cautiously abstained from giviag him in
charge or charging him with felony or larceny at all.
Mr. Collier took an exception to his lordship's ruling rela-
tive to the property in the book.
The jury retired to consider their verdict at five minutes
peat oat o'clock. At tau minutes to four o'clock they made
a communication to his lordship, and they were called into
court.
The Lord Chief Justice—l understand you wish to ask
nie this question—" Supposing the book not to have been
the property of the plaintiff, were the didepdants justified

.. .
in using fore, to take it from him!' ?bat la • question of 11ARICKTS.
law and not of feet. ' Its b sufficient for tts to day that year
...tea, ...-- e ZDNI. BOAT Enstte.—The market was
•—•—
question should be answered in the affirmative, and upon ~, ~. ~ ~s. ~
that point there would be a verdict for the dafendeste.
Whether the plea is good or bad in law is for another 45,4611. ligirtvilard446°. 45,4 d• ,ed.' J•atouags. 5095.
;April
to4s•_. ti
tribunal. JUDO.
at - 455. to 45e. 3d. ; Oct.On to Dee., 46a. 6d. Do&Timy to Let
A jtuvmaa—Tben is no chance of our allatial *a to .... „Wm. us imn. Arrivals, 90 aim.
ownership in the book.
The Lord Chief Justice—Yon have been three bons eon.
sidering your verdict ; have you gives up all hopes of your COTTON.—Lrnanot, Dec. 24.—We have bad a good
agreeing! extent of business daring the week. Friday and 13atur&y's
A juryman—We are seven to HVO. I sales ware small, the market slow, and scarcely malotainMs
The Lord Chief Justice—But is there no hope of your , the quotations of Friday last. On Monday there was an
agreeing to a verdict' increased demand, more tone, and the market closed firmly
A juryman—l feel the importance of the case, and I think at previous rates. Yesterday increased activity prevailed,
we ought not hastily to give an answer in the affirmative. and the males were estimated to reach 20,000 balsa, Nunn;
The Lord Chief Justios—l think it would be • pity for closing at td. per lb. advance for Sant, Brazil, :and
you to give up the task so bug as there is a reasonable hope Egyptian on the quotations of this day week. Specalaters
of your agreeing to • verdict. have taken 340 bales of Americas, 640 Nadi*, 500 Egyptian,
A juryman—l can't say there is any reasonable hope of 164,000 Bursts, and 500 Bengal . Exporters, MO American,
oar agreeing to • verdict. There is no probability of our ; 2,6 N Smite, and 80 Bowl ; and coosuniers, 13,120 bales
agreeing. !of all kinds We lave had • good demand to-day. Wes
Tbe Lord Chief Justice—l do not like to take upon myself 20.020 bales ; half for export and speculation. The folia-
te discharge you if than is a chance of your agreeing to a , iog are the official quotations : Fair Orleans, 2742. ;
verdict, lam in the bands of the nuns& t middling, 2413. ; Mobile, 260. • middling, 2442. ; Uploads,
The learned cannel on both sides thought it useless, I 250. ,• middling, 23td. The cotton mean will be closed
after what had been said by the jury, to keep them locked 1 until Monday next, We 28th inst.
up any longer.
The jury were then discharged without agreeing to •
verdict.
This closed the Guildhall sittings.

WOOL. AND WORSTED.—Sit•DIORD, Deo. 24.—There
is something of a holyday appearance in the market to-day.
In consequence of Christmas-day to-monew, the market is
held to-day. There is • smaller attendance than anal, but
notwithstanding this • good Weiner has been done. There
have been considerable transactions in wool during the wee..,
and there is a good inquiry this morning. An advance is
asked for all clears of wool. end a trifle more money is ob-
tained. The advance asked in some OMNI prevents males,
but the stapler complains, as usual, that at the preseut
country rates be has too little margin for profit'. On the
whole, a feeling of confidence and satisfaction prevails, and
it is generally supposed that on the turn of the year things
will still further improve. There ie an improved tone in
the yarn department. There has been more inquiry and a
large number of orders placed for the home trade, sod
for the Lancashire sod Glasgow marker. Foreign ilinta
are also operating a little, chiefly in coloured
Some counts of single yams have not with a =
demand. Stocks are held by shippers, who are
unable to find • sale for them at remunerative
rates. There is a hardening tendency in prior generally,
and the advance sought r at Mast partially obtained.
There is a fair trade doing in pieces, the merchants attend-
ing in scanty number so near the close of the year. Still,
manufacturers are generally well employed Jeweler. There
has been a rather better business doing for China of late.
Prier 'lave an upward tendency.

LEATHER.—The demand for leather is now very
limited, as is usual at this imam of the year. The stock
of fresh goods still motion= small, and prices remain no.
altered. There wu a laige 'apply of market hides at Lead.
enhall both on Friday and Tuesday, which sold at a reduc-
tion of about 2.. per hide.

0011N.—Brawirwax, Diu. 24.—At this day's market
a short supply of wheat. an is commonly the case when not
held on the usual day. Though the trade railed dull, the
ties were made at an advance of Is. per quarter. Barley,
beans, and peal6d. per quarter lower. Oats firm, but
ray a sale.
BOOTON, Dec. 24.—Our market to-day Is. dearer than
last week. Oats 6d. dearer. Beans, 30s. to 34a., 19s. nett.
Peas, while, 325. to 36e. ; blues, 4th. to 42a, 19a nett.
Oi.aaoow, Dan. 24.—This day's market ruled steady for
wheat at an advance on last quotations of 6d. per boll on
American red. Floor brought previous rates. Ora and
oatmeal unchanged, and little alteration occurred in the
value et barley, beans, or peas. Indian cora about 3d.
per boll dearer.
liarffurr, Dec. 24.—00 r market this morning, being
held off the usual day, was not well attended, and the
business pasung was limited. English wheat in were
instances brought an advance of Is. per quarter, and Ace.
roan must be quoted 2d. to 3d. per 1001ba. dearer. Mew
was held firmly, bat we cannot alter our previous quer.
boas. Oats and oatmeal were in retail demand at late
rates. In bras there was no change of moment. India
cora was the taws dearer.
- - - • •

- -
NIIWBURT, Dec. 24.—Oar supply of wheat this day woe
=all, • steady bade et rather more money. Less buiey
on offer ; malting dessriptions, ls. per qr. dearer, other sods
the same u led week, and very little doing. Oats, brans,
and peas very dull.
firocrrou-on-Ttne, Dec. 24.—The supply of wheat at
oar market this morning was small ; there being a gwd
&deaden°, of Wynn, it sold daddy at an edvanee of fully
Is. per quarter on last week's prior. Oats said it fall
rates. Barley dull. BMW and peas Is per qr. lower.
Impede during the pad week r—Wbeat, ousetwies, 566 qrs.

00ALB.-Lowrlow, Dm 114.-BeWs Priam% 13s. 9d. ;
Bowers Wed Hartley, 14s. ed. ; Bysish eds Wed
Hartley, 14. 6d. ; Gowpan Hartley, 14. 6d. ; Davisods
Wed Hartley 14s. 6d. ;Hd U Main, 16s. 6d. • lam.
hart's West Hartley, 14a. 6A • North Felton (hi, 14s. •
Tanfiskl Moor, 14s. ; Taallsld Moor Butes, 144. ; Walks;
Primrose, 13s. 3d. ; West Hadley, 14a. 6d. ; Wad Wylsw,
Lk. 9d. ; Wylem, 16a. 6d. • Walls End Godorth, 16s. ;
Walls Bed Barton, 16s. • Walls End Hadley, 16a. • Walls
End Riddell, 16s. ; Elea Main, 16s. 9d. ; Walla End
13raddylls Hatton, 17s. 3d.; Walls End Haswell, 18s. 6d. ;
Walls Bed Hatton, 18s. 6d. ; Walls End Swath Hettoe,
18s. 6d. ; Walls Fed Omsep, 17s. 6d. ; Walls End &viler
pool, 18s. ; Walla End Hugh Hall. 17s. ; Walk End
Kellam, 17s. 6d. ; Walls Rod South Hartlepool, 17s. 3d. ;
Walla End South Balks, 17s. 6d. : Camay and Duthie
Anthracite, 21k. ; Camay and Duffryn Malting, 225.-Ships
at market, 127 ; sold, 107.