The Express.
London, England, 1865-12-18 00:00:00

THE EXPRESS, NON DAY EVENING, DECEMBER 18, 1865.

LAW INTELLIGENCE.

MILTROPOLITLIf COUNTY COURT&
tletthsg days annotated toe the preeent week.)
Wwelsrlxnna, Si. Maids's.Wm—Monday, Dee. 18 ; Taudal,
19 Wednesday, 20.
ISLOOKSIMIT. Portland road.—Wednesday, Dec. ; Tharsday,
. Friday, 22.
Deourron, Whltelteads.grove.—Theeday, Dec. 19 . Wefts&
day, 29: Friday, IL
I..l.unciuswaLt. Dancanderrace.—Wednesday, Dec. 20; Thurs-
day, 01 • Friday, IL
Bnontorrat, Oldetresteoad.—Theedey, Dec. 19: Thurs-
day. 21.
how, BOW-rout —Monday. Dec. 18 Wednesday. 20.
Wansciarra. Greet Preecetwlrset.—Wednesday, Dec. 20:
Thursday. 21 : Friday, et.
80011111A114 Bwasketreet.—Tnesday, Dec. 19 Wednesday, 00;
Friday,
GR! Wedanday. Dec. 20.
WootwicH.—Thuraday, Dec. IL

COURT OF QUEEN'S BENCH.—Dre. 16.
After Term Nisi Peas satins
en it Guildhell.—(Before the
Laird Chief Justice d Special Jury.)

THE FENIAN TRIALS AT Cush.—At the sitting
of the court os Saturday morning, Judge Fitzgerald asked I ;
crown counsel in what manner they considered overt sets
alleged agaiset the prisoner had been sustained in evidence.
Counsel were heard on this poiat. Judge Fitzgerald said,
having =dully considered the caae on the previous sight,
the court had come to the conclusion that as there was no
evidence tosustain an overt act cn the part of the pit.;
weer after the tender had arrived in port, they would
direct the jury to acquit hint. A verdict of acquittal
was returned. The prisoner will be detained until the
/dose of the communion, to give, the crown an
opportunity of considering what course to adopt.
Charles Underwood O'Connell was then put for-
ward and arraigned. Mr. Butt challenged the array
of jurors, on the ground that it was not fairly and
impartially constructed by the sheriff, and that then
was an undue preponderance of protestant. over
Itoman catholica. The numbers, be stated, were is propor-
tion of about eight to one. The crown joined lento. Triers
having been appointed to decide the issue, they found that
the panel was fairly and impartially returned. The court
then adjourned until this morning.
Txe Escape or STEPHENS. —Saunders' Netrs
Letter, is its third edition of Saturday, say. it Is rumoured
that Mr. Marquis, governor of Richmond Rridewell, has
been dismissed, by order of the Lowl.Lietiteaant.
The Ereiting Mail states that the Lord-Lieutenant has
Wawal to appoint a commission to inquire into the neaps of
Jams Stephens, and has signified his intentions of removing
from the board of superistendence the power of appointing
interior of
Du BARRY'S DZLICIOES HEALTH RESTORING Re.
esuurra AltAlgiCA ruin curs, without medicine or inconve-
nience, o'llo*ns (indignation', tough, asthma, consumption, de-
bility. constipation. diarrham, dysentery, nervous, Wilma, liver,
and stomach complaints, and saves fifty times Its cost in
other remedies. 50.00) cures annually. - Po Barry and Co., \o. 17.
Ragent-street, London, W. in tun, at is Ild. ts. of.
22e.: tilt.., VOL aim at tit, Gracetharch-street: Cheap-
aide ; ea. 160, and PK Oalord4treet: sad at all Oroceta--1 Weer-
lloornt.l

&bunt 19 years 'if age, and it was arranged that i
u soon es he bed the me.ine of supporting
her thee should be married. Ho bad received a medal
fee his Peewee sad Indian services. lie described bow iu
1639, be received an injury in mounting a restive horse,
when he feinted sway and had to be immediately attended by
the doctor. He bad suffered from fever ague, dyrentery,
sad diarrhoea. and be was invalided home. Nothing irn•
proper occurred between bins and Mies Clarke before the
marriage. In Mardi, it was suggested that the marriag
should take place co the 3rd May, became Mr. and Mrs.
Wood wanted to leave Wales and get rid of klim Clarke, but
be did not feel himself well enough. He informed Mr. Wood
the state of his health end how he was suffering. Mr.
Wood condoled with him, and hoped be wouldeoon get better.
Something was afterward' said about their being married in
November, if he wu not well enough on the 3rd May ;
he got mush worse, and • &faculty arose se to hie finding •
residence for Min Clarke till November. Her mother would
not receive bar, sod his could not. He was not strong
encash in the beginning of May to marry. Mr. Wood
noticed how ill he wee. and advised him to marry, so that
his wife might be a nurse to him. Mr. Wood a
anxious that he should marry, and the following day
Wood went with him and got • license for the marriage on
the 17th May, and oa that day he was married by Mr.
Wood. He told him that none of his relations knew that
he was about to get married—that, in fact, they did not
wish him to marry. He was not et that time suffering
from the disease referred to ; be only had marital
intercourse with his wife on the night of the) marriage.
The day after the marriage his wife expressed her suspi•
Mons to him and he laughed at the idea. After they left
the Mumbles be went with his wife to Mr. Wood's: be was
unwell sad Mrs. Hill complained very much of pains. She
was never dangerously ill. There wee company at diaper
when they returned to Mr. Wood's, and she dined at the
table and drank champagne and wins. Whilst he was
there he and hie wife slept in different rooms because be
was unwell. She used nut to come to him for days and be
heard of her from Mr. Wood. Dr. Steel was called in and
be said he thought he (plaintiff) was suffering from the dis•
ease, but plaintiff told him he had never had it, and hoped
he would not give him mercury. Not being satisfied with
his treatment he wrote to his own medical men,
Dr. Sharpen ; he showed the answer to Dr. Steel.
and he then adopted Dr. Sharpen 's treatment, which
was for the injury he had sustained in India, and Ise
gradually got better under the treatment. He positively
denied his wife's statement as to his improper conduct
towards her. When at the Exeter-hall Hotel he wished his
wife to go on to Bedford with him to see his mother. Mr.
Wood interfered. She declined, and in the °Teeing she
went to the theatre with Mr. Wood. He went out for a walk,
and then came beck and went to bed. The next morning he
went out and purchased his wife a few preeente, end then
they went to Boulogne. Mr. Wood accompanied us es far
an Boulogne and left us. They were et Boulogne for •
month, where he and his wife got on very well. He never
slept with her after the hest night, and be was not aware
that she was enceinte.She wore r largecrinoline et Boulogne.
Mr. Wood returned the day before her confinement, and •
room wee prepared for him in the same house. His wife
was confined on the 11th August to his greet astonishment,
for he bed not had the slightest intimation of her being in
the family way. They had gone out for • drive in the day,
and had dined together. He thought it was cholera at first,
and be directed the servants to make linseed poultices. He
wished to call a doctor. but hie wife desired that be should
call in Mr. Wood, and be went into her room, end remained
there until the doctor came. The doctor came, and said,
" Your wife ie oio to be confined ; beer up and have cou•
rage, for the child would would not live, as it would be • prema-
ture confiosment." Plaintiff was horrified when he beard
it, and be would not at first believe it, or the
age of the child when it was born, and be sent out
for another doctor, and then found it was true. Ho than
became ill, and bad to be attended by a doctor. Mr. Wood
remained until the beginntog of September. Mrs. Wood
was not with him. Mr. Wood and Mrs. Hill were very
much together after the confinement. There were days in
succession whilst she was in bed that he did not go near bar,
being shocked at whet had happened. When she got up
again he behaved polite to her, but he wee not on friendly
terms with her. He denied that he ever threatened his wife,
or attempted to force bimetal( upon her. Mrs. Hill fre-
quently wrote to Mr. Wood, and on learning it it aroused
his suspicions. He expressed a wish to see the letters, sod
they were occasionally shown to him. Mr. Wood's last
visit to Boulogne was unexpectedly and early in the morn.
iug, and Mrs. Hill got up early to meet him (between six
and seven o'clock). Mr. Wood's conduct then
headr
Hill was very marked and familiar, and such as not
like. On one occasion he forbade her going out with Mr.
Wood, bat she persisted. Witness locked the door
to prevent her, aid Mr. Wood jumped behind
the chair and rams the bell, because he was afraid
he was going to be attacked. Ma. Hill in
the mean time opened the bedroom door, and slipped down
the staircase ; be opened the other door and called to the
servant to lock the street door, but they mused to get
out and remised out some time. After this he forbade
Mr. Wood the house. Mr. Wood said he did sot know
why, for be had been his best friend, and that he was very
ungrateful to him. Plaintiff thee said he bad seduced his
wife, and that he had been continually making mischief be.
tweee them, and that if he did not leave he would kick him
out of the house. He pushed Mr. Wood towards the stairs,
and as he was going down the stairs he tAil the landlord
that he would be revenged on me, and go to Mr. Bannister,
the lawyer. lie had had nothing more to do with Mr. Wood

BILL V. YINNLFT.
This was an action of negligence against an attorney rela.
tive to an estramdinary suit in the Divorce Court. The
defendant pleaded no* guilty. • general donut of the cir-
carotene., and that the plaintiff bad no good answer to his
wife's petition for • judicial separation.
Mr. Coleridge, Q.C., Mr. Maul*, and Dr. Tristram
were counsel for the plaintiff ; Mr. iieralake, Q.C., and
Mr. Watkia Williams were counsel for the defendant.
Mr. Coleridge, in stating the plaintiff's case, said they
were about °peeing an inquiry of • mast singular,
painful. and distressing character, and in doing so be
would endeavour to make it short and clear, and keep,
is justice to his client, all that was unpleasant
and disagreeable oat of view. The plaintiff is
a captain in the Bombay army, and the defendant is an
attorney of respectability and highoharsater,and the action
was brought to recover damages for • most cruel injury
inflicted—be would not say intentionally, but by the
defendant's ignorance and neglect. And when they
heard the injury that had been inflicted u
the plaintiff they would no doubt be of opinion that
the Foglia, language hardly contained words strong enough
to express the 'Diary be had sustained thereby. The plaintiff
was now '29 years of age. He was a gentleman of Lundy,
well connected, end he had bees from his early years
brought up for the army. He was educated at Liege, gad
be afterwards studied at Addison:be. and in 1855
be obtained • communion M the Bombay Cavalry,
and proceeded to India. In that year when
at Boulogne, he made the acquaintance of Miss
Annette Clarke, whom he afterwards made his wife. She
was then very pretty, and was about 17 or 18 years of age.
An engagement took place between them, and he went to
ledia, with the understanding that they were to be mar-
ried. In 1656 he was sent with his regiment
to Persia, where he served with distiuctioo,
under General °atom, and be was recommended for, but
somehow did not obtain, the Victoria Crone. In 1857, when
the mutiny broke out in India, he served with his regiment
at Musserabad. He was in seventeen or eighteen engage-
manta, and be was repeatedly mentioned with credit and
distinction in the dispatches, and he bad before
him a brilliant military career. In 1859 he was
ill from the effects of the climate, and in the winter of
that year he returned home on sink leave. At Homburg
on bin way borne he met Kim Clarke (who
sta had had some
eepleasantness with her mother), who was ying there
with the Rev. Mr. and Mrs. Wood. They bad taken very
much to Miss Clarke, and when they left Homburg they
took her with them to their residence in Wales.
In the early part of 1860 the plaintiff went on • visit to
Mr. and Mrs. Wood, but as his health was bad he only re-
noised there for a few days, though on the whole it was
improving. According to arrangement they were mar-
ried on the 17th of May in Wales, by the Rev. Mr.
Wood, and from thence they went to the Mumble', and
from that they again joined Mr. and Mrs. Wood. He was
extremely ill, and Mrs. Hill was also unwell, and from
Wales they went to various places, and afterwards to
P.oulogoe. tiefortunately the circumstances in connection
with thin paint al CAW) had been twice dimmed in the
Divorce Court, but he (the learned counsel) should
only trouble the jury with vet,' few of them. It
would appear that on one night only, and that on the
wedding night, the 17th May, did marital intercourse take
;dace between them ; but on the 11th of August, at Bou-
logne. Mrs. Hill was delivered of • six or seven
months' child. Mr. Wood, who had followed them
to Boulogne. was living in the Louse with
them, and he was there when the secouchement
took place, and after some abort time he left. Nothing
would affect the defendant that he was not aware of.
They would hear the state the plaintiff was in and bow be
conducted himself whet he discovered that his wife had
boa confined of • child three mouths after their marriage.
Mr. Wood, however, returned to Boulogne in October,
and the plaintiff being excessively dissatisfied with what he
saw taking piece between his wife and Mr. Wood, he used
as mach violence towards him as one gentleman could to
:mother who, from his profession, could not return it, and
Mr. Wood was driven from the plaintiff's house. The
plaintiff then rims to London to consult his attorney, and
whilst he was here he was surprised to find that his wife
11,11dt Boulogne and had gone to Mr. Wood's house,
where, from that time to this, she had remained. Mrs.
Wood, be should Worm them, was between 60 aed 70 years
of age, and Mr. Wood was between 30 and 40. The plaintiff
then tiled his petition in the Divorce Court for • divorce on
the ground of her having committed adultery with Mr.
Wood. There was a cross petition by Mrs. Hill for •
judicial separation on the ground of the husband's
cruelty. The suit for the plaintiff came on for
trial first, and although it was not stated in
the pleadings in that snit, it wag suggested COURT OF EXCHEQUER.—DEC. 16.
in the course of the trial that the plaintiff was the
father of the child, having seduced his wife in the CLIFTON r. SOWAT.
January before she was married, and that he was endeavour- This was an action fora libel arising out of the late elm-
tog to fix on Mr. Wood the paternity of his own child. The tion for Nottingham. The defendant pleaded not guilty.
learned counsel thanked God that we did not live, he hoped, Mr. Digby Seymour, Q.C.. Mr. Wills,
Q. C., and
Mr. Mee-
Cox
amongst persona of that description, for nothing could be appeared for the plaintiff ; Mr. Hawkins,
more infernally wicked than conduct of such description. does White, and Mr. Tindal Atkinson, for the defendant.
If the plaintiff was really guilty of the conduct that bad When the case was called on,
been attributed to him, a greater scoundrel could not exist The Lord Chief Baron threw out a suggestion that, as no
under God's Heaven, or a man more unworthy to bear the justification was pleaded, the case was one in which an ar-
Queen's commissioe. In the Divorce Court neither the me 'segment might be come to between the parties.
titioner, nor the respondent, nor corespondent could be Mr. Digby Seymour said his chest, Sir Robert Clifton,
examined on oath, and from the evidence adduced bad placed the matter entirely in his halide, and he was
before the jury in that court they were left to draw in. prepared to accept a complete apology and retractatios.
faience, from the statements of persons who could not - dlr. Hawkins said he was instructed to withdraw any int-
know what really was the state of the case, that before putatiou which Sir Robert Clifton might suppose the article
the plaintiff was married he had been tainted by disease complained of made upon his private character.
which be had communicated to his wife. and that Mr. Seymour observed that would not be sufficient, as
from that disgusting cause they afterwards lived miserably there weriserious charges made against the public character
together. The learned counsel then proceeded to state of Sir Robert Chita', from which he desired to vindicate
the charge that was made by the wife against the plaintiff ' himself.
of repeated attempts made by him after the birth of The Lord Chief Baron said the libel contained imputations
the child. The jury however were not satisfied that adul- on Sir Robert Clifton's public conduct at the election,
tery had been committed by Mr. Wood, and they gave • which, if true, would be exceedingly derogatory to him.
verdict for the respondent and co-respondent. There then After some further conversation the trial proceeded.
remained the wife's petition for judicial separation on the Mr. Seymour, in opening the case, said that previous to
ground of cruelty to be disposed of. The defendant knew 1861 Sir Robert Clifton. the plaintiff, was residing with
that the wife by her petition charged the plaintiff with Lady Clifton on the continent, with m
the object of retrench.
being diseased and having communicated it to her, and meet in his expenditure and paying off the incubratica
the first suit having gone against the plaintiff the defen- on his estates, but in that year he came beck to reek% at
dent was very anxious, as be was during the progress of the his ancestral house near Nottingham, aed signified his in.
&strait. that the plaintiff should withdraw and compromise Motion of becoming at the earliest opportunity a candidate
the wife's suit, and on the 19th June, 1861, there was for the representation of that borough. In the acme year,
• meeting at which the defendant end plaintiff were pre when Mr. Mellor, who bad represented the borough,
sent, and certain members of the plaintiff's family, and it was elevated to the bench, Sir Robert Clifton offered himself
wan discussed what could best be done for the honour of for the vacant seat He had opposed to him Lord
the family, and for the interest of the plaintiff and hie wife Lincoln, now the Duke of Newcastle, both being
with regard to the petition for the judicial separation. The members of families long connected with the historical assn.
defendant was extremely aniline that the suit should be ciations and incidents of the county. A battle was fought
compromised, and he premed upon the plaintiff the noose- and ended in Sir Robert being returned by a majority of
shy of compromising it and not having it tried in open 1,300 votes. From that time until the general election in
court. The plaintiff was very reluctant to do so, and he July last he attended to his parliamentary duties, ores-
frequently said that nothing on earth would induce him to Meetly seeking repose at his old ancestral seat, where he
do so if any evidence was to be gone into, but if an arrange- and Lady Clifton dispensed • generous cod unostentatious
meat could be made whereby the judgment might pass, as a hospitality. At that election he again offered himself to
judicial separation only was wanted, without going into the elector', the other candidates being Mr. Paget and Mr.
evidence, he would have no (Adman to do so. Morley, who stood in the same interest, and Mr. Martin, who
The defendant told him there was no doubt represented the polities of another party. It was a very ex-
it could be done, and upon his assuring the plain- citing contest, giving rise not only to strong expressions of
tiff that it could be dote, the latter gave him his party feeling, but also to serious riots and disturb-
authority to do so. When the case came on, the late Judge asses. The election ended in the return of Mr. Morley
Ordinary (Sir Croswell Cromwell) refused to grant an order and Sir Robert Cliltos. On Thursday, the 13th of July,
without erideace, and then the wife was called and made • the day after the declaration of the poll, there appeared in
positive allegations sealed her husband's viaduct towards I the columos of the Patriot. a London newspaper of which
her, upon which the decree was granted, the learned judge the defendant is the publisher, an article seriously reflect-
making some stone comments on the plaintiff's (*oda*. I ing on the conduct of Sir R. Clifton. This journal de-
The plaiotiff. according to the arrangement made, was not • scribed itself as • family newspaper, and was tbe organ of
present, and there was no evidence to rebut her statements, I the coogregetioeal or denominational rection of dissenters,
and this was the oegligetios charged against the defendant. I among whom there were in Nottingham a large number of
The evidence of Mrs. Hill having been published in the I Sir Robert's supporters. The fellowieg were the teems of
newspapers, his Mesas had shown a difference in their con- the alleged libel : As we assured our readers last week,
duct towards him. After the trial the plaintiff applied for ! Mr. Morley has ended his contest victoriously. He stands
a new trial, but the court refused on the ground that his at the head of the poll. Bat for the unpopularity which Sir
remedy was by action against the defendaot for negligence. Robert Clifton's agents excited against Mr. Paget, Mr.
The plaintiff then went to India to tote his regiment at Morley's colleague, and in which he shared, him return
Poosekt, but when be got there the ommendicat-officer and , would have been carried by an overwhelming majority. The
his nessamates gave him the cold shoulder. The popular cries against Mr. Nest have been ontralemily
Secretary of State for bilis bad signified his totalities of false, but the exasperated passions of the populace ridiculed
removing the plaintiff from the service, and had only bees ' any attempt to allay or enlighten their madness. We re-
induced to delay it in order to give Captain Hill an oppor- gret that this honourable man bee bean compelled to endure
Welty rat vindicating his character. This action bad there these calumnies, and now, at length, to endure defeat at the
fore been brought for that purpose. hands of • desperado sod lawless rowdy like Sir R.
A number of witness/a, including several medical men, • Clifton. The town of Nottingham bears no enviable fame
were called, aril negatived any disease or symptoms of dis- ,so long es this baronet is its representative. And Mr.
ease. What the plaintiff suffered from move from an ac- ' Morley. despite the pleasure of his success, most feel a deep
eldest from the pummel of his saddle when riding in India. ' loathing at the unnatural alliance into which his name is
The child was healthy, but died three days after birth. now thrust, for the &Manes can go no faither than the
The chemist at Boulogne ..id that on one occasion Mr. jolts-position of names." After referring to theguttine by
Wood called on him and told him that • suit was coming the mob of Madera. Morley and Paget's committee-rooms,
on, sad that if he was examined he was to say that the the writer proceeded—" It is likewise reported that some
medicine he made op for the plaintiff was for a certain iroolarities of • hateful kind, such se the impersonation
disease. I of absent and dead voters, have swelled Sir Robert Clifton's
The evidence liken under a esineniesion and need in the majority, and the rapid rise of his numbers daring the last
two suits was put in and read, as was also the proceedings hour indicates a premium which was not derived solely from
in the divorce and judicial separation suits. • moral inflames. A keen scrutiny will be made, and
The facts of the case involved details of • very digesting these awkward doebta solved. There is, at least.
character. groaod to hope that, notwithstanding the bullying and
The shorthand notes of Mrs. Hill's evidence in the coward insolence of Sir Robert Clifton, his cause will be
judicial separation suit and the Judge Ordinerv's summing lost, musk amid Weenies practised on timidity of the election.
UP were also put in and Taal It would spoor that Mrs. baser if not mere violent than those practised before it"
Hill was never examined by • medical maa, but only eaves The article concluded thus :—" We are grateful to Notting-
statement of the emplane under which she said she ham for relenting Mr. Morley to parliament, and are
suffered • and one medical man in the divorce suit stated aggrieved that the good IMO who have thus honoured than-
that the'plaietiff was suffering from disease. raves to honeetriag Mr. Morley should be madalised by his
The plaintiff, who was wagering from illness, was called— ceejanetion with Sir Robert Clifton. Another day may
He said he was the eon of a clergyman, sod his mother detect imposture in this ephemeral return, aade show
ems a niece of Sir George Willoughby. When he first Clifton's majority to be • sham. If sot, soother ct
met Mir Clarks oho was about 17. and be was must wipe away this arissocritio mionast. sad Mime

since.
By the Lord Chief Justice—Mr. Wood never said any-
thing to me about the ate of the child. He told me that
he had written to Mrs. Wood to say that my wife bad mis-
carried.
The further bearing of the case was then adjourned until
I Monday.

1:1101111
sod,(

with Mr. Morley him worthy colleague, Mr. Pag which were as mischimoas as if theycarried on the business
The learned counsel said that in another part of the same lof • highwarnaa. The if
which the jury took of •
paper there wen • report of the riotous proceedings at the case on the previous evening -he did Lot say whether they
election, in which it was said that, so far from enuouragi lig ' were right or wroeg-was founded upon each an impression.
the rioters, Sir R. Clifton waited upon totem aym, and There was a prinaiple in the law of England, that freed
claimed assistance for the protectiea of hie To who were ol every kind cat down all contracts and all
prevented by his °ppm:eats from going to the poll. In con- rights. The Brat thing to be done was to madmen fraud.
elusion, Mr. Seymour commented on the canons character I Timm was • law quite independent of the common law or
of the libel, and said that Sir Robert felt that, in the the statute bew-there were rules of conduce which every
absence of a complete apology, he could only justify him- man was bound to observe, and if a man sinned against
self by coming into court. them, though he did not break the law so as to be the sub-
The follow's, eo°. was then given : ject of punishamot, be broke the law in the eyes of those
Sir Robert Clifton, the plaintiff, called, said-I am the who considered that the general interests of society were
owner of Clifton-hall sad Wilford Manor, near liottingh
sm. mixed up with the virtoons coaduet of every member of
Io 1861 I was returned for Nottingham at the heed of the that eociety. He violated the social law as much as if he
poll my opponent being the present Duke of Newcastle. I picked • pocket or forged a bill of exchange. After some
cootested Nottingham at the late election in July. Mr. further remarks, his lordship left the jury to consider their
Paget joined Mr. Morley u a candidate in the field. There verdict.
ems • conservative candidate. I received considerable sup- The jury retired to their room • and, after an absents of
port from continuative& The declaration of the poll was about tea wheaten, came into court with a verdict for the
on the 12th July. The next day there appeared the article plaintiff-damages, 501.
he the Patriot, which was the general topic of conversation
in Nottingham. (This was all the evidence the plaintiff
was called upon to give.)
Crossezamiced-The committee room of Messrs. Morley
sod Paget was gutted. In the opposition paper (the
Nottingham Express) I was charged with being the ink.
gator of the attack on that occsaion. I was also charged
in the same paper with being the instigator of Koine pre-
vious riots. It re ted • small clique in the town who
liersistently attacked me. At • meeting at the Walnut
TTree Inn I did not my all the opposition to me was owing
t' my bolos too honest for my colleague, Mr. Paget. I did
not charge "No. 30"-" the nominees" (the magistrates)-
with having, armed with stones, fic., held a holeond-corner
meeting at the Exchange. I may have said at • meeting
"Shame on the mayor, shame on the magistrates ; damna-
tion to them." I afterwards altered the word donna-
time to condemnation. (Laughter.) When I said
damnation to them I don't think there were
three cheers. The meeting oonaisted of electors and non-
electors. I do not recollect seeing the placard produced
with the words, "Sir Robert Clifton's dying blessing.
Shame on the mayor, shame on the magistrates ; damnation
to them."
The Lord Chief Baron-Probably if he had seen it be
would have said to himself, " Some enemy has done this."
(Laughter.)
Crosseexaminatice resumed-I have not brought en action
against the Bolthigham Express, though it repeatedly
made charges agaiust me. There were all sorts of slanderous
and libellous attacks upon me in the Express, but everyone
in Nottingham knows what that paper is, and they did act
injure me. This paper might have charged me with being
the instigator of the attacks by the mob.
The Lord Chief Baron wished to know what was the
object of the crossoxaminatioo.
Mr. Hawkins said his object was to show that charges
quite as strong as them in the present libel appeared in the
local papers.
The Lord Chief Baron-It is to me quite a new mode of
proving the truth of • libel, by abataioiog from pleading
a justification and putting in evidence libels of the same
kind published by other people.
Cross-examination monied - I did not ray at the
Mechanics'-1101 to the mob on the nomioationday, "If
they went sod pulled the house down it would serve them,
his opponents, right," moaning the house where Morley
and Paget's committee-room was. I might have said that
they deserved to be treated as they were being treated.
The mob did not immediately afterwards attack the house.
I did not speak in a loud tool of voice, but only to some
one who wan standing by at the time.
Mr. Hawkins said be proposed to prove these and other
facts at the election, in order to show that there was no
malice on the part of the defendant ; and secondly, if not
to establish &plea of justification, which did not appear on
the record, to show that these were all acts of public con-
cern, on which the public press had a right to comment.
The Lord Chief Baron-Theo you ought to have pleaded
the statute and claimed the privilege given under it.
Mr. Hawkins-I submit that this evidence may be ten-
dered under the plead not guilty.
The Lord Chief Baron-I think not.
Mr. Hawkins-I also propose to put in similar articles and
comments, which were publicly circulated in Nottingham
before the libel complained of appeared.
The Lord Chief Baron-I most certainly object to such
evidence being given.
Cross-examination continued-I might bare said they
(his opponents) deserved it, but not publicly. I did not see
a man
pieces with
wood. a picklaxe, bat I saw men with sticks sod other
of cannot say whether the stones were
taken out of the walls of the house. The furniture was
taken out, but I did not see any carried about with my
colours upon it. The taking out the windows end the
carrying away the furniture was the treatment which I said
themight bare deserved. I was as pool as most persons
could be under the circumstances. When I said " damns-
Woo," I was not excited. I used that word from failing at
the moment to find • proper one, but I substi-
tuted another afterwards. I did not say on the
hustinp on the nomination day. "ru clear this
- platform." I said to some partisans on the other side,
" Pray be gentlemen and give the speaker • hearing as you
wish us to hear you." Ooe man took out a knife rod swore
to rip me up. I kou't know his name. I was told be was
an inspector of the markets. I did not say, soaking of Bur-
kin's house, that " I would have the - place down." I
never said of Jemmy Sweet, who at the former election was
ow of my supporta+, "I new knew a geoid:mem who de-
serted to the fen who was not branded as a villain and
crushed like a soaks." I do not recollect a lady in the
crowd exclaiming, after that speech, "Amen ;" nor did I
reply, " Jemmy must take the sweets with the sours.l
believe Jemmy Sweet's shop was attacked, but 1 don't
koo a whether it was after then or not lit
not make
him the subject of my speeches more than he did me the
subject of his. (Leughter.) He used language to me
which I should have been sorry to have umd against him,
and next night I replied to hie attack..
The Lard Chief Baron-I don't think we oaght to hays
all the humours of the election brought out.
Cromeexamination resumed- I did not bay that Jemmy
Sweet deserved what be got on the day of the election when
his shop was gutted, but I said he bad brought it all on
himself. I did not drive in front of his house when the
attack was going on, but I passed along • contiguous street.
People did not follow me carrying parts of Jemmy Sweet's
broken furniture. I was always followed by a crowd. The
mob had small sticks, but whether they were taken from
his furniture I cannot say. I know nothing about his fur-
niture. On another occasion I did not say when the mob
was gutting a house, "Go it lad,," and a gentleman did
not exclaim "for shame Sir Robert." I did not on the
hustings, on the nomination day, put myself in •
fighting attitude to any one, nor on any other
occasion during tbe election. I did not require
the Patriot to make au apology upon my own terms, but I
placed the libel in the hands of my solicitor to take what
steps he deemed necessary.
Re-examined- I left my solicitor and my private Meads
to advise me upon the matter. No such charges as those
contained in the Nottingham &press were made in any
other newspaper I know of. That wee a pacs-r committed
to my opponents, and noted for its strong language.
During the whole contest I did nothing to encourage the
mob to break the peace or to injure property.
That was the cage for the plaintiff.
Mr. Hawkins said it was his intention to give evidence to
show what was the conduct of Sir R. Clifton during the
election, and in the next place evidence of newspapers con-
tainiß.ng similar imputations to those io the Fab iot against
Sir . Clifton, with the view of proving that his proceed-
ings were the subject of public comment.
The Lord Chief Baron held that the evidence was not
admissible.
Mr. Hawkins then addressed the jury for the defendant.
He disclaimed any intention on the part of the editor of the
Patriot to attack the personal and private character of Sir
Robt. Clifton, but contended that when charges against
Sir Robert were being continually made in the Notting-
ham newspapers ss to his conduct at the election without
his taking any notice of them or calling the authors to
account, the conductor of a public journal was juatified
commenting upon his proceedings, which formed a topic of
general discussion not only in Nottingham but e
riot lse-
where. Instead of proceeding against the Pat,
Sir Robert ought to have selected for attack one
of the Nottingham newspapers, and vindicated his
character in the locality where be was best known, and
where, according to his counsel, be dispensed a generous and CORN.-CASOMIDOIL DEC. 16.-We am quote no
unostentatious hospitality in his old ancestral halls. The lion is prices to-day. Wheat, 445. to 48e.; bark)
learned counsel submitted that under the circumstaoces 38..; oats, 25e. to 295.; beans, 40s. to 48s.
aaweialletoeseirdouot
Chiefof damagessims.
inwou suldff.mieengt the
u. jmadusticethoef
fitmhe
sc.whea,CldeatiLt oats, and
lust week's rlalttiTlTt.hoeurtirem.warasdkebtauntaiy.vmerage
znire.l7l
question the jury had to determine was whether the article , weed, at fully last week's quotations. Pikes :-
6d. to 21s. 64. ;ditto, red, 17s. Gd. to
was a libellous publication, and if they thought it was, they I white, des.
would next have to say to what amount of damages the barley, lls. to 124.6 d.; beans, 16e. Gd. to 171.3d.7
lisle bushel. Flow and meal without change.
plaintiff was entitled. Both questions were purely ones for
cnneasaic.
16.12._peiLqrs.giappflayvoatir
wofhasiket
a jury. He owned that at the outset he expected there would COLCHlerrii, Dec. 16.-i small sup 1 of I
have been such an apology as • gentleman could have ac-
being !
klatrterof bar. ley. The former
. realised late yrates,w,
caged, but the apology offered fell short of that,
merely a declaration that the defendant did not mean to toolmy
attack the plaintiff's private character. Mere abuse was GUILDTORP::
not a sufficient reason for of • public beneath the notice man, whether • statesman, ' lent. and foe which than wall a more general demand,
• judge, or an advocate; it was about last week's priors. Barley also met • better -
a man of chancier and fair fame to bring an action ape cats, s ; late velum.
to 29.. Wheat, 38s. to 58a.
pa", 38s. to 40s, ; betas; 425.
,- barley, 26a.
but when partictular imputations of both a public and pri-
vate 191-
rate nature were made, it was for every gentleman to REMPOILD, Dec. 16.-A good supply of wheat,
judge for himself how far be could allow his character to audition rather improved ; trade steady at est
be so assailed without publicly presenting himself before a week's rates. A rather full supply of at
;
jury. He made ao such distinction as that suggested by sample' inquired for., and lotr grinding in request
Mr. Hawkins between • nisn's public and privateAaracter, mediate sort. d
Of oats and beans • limited sum
If a man were accused publicly in the county. where he the growers. Foreign cats (retail) • good sup
lived with compelling his tenants Wrote in a particular way, change in prices. Wheat, red, new, 2lts. to als. ;
that might be called an imputation on hie public character. 29a.; white, new, 25.. to 29e. • fin* °WIWI. to
but it was so mixed up with bin private character, that, if load. Barley, amities, 345. to 405. .• grinding, 21a.
untrue, he might fairly make it the foundation of an ac- per p. Oats, warm, new, 16s. to 221. ; fins old,
lion. If be bad so misoooducted himself as to give truth qr. BMW, new, 21s. to 235. ; old, fine, 30s. per If
It um& great mistake to confound public with private cha-
to the libel, thee be might very properly hold his tongue. Limping, 16.-There was a tolerable
wing, and some good samples were exhibed. The
racier. He remembered • passage in a play which he saw wile firm, et We currencies. New red sorts wog qt
• grog many years ago, which was perfectly true- 47a. to 495. ; new white, 50s. to 52e. ; old red, 50s.
" That peoplek mad and past all hope of cure old white, 55a. t0e.56 per 36 stone. Of barley, 8'
That looks is private vice for public virtue." , was fair, and there was • moderate demand.
The reversed that proposition was also in a great ma. were made for claim sorts ; inferior rather easier
sore true Public &linguini* was not wiped out, nor chase. Malting, 325. to 35e. per quarter ; grinding,
ur*r aapaped by owls( that the man was is Ovid, Ws 30s. per 30 stone. Oats cause to market sparingly, a•
perfectly caned. To impute to • statesman, for instanos,that wee a Ira demand at fully as much es
he had committed • pave error, was not action- old. 30a- ao 331-. Wow no. to 23e- perm elae. Beene
able ; bat to say that the owner of an estate in a county wee* very scarce, sad met • ready sale at a slight improve.
coerced his tenants, and compelled them to vote sgeinst meat oe late metal •p 50e- to 829., new 47s- ie 45..
par
their omsciaaass, was &haat as had sus imputation sa coda 38 'Jose. Flour, 365. to 375. ; seconds, 33a. tos 34., per 20
be made upon any man. There Were persons who tarried ate"-
on eseepatimis Alai did net strictly violate the kw, bat liswoesnsurom•Tris. D.C. oar market this

ASSIZE INTELLIGENCE.

HOME CIRCITIT.--MAIDSTONE, Esc. 16.
THI CAM OF MIST 1501.7TH1T.
The commission for gaol delivery for the county of Kent
was opened in this town today. The calendar Is rather
heavy, both as regards the number of prisoners and
the quality of the offences of which they are accused. The
principal case of interest, however, that will have to be
disposed of in that of James Forward, but who le better
knows to the public as Ernest Southey, the former being
his reel name, who it will be remembered murdered three
of his children at a coffee-shop in the neighbourhood of
Holborn last August, under very extraordinary Mecum-
stances, and thee made his escape to Ramsgate, where
be committed two more murders upon the person, of his
wife and child, a little girl about sight years of age. It
Was not considered advisable by the authorities that the
prisoner shoeld be taken beck to London to answer for
the triple murder be had committed there, but be was com-
mitted in the Granary course to take his trial for the mur-
ders committed within the county of Kent. Since the CM.
nattal of the prisoner he has been in custody at Sandwich
goal, and he was not brought to Maidstoce until this
morning. It will be recollected that be conducted himself
in a most extraordinary manner, both before and after
the crimes, and he appears now to be under a sort
of absurd delusion that he the justified in doing what he
did by way of revenge for the treatment be bad received
at the bands of society. He ham employed himself in writ-
ing statements respecting himself and other parties during
the greater poetics of the time he has been in prison, and
does net seem to regard his approaching trial with the ap-
prehension. There will be two indictments preferred
against the prisoner. one charging him with the
wilful murder of his wife, Mary Anne Jemima
Forward, ad the other with the murder of his
daughter, Emily Sarah Frances Forward. The crimes
were committed almost at the same moment, the thbappy
woman being the first to suffer by being shot dead with one
of the barrels of a revolver which the prisoner had takes
with him from Loudon. The little girl, on seeing what ha
happened, attempted to run away, bat the prisoner caugha
hold of her and pt the pistol close to her head, Led shot
her dead. The sound of the former explosion had by this
time alarmed the bimetal of the house, and some Tenons
ran up to the room, by whom the prisoner was
seen almost in the act of committing the second murder,
so that, although both wee are perfectly clear,
in all probability the charge of murdering the
child will be the one that will be Invalided
with, as the prisoner was actually seen committing the set.
The prosecution will be conducted by Mr. Poland. sad Mr.
rhilbrick on behalf of the Treasury, but is yet the
prisoner does not seem to have taken any steps to procure
legal insistence,
_and it is said that he intends to conduct'
own defame, which is not at all improbable, considering th
extraordinary vanity thathas been exhibited by the prisoner,
and his evident desire for notoriety. The only defense
that the case admits of is, of course, that the prisoner
was net respassible for the acts he committed by remora
the state of his mind ; but haring regard to the great deli'
ration with which all the murders were perpetrated, it &-
not appear to be very probable that such a defence would
be successful, eves in the bands of a skilful counsel,
still less in those of the prisoner, whose chief object
judging from his previous conduct, would be to excite
sensation. The court will not sit for business until Mon.
day morn*, and it is understood that an application - -
then be made to fix the trial foe Wednesday.