The Express.
London, England, 1862-07-02 00:00:00

THE EXPRJSS, WADNIF,SDAy OEVENINO, JULY. 2, 18

NAVAL AND MILITARY.

PORTSMOUTH, JULY 1.
The Edgar, 89 screw, Captain G. P. Mends,
barbs the flag of Rwer-ral Captain
Col_PoTt Damage
C. 8., steamed into harbou thin afternoon to inemeatle and
pat at.
The Semen, 6, iron screw troop chip, Commander B. H.
Hendersoe, arrived this morning from Plymouth, kiwis; on
board the left wing of the 37th Regiment, which landed at
the dockyard end proceeded to Aldershott.
Nothing has indicated today the celebration of so great
, an event as a royal marriage within Sight of Portsmouth
lines. Not • bell has beep rung or a gun fired, either by the
garrison or fleet, is booour of that event, although the Vice-
roy of Egypt received the honour of a salute on his arrival
today. This marked absence of. i
anything like display or
any manifestetioe of public rejoicing s understood to have
been in strict aeondence with her Majesty's commode.
His Highness the Viceroy of Egypt arrived at Spithead
this morning in hie yacht, the Islay Dbedad, from the
Thames. ftortly after hi arrival his Highness visited the
Warrior, iron screw frigate, and the Revenge, 86, bearing
the flag of Bear-Admiral Bohai Smart, and came into
harbour in his yacht at 2 p.m., under a salute from the gar-
rison end the flagship Victory, receiving also • similar
honour on leaving the Revenge at Spitheed. Soon after
the vessel had anchored in the harbour hie Highness was
visited by the naval and military authorities of the port and
garrison, but declined to land to-day, on the ground of
fatigue after his voyage.

ADMIRALTY. JULY 1. Arrortfrmisra. —Lieu-
tenant J. D. Baiter, to be Sag lieutenant to Rear-Admiral
Smart, K.H., commanding the channel squadron.
Masters K Maunder, to the Hastings ; J. H. Kerr, G.
Robinson, J. H. RUM and A. Fanner (acting), to be addi-
tional to the Fisgard.
Surgeons Dr. W. B. Why, to the Winchester; J. G.
I Risk. to the Hastiop ; D. Thomu, to the Hawke ; and J.
Nihill, to the Eagle.
Second Masters M. C. Raymond, to be additional to the
Beatings, for service in the, Advice ; and F. limiter, to be
additional to the Fiagard.
Assistant-Surgeon Dr. R. Hague, to be additional to the
Hastings, for service in the Ferret.
Chief-Engineer J. G. Oakabot, to the Hastings.
Paymasters J. Hayward, to the Winchester; G. W. D.
biarnoods, to the Eagle ; and E. A. Williamson, to the
Hastings.
Assistant-Paymasters J. S. Moore, to the Hastings; W.
Blackney to be additional to the ?Sward ; and G. W.
Underhill, to the Hastings as secretary's clerk.
Assistant-Clerk C. F. Cuban, to the Royal Adelaide.

tabu intelltgaut.

COURT OF COMMON PLEAS.—JoLY 1.
Maw at Nisi Prism in London.—(Before Lad Chief
Justice Ede and s Special J ory.)
DAVY V. PlifilißTON.
After our report left yesterday
Mr. Bovill, in addressing die jury for the defendant,
said that there was no ground whatever for the imputation
which had been made upon the plaintiff, and be added that
the defendant had already on two occasions most positively
wore that he was neither the author nor publisher of the
libel, evidence which he would repeat before the jury in
the witness-box. The learned counsel complained also that
after this denial proceedings should be carried on which
not only imputed to the defendant that he bad published a
most infamous libel. but that he bad actually committed
perjury to screen himself from the consequences. As to
the statement by the defendant that be bad believed that
the addresses on the envelopes were in the writing
of his eldest son, that was made in conse-
quence of the defendant being told that there was
a great similarity between them and an address
which it was known had been written by the son, and the
son upon his 11211MiDSilOil said that there wast simi-
larity to his writing, but he denied all knowledge of who
had written it. It bad been said that the eon had aban-
doned the living which bad been procured for him and bad
left hurriedly for Australia, when the truth was that his
departure had been arranged for months. bosun be had a
disinclination for the church and a liking for going abroad •
and in addition, he bad some relations in Australia to wham;
he had gone.
Mr. Wallen, an auctioneer and land agent, and Mr. Lam-
bert, an architect, both of whom had had business transac-
tions with the defendant, and Mr. Roberts, clerk to the do-
fondant, maid in their belief the envelopes had not been ad-
dressed by him.
Mr. Lush, in answer to his lordship, said that he did not
contend that the defendant bad written the libels tllsm-
, solve.

18;.Skiabott and Mr. Nethercliff, the son of the witness
examined on the other side, two experts, thought that none
of the writing was by the defendant ; and the latter witness
believed that the libels and the addresses on the envelopes
were written by the same person.
Mr. Pemberton, the defendant, said that be resided at
Hare-hall, near Rumford. He bad never had any animosity
towards the plaintiff. The addresses on the envelopes were
not written by him. He did not know who wrote them,
sad he never authorised their being written. His eon had
bees talking of going to Australia some time before he
went. No living had been purchased for him, but Mr.
Barites, the father of witness's brother, had bought the next
presentation in 1840, and if witness's son bad liked the
church, be would probably have been presented.
Crteeexamined—To the best of his belief he
OM of the Dills posted about Hanford in reference to the
'anonymous letters, sod offering a reward of 50'. His son
never told him that he had seen it. (The witness was asked
a number of questions in referenoe to collateral matters,
but his memory was very defective.)
His lordship left it to the jury to say whether in their
opinion the defendant had published the libel.
The Jury were locked up about half-past five, and after
the lapse of several hours, they stated that there was not
the slightest chance of their agreeing upon a verdict.

COURT OF EXCHEQUER.-Jrix L

Sitticp at Nisi Prim at GuildhalL—(Before Mr. /keen
Bramwell aad Special Juries.)

V. WINDI7II-LIMAULT.

This was ea action for moult. The defendant pleaded
not guilty, and that he was fast aninalted by the plaintiff.
Mr. Hawkins and Mr. Oiffard were wuriel for the
plaintiff ; gad Mr. fierjeant O'Brien and Mr. Butler Rigby
for the defendant.
From the evidence it appeared that the plaintiff use a
surgeon, aged about 50, who had practieed for the lad 14
years at Tottenham, and that the defendant was the ea of
• gentleman of considerable property is the same neigh-
bourhood. On 4th March last the plaintiff, who had been
in the habit of visiting the defendant's father, was at dinner
with his wile and funny, when he was told that • gentle-
man wished to see him. He went into the hall and there
saw the defendant, whom be showed into the library.
The defendant thee said he was a liar and a blackguard,
and wished him to send a friend to him so that he might
obtain the satisfaction which one gentleman expected of
another. The plaintiff asked for what, and the defendant
replied that he had maligned his character to hie father's
servant in regard to the case of • certain Sophia Adam;
which had reached a climax. The plaintiff said be km"
nothing about it, and had done no such thing. The de-
fendant said he was • liar, and again asked him to seed •
friend. The plaintiff said be was deceived and that be bed
done him no wrong, and after some further words had peened
between them, the defendant, who was • powerful young
man, struck the plaintiff in the eye with his clenched fist
and partially stunned him. The plaintiff went towards the
dosing-room, when the defendant put his head under his
arm and pummelled it very severely, and continued to do so
until the plaintiff's wife succeeded in separating them. The
blows blackened his eye, and he was laid up for nearly a
' week, during which he was linable to see his patients.
Mr. Serjeaut O'Brien did not call any evidence for the
defence, but addressed the jury in mitigation of damages.
He said the defendant admitted that he had been misin-
formed relative to a quarrel about a servant, but believing
what he beard to be true, be went and in the heat of the
moment committed the assault which be now regretted.
The learned Judge, in oniaming up, said it was an assault
without the slightest provocation, and had been aggravated
by being committed io a man's own house, and in the
presence of his family. No apology had been offered, and
it was for the jury to say to what damages the plaintiff was
entitled. In allusion to the challenge of the defendant hie
lordship said be hoped the jury would give their aid in sup-
pressing the practice of duelling, by encouraging mown
who had been subjected to unprovoked assaults of this
serious nature to seek redress in • court of justice by award-
ingthheem ample and satisfactory damages.
The
jury returned • verdict for the plaintiff—Damages

5 0 61-.-