The Express.
London, England, 1863-06-09 00:00:00

LAW INTELLIGENOII

(THIS DAY.)

COURT OF QUERN'S BENCH.
Bitiino in Bum" —(Bafar• Lard Chief Justice Cockburn,
and Jastkee Wig!Amin, Crouiptou, and Blackburn.)

KARL CARDIGAN V. LIRIIT,COLONTL CALTHOILPI.-TIR

LIGHT CAVALRY CRAWL AT BALAILAYA.
This morning cause was shown against the role obtained
in Easter Term on the application of the Earl of Cardigan,
whist Lieutenant-Colonel Caltharpe, to show cause why a
criminal information should not be filed against him for
libel relative to the statements contained in the work
entitled " Letters from Head-quarters," by a staff dam,
reflecting on the Earl of Cardigan's military conduct
in the renowned and memorable charge of the

Light Cavalry Brigade under the command of
the noble earl on the Russian battery. Great
interest was evinced in the proceedings. The galleries ware
filled long before the opening of the court with ladies.
There was also, as is usual when interesting cases are before
the court, a large attendance of the junior and brieflews
members of the bar, and the remaining space available for
the public was crowded with people, amongst whom were a
large number of military men, and Mr. W. H. Russell.
Earl Cardigan came into court about a quarter to ten with
his junior counsel, and occupied a scat within the bar.
Mr. Serjeant Sheri, Mr. Coleridge, sod Mr. Browne,
appeared to show causewrainat the rule ; Mr. &mill, Q.C.,

and Mr. Garth, supported it.
Mr. Serjeant Shea said he had to show cause against a
rule obtained by Mr. /krill, calling upon the floe. Lieute-
nant-Colonel Calthorpe,of the sth Dragoon Guards, to show
cause whyaninformation should not be exhibited against him
for certain misdemeanours, in composing, writing, printing,
and publishing certain scandalous libels of the conduct of
the Earl of Cardigan. The rule was obtained on the affi-
davits of Major-General the Earl of Cardigan, Lieutenant-
General Sir James 3carlett, and several officers and men
who took part in the battle of Bakke's, on the 24th of
October, 1856. The Earl of Cardigan, in his affidavit,
set forth what he represented to be the truth respecting his
military conduct on that day, and on other occasions during
the Russian war, against what he repeatedly designated
as calumnious and entirely groundless imputations
of Lieut.-Colonel Calthorpe contained in certain passages of
the work, entitled " Letters from Head-quarters." respect-
ing the realities of the war in the Crimea, by a staff officer,
of which three editions had been published : the first, in
December. 1856 ; the second, in June, 1857 ; and the third,
in December, 1857. His lordship stated in his affidavit
the praise which was bestowed upon him by
Lieutenant-General Lucan, who was in command of the
British cavalry in the Crimea, in his report to Lord Raglan,
on the 27th October, three days after the charge, for the
gallant and intrepid manner in which be led the attack on
the Russian battery ; and also by Lord Raglan. in a general
order, dated the 29th October, 1854, to the Commander-in.
Chief, for the gallant 7, coolness, and perseverance
with which Earl Cardigan, and the officers and men
under his command, executed one of the most
arduous tasks ever witnessed under the heaviest fire and
in the face of powerful batteries of artillery supported by
cavalry. and infantry. His lordship also pat forward the
gracious acknowledgment aid approval by her Majesty of
his services on that day, and also the thinks that were
voted to him for those services by both houses of parlia-
-1 meet, and then a speech of his own. describing the charge
sod retreat of the Russians at Balaklava, in the highest
degree.eulogistic of his own conduct, pronounced by him at
i banquet given to him at the Mansion-house on the Pith
February, 1855. His lordship next set forth a letter written
on the 26th December, 1856, to the military secretary of his
Royal Highnessthe Commander-in. Chief, in which he asked
to be allowed to prefer charges before a court martial against
Lieutenant-Colonel Calthorpe for scandalous and dis-
graceful conduct unbecoming the character of an
officer and a gentleman in publishing false and malicious
statements against a general officer in the army, and the
refusal of the Commander-is-Chief to order that own-
martial. And next, a letter from his lordship's solicitors
to Lieutenant-Colonel Caltborpe, in which, after stating
that the recent publication of the first portion of Mr. King.
lake's book had revived the interest of the public and of mili-
tary men in the events of the Crimean war, they stated that
the Earl of Cardigan felt it imperative on him that
the matter should be set at rest in his lordship's lifetime,
and whilst he could have the benefit of the testimony of
the survivors of those who took part in the events referred
to, and they called on Lieut• Colonel Calthorpe to retract
the statement Published by him derogatory to the character
and oondnct of Earl Cardigan as an officer, sod make an
ample apology for his having been the means of giving circula.
tee to them, and to either stop the sale of any future copies
of the work, or append in a conspicuous place an explana-
tion satisfactory to his lordship. The reply of Liout:CoL
Calthorpe to that letter was also set forth, dated sth Feb-
ruary, 1863, in which be expressed his regret that he could
not comply with that request, and that it was not
his intention to withdraw any one of the assertions ob•
jested to by the Earl of Cardigan as oontained in the'
last edition of his work. With the exception of Earl
Cardigan's affidavit, he did not intend to trouble their lord-
ships with more than a reference to two or three passages
in the other affidavits, as he only intended to refer to them
incidentally to their conteota. He asked their lordships on
behalf of Lieutenant-Colonel Calthorpe to discharge
the rule on three grounds ; first, that the only pas-
sages in Lieutenant-Colonel Calthorp'a book complained
of by the Earl of Cardigan were the result honestly
expressed of information fairly obtained at the time, and
that the statements in them relating to the conduct of the
Earl of Cardigan were in all substantial matters, as it
appeared from Earl Cardigan's affidavits end upon affidavits
in answer to it. the troth. Secondly, that the conduct of
Earl Cardigan towards Lieutenant-Colonel Calthorpe,
since the publication of the first edition of the
book, and the conduct of Limit-Colonel Calthorpe
towards the Earl of Cardigan, had been accord-
' ing to the ordinary practise of the court, such as
to disentitle Earl Cardigan to the special interfer-
ence which he asked. And, thirdly, that the war in the
Crimes., and the conduct of the public men in the service
of the crown in connexion with it had at the time the
alleged libels were published become matters of history,
and free comment and discussion, and that Lieutenant-
Colonel Calthorpe had a right to form and
i publish his opinions respecting them, and that he had done
so with an earnest desire to be strictly accurate with respect
to the Earl of Cardigan, and with no intention of calum-
niating him. It was upon those three grounds, and those
only, he asked their lordships to discharge the rule, and be
particularly directed their attention to the fact that there
wee no reference in them to any technical objection, and he
distinctly wished it to be known that on no ground such as
dilatoriness or indifferenaeon the partof the Earl of Cardigan
in the vindication of his honour until now, did Lieutenant-
Colonel Calthorpo desire the rale to be disposed of. He
had been brought here on affidavits, which appeared to have
left their lordship. no alternative but to doubt at least that
Lieutenant-Colonel Calthorpe had been guilty of conduct
unbecoming an officer and a gentleman. He was charged in
Earl Cardigan's affidavit as a wilful calumniator of
his lordship, and he hoped their lordships would allow him
to eliminate himself from that charge, which would be dis-
graceful to him as a gentleman and a soldier if true, for he
had no desire to ride off at this stage of the battle on a
horse with a single drop in his veins of blood called
the statute of limitations. (Laughter.) Lieutenant..
Colonel Calthorpe met the case fairly, and be now
addressed himself to the first of the points, and he would
endeavour, not in the spirit of attacking the Earl of Cardi-
gan, but that of defending Lieutenant-Colonel Calthorpe,
to bring the matter as fairly as he could before the
court, and do his best to satiety their lordship! that
Lieutenant-Colonel Calthorpe had done nothing but what
became a man of honour, of courage, and honesty. The
learned serpent then read the description of the charge,
and the following words referring to Earl Cardigan, in the
first edition :—"Scarce a man escaped except those who crept
under their gun-carriages. and thus pot themselves out of
the reach of our men's swords. This was the moment when
a general was most required, but unfortunately Lord Cardi-
gan was not then present. On coining up to the battery (as
he afterwards himself described it), a gun was fired close to
him, and fora moment he thought his leg was gone. Such
WAS not the case, as he remained unhurt ; however, his
horse took fright. swerved round, and gallopped off with
him to the rear, passing on the way the 4th Light Dragoons
and 11th Hummers before those regiments got up to the bat-
tery." The version of the words complained of which be (Ser-
jeant Shea) was instructed to give, and which was the plain
meaning, was that Earl Cardigan was not when be ought to
have been, and, it not by accident, because he chose to
retie.
(The learned serjeant was still addressing the court
when our report left.]

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
OWEN O. WILLIANS.-JODOMENT.
In this Welsh testamentary suit, which was tried and re-
ported a few days ago, Sir C. Cromwell gave judgment to-
day. After carefully considering the evidence, the learned
judge pronounced for the will, but made no order sa tomato.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyd.)
IN an FINCBAN. —LONG DELA% IN RU.LINiNgh PROPNITT.
Mr. Sargood said that he had to apply to the court in this
matter, which was an old insolvency case, to enlarge the
time for the sale of the reel estate until the let of
September nest. The insolvency had taken place so
long ago as April, 1866. The insolvent had
to become the purchaser of certain property, but,s4
unable to complete, be had allowed soother person to become
the purchaser, he himself being a party to the deed, and a
memorandum being made that the insolvent bad a right to
redeem The actual purchaser. Mr. Foulkes by Dame, sub-
sequently transferred the property tease Muterroan, who set
up the transfer es an actual booa.tide sale, and the insolvent's
creditors were therefore *puree tly shut out from the chance
of redeensiog the property. which turned out to be of con-
siderable value. A meeting of crediton bad bean called,
and on application to the court a suit in Chancery bad been
authorised for the purpose of obtaining a declaration of the
iesoloest's rights. The court had aloe authorised the tender