The Express.
London, England, 1863-02-27 00:00:00

THE FXPRESS, FRIDAY EVENING, FEBRUARY 27, 1863.

Home Departemet whether, the home bar Mg rejected the
Liverpool Licensing Bill, he was prepared to introduce a gene-
ml measure for amending the homing laws.
Sir G. GREY was afraid that the rejection by the house
of the Liverpool Licensing Bill bad tended rather to retard
than to accelerate the introduction of a general measure.
There were several points to be °moldered with respect to
the bill in preparation, aid he could not give aby poutive
assurance on the =bigot.

ing all information with mirpect to the i
registration of
marriages should be produced by the priest, or tilled up in
his presence, and signed by the persons contracting the
Damage and not less than two witnesses. He also proposed
that the marriage should be registered within three days
an a penalty of 10/., to be recovered at petty sessions.
Sir R. PEEL wished to draw attention to this feet, that
in Scotland the proclamation of henna was made obligatory,
and be did not think the right hon. gentleman proposed to
do that in Ireland. He hoped time would be given for the
coneideration of this portion of the subject before the se-
cond reading.
After a few words from Mr. 31• CAN-N and Mr. Menne;
Sir G. BOWYER must say that the general principles
laid down by his right bon. fried.' were very good, but he
thought there were considerable difficulties in separating the
facts of a marriage from the other incidents connected
with it.
Leave wee then given, and the bill was subsequently read
a Grit time.

subscriptions to the " excellent publisher" for increasing
the eirculatioa of the paper? A series of articles and letters
had appeared in the lungs on the subject of this roisioa,
and Dr. Campbell, who was a public =II, had made the
matter public from his public discussion of it in his public
newspaper. The defendants finding that to be the case had
a perfect right to controvert thso plaintiff's views.
The Lord Chief Justice maid there could be no doubt of
that, but the defendants had no right to attribute motives.
Mr. Bovill concurred in that remark, and contended that
the article complained of was a bona fide expression of
opinion without malice. They bad a perfect right to doubt,
and to express their opinion that forwarding subscriptions
to the excellent publisher for copies of the paper, and
thereby increasing its circulation, was cot a MAIL for con-
verting the heathen. The defendants did not profess to say
that this was a scheme by which the plaintiff sought to put
money into hie own pocket, and the only question for the
jury was, whether the defendants had bona Me and
honestly disused the question.
At the conclusion of the learned counsel's address, the
further hearing of the case was adjourned until this
Friday) morning.

of 58, Burton-crescent, io the county of Middlemes, serjeant •
at law, the plaintiff in this muse, make cub and say :-1.
That this action was commenced on or about the second day
of May last, and that issue has been joined therein, and 1
further say that by an order made by the Hon. Mr. Justice I
Wightman in this cause on the 23rd of December, 1862, I
on the application of the said defendants it was ordered that
a commission should issue out of the honourable court for
the purposes as slummed in such order. 2. And I further
say that on or about the Bth day of January, 1863, • draft
g to be a commission out of this bonourable court
or tho purposes expressed in the abovemeationed order
returnable on the 30th of January, 1863, was as I am in-
formed and believed served on my then attorney, Mr. Boss,
but whether such a commission has ever duly holed lam
unable to say, and by the maid order it was
that the 12th of January was the earliest day on which
examination of the witness could commence. A copy of
such commission was sent to me by my said attorney oa or
about the 12th of January last. 3. I say that the defend.
ante' attoroeys have delivered copies of the in
on the defeecianni part, and interrogatories haerpfb lese:
delivered on my behalf . 4. That Thomas Pickford, Esq.,
her Majesty's consul at Paris, and M. de Laney, of No. 35,
Bus St. Maori, in the said city, are the commandoes's
named in the said commission ; and I say that both the said
commissioners were at the date of the said order, and ever
since have been, and now are resident in Paris, as I am in-
formed and believe. 5. That on the 13th day of January
last I arrived in Paris, under the expectation and with the
intent of being present at the opening of the said commis-
sion ; and for that purpose I took with me a great quantity
of documental evidence in order to meet the ease of the de-
fendants before the said commissioners, and to be exhibited
before them in evidence in rapport of my own cue, and I
say that I remained in Paris for 37 days in the daily expec-
tation of being called upon by the said 00ttIMilliOndISS to
attend before them with my evidence ; but I say that ou my
applying to the said commissioners on diffeieet days daring
my late sojourn in Perla, I was informed by them that the
commission had not arrived, nor had been delivered to
either of them at those periods, and that they were ready
and willing to act and commence proceedings under this maid
commission directly they received the special document@
authorising them to do so so. And I farther say that lam
informed and believe that the commission is yet in the bands
of the defendants' attorneys, and that the same is's° retained
by them for the purpose of delay, and that no step whatever
has been taken by them to forward the execution of the said
commission for the same reason, although I duly informed
the defendants and the said commissioners of my arrival
in Paris, and my readiness to commence the proceedings
under the said commission. 6. That on the second day
of February instant, after the time for the return of the
commission had expired, the defendants obtained an order
of the Hon. Mr. Justice Crompton, whereby the return of
the said commission was enlarged for three calendar mouths
from the 30th day of January until the 30th day of April
next. And I say that there was no reasonable ground for
making such order, or for extending the time for such return.
And I say that such order was made without a summons or
' any notice having been served on me, and without my hav-
ing any knowledge that any such application was being
made. That the said order wee made on the application of
the defendants, although without any opposition being made
on the part of my attorney, who informed me that he
stated that he had retired from the cause. I further
say that I was net informed of such order
having been made until the 7th of February, when
I received • letter in Paris from my late attorney,
informing me that the order had been made, and giving
me notice that he withdrew from the cause. And I say
that had I been informed of each application being about to
be made, I should peremptorily have instructed toy attor-
ney to have opposed such application. And I say that inch
application and order were made during my residence in
Paris as above mentioned, and that had I had any notice of
such proceedings, I should have !proceeded from Paris to
Loudon to oppose the same personally. 7. I say that I
have ever since the date and opening of the said commission
been prepared to proceed to the examination 'of the wit-
nesses and the other proceedings in the said commission.
And I mu that during my stay in Paris I have incurred
great expenses in endeavouring to get the said commission
with. That every possible delay has been
thrown in my way by the defendants, and by persons
acting, as I am informed end believe, on their authority ;
that I have been compelled to take legal opinions in Paris
as to the best way of compelling the defendants to proceed
with the said commission, and have incurred great expenses
which have turned out entirely nudes, on account of the
conduct of the defendant'. 8. That whilst mojourning in
Paris, in order to attend the said commission, I was arrested
on • flimsy pretext, at my hotel, on the 30th of January, by
three policemen, one of whom, I was afterwards informed
by • high personage in antheeity in Paris, was a member of
the Count de Persigny's rent polies ; that after being
dragged from the hotel I was taled by two of the
' policemen, who stuck their knuckles into my neck, and
caused me very considerableurin ; that they also dragged
me in • bridal and disgraoef manner through several pub-
lic streets, to two police statious, at each of which I nappli-
cated that some person should be sent to the English em-
beau (very near thereto) in order that 1 might receive aria-
tance or protection, but these police persons laughed at the
proposition, and treated it with ridicule. That I was then
pat into a cold and damp dungeon cell, the door looked, and
there solitarily confined SS S prisoner for several hours. That
my health was very much injured from the brutal treat-
ment and other disgraceful conduct which I then expe-
rienced, besides my clothes much torn by the police, and
although unaware of having committed an offence, yet,
in being brought before a commissary of police, I was
immediately discharged, having been lectured, and told,
forsooth, that I must be very cautious whilst in Paris
about my conduct, and avoid doing anything to cause my
future arrest. Why such intimation or threat should be
given to me as different from any other British subject,
I verily believe was on account of my being in Paris to
attend the said commission, issued at the special applica-
tion and request of the defendants Count de Ferocity,
Minister of the Interior, and of M. Billault, for the purpose of
themselves and other poison' being examined and cross-
examined as witnesses in this cause and action, and in short,
that my life and liberty were not safe during the time I was
in Paris owing to the hostility of the defendants towards
me, the improper use of their power as members of the
French government, and their desire to stifle all proceedings
in this matter and to prevent publicity thereof. 9. And
further I say that I believe there has been nothing to pre-
vent the said commission being proceeded with except the
dislike of the defendants to the holding of the commission
at the present time in Paris, on account of the disaffected
state of the French people and the exposures that may come
out on the holding of suchoommission. That the defendant' ,
and all the witnesses to be examined reside at or nor
Paris, and there is no reason whatever, save as
aforesaid, why the commission should not have been
returned by the 30th of January. 10. I further say
that on the 13th of February, 1863, I forwarded to the
defendant Count de Persigny, a notion written in French,
n translated copy whereof is annexed, and I presented a
corresponding notice to the defendant M. Billault. I for-
warded e said notices by putting them into the letter-box
of the district poet-office ; and although I believe that the
defendants received the said notices, they neither of them
took soy notice thereof, or communicated with me on the
subject. 11. And I say that I have been advised that this
cause may be brought on for trial at the ensuing spring
assizes, if the depositions to be taken under the said commis-
sion be returned and filed within the next fortnight,
and that it is my wish and inclination to bring on the
trial accordingly. And I say that it is essential for the ends
of justice in the use that I should be enabled to try the
ease as soon as possible." (The notice referred to in the
affidavit was an intimation to the defendants that unless the
plaintiff beard from them before the 17th February, fixing •
day for the opening of the commission, he should move the
Court of Queen's Bench for the suppression of the commis-
Moo and for liberty to proceed to trial forthwith.)
Mr. Justice Wightman (tolthe defendants' solicitor)—Do
you wish to answer that affidavit!
The Solicitor—lf you please.
Mr. leent Glover said he was in his lordship's bands,
and would bow to any decision he might make.
Mr. Justice Wightman then ordered the affidavit to be
filed, and adjourned the further hearing of the case until
Monday.

TRAFFIC RETURNS.
ILAILWATI. Mlles Pas- Mar- Total, Total,
open *engem ehandlao Ism 1861
Wank ending Feb. El. A i A A
Stockton and Darlington . 188 679 8,612 9,351 7,918
Week ending 10b. V.
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