The Express.
London, England, 1863-08-31 00:00:00

THE *EXPRESS, MONDAY EVENING, AUGUST 31, 1863.

two people, and it appeared to him that there were no
muds for coming to the conclusion that be was wilfully
sung what he knew to be untrue but if the persons he
sew were not Mr. Woolley and Crozier be was probably
mistaken. If the jury should, however, be of opinion that
this witness did see Mr. Woolley and Cruder at the time ha
mentioned, it was • matter well worthy of their most
serious consideration, because it showed at all events that
those moons were not speaking the truth when !bey stated
that they never left the house, and the jury would consider
how far this fact tallied with the other circumstances in the
cue I. support of the suggestion of guilt on their part. The
neat evidence of importance was that given by Woolhouse ;
and if they believed'his story with regard to the finding of the
clothes in the passage, it certainly involved • ver►
serious subject for inquiry. He must remark
with regard to this witaess that he could not be
mistaken with regard to the fact that be deposed to, and
be could not discover any grounds for imagining why he
should have come forward to tell a wilful untruth, or what
motive he could have had for doing so. If he really did find
the clothes there, it was, as he before add, • most Important
feet. They could net have coma there by any rightful
means, and the suggestion no doubt was, that the clothes
were worn down to this passage after the act of setting fire
to the house had been committed, and that they were taken
off there before going out to the back of the house, and the
material question appeared to him to be whether they could
playa reliance upon the evidence of this witness. The learned
judge then said that the question was purely oee of feet for
their consideration. The burden of proof was on the de,
tubule,. aid if they had not satisfied them by the evidence
they had brought forward, that the plaintiff bad wilfully set
this place on tire, they were not entitled to a verdict. He
reputed that before they could come to this cocchudoe they
most at the same time be of opinion that the plaintiff bad
been guilty, not only of arson, but of perjury, fraud, and
almost murder, these offences being accompanied by dire
ingratitude to his beat benefactor, Mise Cope. The point
involved was one of very great importance to the public
generally, and all-important to the plaintiff. They would
consider all the facts, and say what conclusion ought to be
arrived at.
_ .

Titepary immediately returned a verdict for the plaintiff.
Mr. Burin said the amount of interest would be 2774
16i. sd.

The jury said they gave a verdict far the plaintiff for
that amount also, making a total of 4,2771. 16s. sd.
It was understood that this verdict would decide the
other iosursoces. sad that the amount of the whole of them,
with Interest, would be paid to the plairitot.
Mr. &will, addressing his lordship, said it had been •
very long and arduous inquiry, and he asked his permission
frees jury to be paid a games • day, instead of the usual
fee of one guinea each for the trial.
Baron Bramwell doubted whether he bad the power to do
what was requested of him, unless both sides concurred.
He remembered in one instance when it had been done,
and • new trial was applied for on that ground.
Mr. Lush said be was quite willing on the part of the
defendants to consent to the proposition of his learned
friend

The jury were consequently paid • guinea a day for their
atteodance, waking a total of sixty guineas.
This was the last special jury cause, sod Baron Bramwell
then proceeded to moist in disposing of the rentatiog
COSMOS jury cease.

NORTHERN C IRCIIIT. —LivzitrooL, Auotrer 28.
Mu Puce Courr.—(Before Be. Jartke Mellor.)
JULDLIT O. COOPXR.—IXTRAORMART UM. CAM

The plaintiff was the Rev. J. 8. Pulley, and the defend.
ant Mr. Henry Ralph Cooper, a surgeon ; the action being
brought to recover damages for certain libels and slanders
prbirshed and spoken of the plaintiff as a clergyman of the
abut& of England. The defendant pleaded sot guilty.
Mr. Temple, Q.C., end Mr. Hay were for the pl►intiff ;
and Mr. Attorney-General James, Q.C., Mr. Mellish, Q.C.,
and Mr. J. A. Russell for the defence.

End of April, the defendant got up a requisition to Mr.
Gregory, the coroner, which wee signed by himself and
others, nephews and relatives of the captain, requesting
an exhumation of the body, and stating that they were
not satisfied with the reuse of death swiped.
Mr. Gruery said he could not grant the permission
without making further Mclnnis's, and accordingly be com-
municated with the polio*, who made some investigations at
Rampside, which were so satierfactoi7 to the coroner, that
he decided to refuse the apple:eat:in. Before, however, the
police had communicated the result of their inquiries to
Mr. Gregory—before even these inquiries bad been made—
Mr. Cooper, the defendant, wrote to Mr. Gedge, the pro-
prietor of the Bury and Norwich Pod and Suffolk Jierald,
on the 27th April. as follows :—"lxworth, Suffolk.—Dear
Sir,—Will you kindly insert the extract I send? I am one
of the requisitionists. The coroner has sent to the police iu
Leicestershire to make inquiries into the came. Of ream*
we stroogly object to his so delegating his functions. Opium
is the poison we suspect. You may, if you wish, add thee'
facts, as I know them to be true." The communication
purported to be an extract from the Leicester CAroniele, and
it was inserted io the Bury Post of the 28th April thus :

THZ LATE CAPTAIN BADDZLZT, OF WIGATON-BALL.
" A requisition was oa Thunder presented to J. OregolVi
I.eq., coroner for this district, signed by six et the above
gentleman's nephews, three of whom are medical men, mil-
ky:upon the commie to order the exhumation of the body
with a view to • pat-mortem examination and the holding
of an inquest. The deceased died at Itampside, in Lama-
' shire, and wee brought to Wigston for istannent. Tbe coro-
ner's decision is not yet known.—Leicester Chronicle. [Wei
undentand the coroner bee directed the police to make inqui-
ries into the case, a conne with which the requisitionists,
who entertain a suspicion that the deceased came to his
death by poison, are by no means satisfied.r This paragraph
—than which, the learned counsel for the plaintiff contended,
it would be difficult to imagine a more atrocious libel—was
extensively copied by the newspapers, and found its way to
all piste of the country. On the AU April the coroner com-
municated to the defendant the result of the inquiries by the
glicee:+Ldhis refusal of the requisition. On the 4th May
r. r called again on Mr. Gedp and told bins
that be written to the Secretary of State again, and
hoped still to get the body exhumed, and then he requested
Mr. Ledge to write another paragraph for the Bury Post,
which Mr. Ledge did to that effect, end which also stated,
" Much excitement exists in the neighbourhood, end vari-
ous reports appear in the Leicester papers, owing to the
circumstances of the deceased having Ind no medical
attendance befogs his death, and his property having all
been bequeathed to the Rev. J. S. Padley, is whose house in
Letesetenbire he died, to the exclusion of his relatives."
The learned counsel having challenged the defendant to
podoes any Leicester. or any other paper, in which repeats
appeared that did not originate with himself, reed ea ex.
trait from the Stamford Mercury of the Ist Mil, 1863, to
• similar effect as those already quoted, and which formed
ono of the libels complaired of, as it was found that it had
been funnelled by the defendant. In addition to this the
defendant wrote, on the let April, 1863, to Sir Geo. Grey,
Fiapplying for an order to exhume the late captain's body, sad
nly intimating his suspicion that death had been bettered
segisct, if sot by poison. The letter contained
many statements which were manifestly Isla', sad which
the defendant moat have known at the time to be so. Sir
George Grey referred the defendant to the coroner. A
second letter wee written to the Rome.office, on the 4th
May, 1863, in which the previous and other euspicicee were
reiterated, and in which Mr. Cooper requested a fall Se-
go iry. This letter Alan, it was contended, abounded with
falsehood as to the treatment of the captain by the Ped-
leys, end evidence would be called to prove that their at-
teatime to him were coetianous end affectionate to the
lett, and that the thlorodyee and the opium pills had hose
administered under medical instructions.

The Rev. J. 8. Padley was then called, but bad sot bees
is the box many minutes before Mr. Attorney-Garai
James anommeed that they had agreed to settle the cam.
The client iastructed him to say that at the time these
matters took place he many believed what be was writing.
bathe was sow perfectly satisfied that he had bees Manor,
and regretted exceedingly having given rise to this pro-
ceeding.

Ili lordship, though the regret was tardy, thought that
the advisers of Mr. Padley had acted wisely and
with poet forbearance, and be could not but hope that this
pub blic
that avowal on
Ridle y me ths partld of the defendant would do every-
thag Mr. . As • man,
was bapoy to think that Mr. Pulley bad satedclatTy with perfrothe
PltiY to Writ
and consistency, and he was happy t that
rev. gentleman left the court with the most absolute
freedom from any reflections sad imputations.

Mr. Temple ask that, as the action had net bees brought
for the sake of damages, a verdict would be takes for 1501.

A verdict war tAanforo retard for this amount.

L "Paley v. Ikea,' an action against a reporter and
newepepee oomeposclent for tbe publication of the same
libel in *dm papers. the defendant haring expressed his
regret, a juror was withdrawn.

only been nine month, in bushiest, and bad now retie-
guished it.
Mr. Leigh sentenced the defendant to a penalty of
10s. 05 each charge, makieg 10a., and V pay.
Bs. 6d. for ex-
penes, solicitors, and attendance of teatimes, or in default
three moths in the Hare of Correction ; on which
Mr. Hyam said that now the oases were decided, be felt
bound to say that he could bays established at least forty
more cases of a like character against the defendant.

LONDON BETrLNG.—SATuRDAY.
ST. LEGER.
9 to 2 Apt Lord Clifdes (I and of)
sto 1 Quegeren &ALA Cuff)
Ran (off)
16 3 to
to 1 Golden Pledge(loo to 7 wanted)
100 to 3 National Guard (t)
100 to 3 Blueroantle (t and an
40 to 1 Prstique (t 50 to 1)
40 to 1 Doonybcook (off)
40 to 1 Mopdor (off)
GREAT YORKSHIRE HANDICAP.
20 to 1 Apt Eerl of Surrey (t)
20 to 1 Cowle (t)
25 to 1 Myrtle (t sad off)
BETTING AT MANCHESTER.--SATURDAT.

ST. LEGER.
to 1 ipt Lord Clifden (t and off )
15 1 to 2 Queen Bertha (t)
13 to 2 Ranger (off )
13 to 1 Golden Pledge (off )
40 to 1 National Guard (1)
40 to 1 Blue Mantle (off )
40 to 1 Ropdor (off)
50 to 1 Prattque (1 and off )
50 to / Sacohatometer (off )
50D to 7 !Syntax
1000 to 10 W Dr. dga (I) (t)
1000 to 5 Don I.(t)
WARWICK SEPTEMBER MEETING.
Wzoirre Fos Tax Lwalscrros Smite of 23 smirch,
15 ft, sad 5 if &dared. Two mile eaves. (56 auto.)
Ale at lb Ale at lb
Dictator
Aurelian 6 Dandookl 5 7
The Knave 4 Bllthilehl
Maaat-Anal
Cariabrook 4 Cock Bahia 4 7
Zuleika
Twilight a 1 Bryn Maya
Baum 5 1 Wed Ind • 6
Lothian's Kim 5 12 Damao (Same 4 6
Flirtation
Turn of Ludo 4 9 The 011ie
Dulcibella
Costa
Stanton
Myrtle
II :
Berl of Surrey
Michel Worn 4 : =I. 5 0
Magnum Boman 4 6 Kabala
Balder 4 4 Goklem Dna 5 0
Amy 6 2 BarcbetUna
Faultiest 6 1 Anaticubm 3 11
Watchman 4 0 Double I
Ch
The
The Prophet 6 12 t lambttedidter—Poll
The Principal
Taunus
by LeopolMolly 4 9 Polynesia
I
4
Mr. A. fl d—owkaisy is a subscriber, bat did not UM&paid

llorrrOßD, AUGUST .29.--Amother small mark-t. T 1;
new wheat adoring Made last week's rates readily ; old,
though very dull sale, no lower. New oats offering, 1,,,t
not quotable. A few new barleys mode 375. to 3.44. per qr.
Nothing doing in beaus or peas. Wheat, red, per 1,,d,
to 28s. ; Asa, 295.; white. 265. to 2104.,• line, 30s.
ley, malting, per qr., new. 365. to 38e. ; ditto, grinding, old,
2& to 36.. Oats, coarse, old, les. to 245. ; feed, 22i,
to .265. . . . . .