The Express.
London, England, 1847-11-26 00:00:00

Mt to his father ; but the but of sons wee not bound by his'
agar, eves to the most loved or most revered of fathers, to do
aat of wrong. Whew a father commanded • son to Ware
ereafier, a more sacred day, the duty to *ham justice, in-
*Mead ; and the son ought not to yield obedience to them-
eless* wheels** father ought not to make. This consideration,
• mbiest wee elmiens to all, was one on which • barrister, who
by Wepreffeeles Your himself out as one fitted, not unitive
legal doable nerdy, bet to advise on matters of hawse and
imoduot, eight to to moot clear. It was to be wished that
some turtle. es had been made towards honour-
able retr•sWlm; but even if the statements of the
learned meal for the defendant had expressed all
that the court could have desired to hear, the court
would nevertheless have been bound to examine the afilda-
vitt used for him. In the affidavit of the defendant'e father
there was not any admission that the libel was untrue, any
regret for the statements made, say retractation of them. 0
the dekstlant's own affidavit it had been said that an 'Arnie,
les by him that the statements in the libel wen untrue
would be to oat a grave imputation on his father. The
court thought otherwise ; for such an admission might have
beau qualified by the expression of belief that his father had
labourod under • delusion, and bad fallen into error, and of
regret that the defendant had assisted him to disseminate Cr.ltsasons statements. The defendant had not done this, but
had simply expressed t that he should have suffered
himself to be announced as the author of the pamphlet,
Ws was not sufficieut. When • man made an apology,
traignirch:trat he omitted to deny he was taken to
aura. defendant should know that when • man
is Mod by circumstances into committing an un-
tbehmalle error, and especially when • -barrister,
Loft hilialf fallen into such a misfortune, or having pro-
dtaimily le advise another, is called on for himself or his
distills miaow apology, he should seek to eempassate the
wog dew by him Lin ample and unhesitating manner.
the MN spa end immisseared the apology, the wime com-
plete the miemehelen, the higher would be his sieneeter. To
leek to mean • afiallatiar to keep back something, gave to
SIR wig se eendeldinglbiamelf the appearance of duplicity,
of
seekted OS advantages of an. apology without making •
Aiisifriiva of error. The sentence of the court was,
s want pay a fine of 2001. to the Queen, be
berimemi film two calendar months, and be further impel-
Mesa istalngarment of the Ise.
O aware. NATII•LL.—Nsw TRIAL ORANTED.—SITjeIIM
OFR sbwad cause against a rule which bad been obtained
1111 • sew trial in this use, which was an action for criminal
eenvemedoe with the plaintiff's wife. The verdict was for
the deindsat, and die penal on which it was sought to
sell II aide was, diet the plaintiff bad been unable, from
Arise of knowledge i bie witnesses, toprove that the band.
=aef • certain War, Nil Ile be material, wee that of the
t. fie ocatensted that as all the facts bad been be- I
bee the jury, and the plaintiff is nue disbelieved, the court
would not grant a new trial he the purpose of submitting
this letter to the opinion of another jury.—Sir F. Thesiger,
Q.a, who appeared to support the rule, was not called on
by the court, which expressed an opinion that the rule ought
to be made absolute.—Mole absolute.
Toe QUEIII/ F. STURT.—JEIJOHANT TOR • LIBEL ON
TUB 11•00TEATE8 OF ST. ALBAN't..—Seljs Int SOEY, with
whom wee Mr Hawkins, moved for the judgment of the
court oa the defendant, who had been indicted fur two libels
on the magistrates of St. Albans, contained in letters to the
Secretary and Undersecretary of State, whereby corruption
in the discharge of their duties was imputed to the prosecu-
tors. The defendant at first pleaded not guilty ; then be
was, at his own request, allowed to substitute a plea of guilty,
and it was agreed that if the defendant paid to the prose-
atom the costs of the proceedings, to be taxed by Master
Bence, he should not be brought up for judgment. Ihe
coats were taxed by the muter at 2971. ; the defendant,
however, refused to pay them, and thereupon notice was
given to him to come up for judgment. Affidavits were
read for the defendant, which *et forth frets showing that
be bad already paid a large sum of money for costs, and he
then in person addressed the court in mitigation of punish.
ment. Mr. Justice Coleridge delivered judgment, and told
the defendant that he might be said to have assessed his
own fine; and that as the court could not impose on him a
Iwo flue, the sentence was that he should pay • fine of 3001.
to the Queen, and be imprisoned until it should be paid.
NIKTRON F. lIIARORTEOPI.—X !AMINO or TRI WORD
"NORM" IN an AUCTIONEER'S CONTRACT.—Lord Den•
men gave judgment in this case. The plaintiff made •
Ada he orrtain commiadon as an auctioneer, and
supported it by a contract, that if certain property
*sold be sold "within two months" after a certain
einelitn, be should receive commission after a given
Ws de the purchase money. A letter demanding the
memeat tithe alleged commission, and an answer thereto,"
mMad sia ee admitting the liability, were in evident*.
ONO toprove the accustomed meaningof the word "month"
imam auctioneers was offered, but upon objection with-
dhawa. The judge directed the jury that they ought to find
M **plaintiff if they thought that the word " month "
mint calendar calendar month." They did find for the plaintiff,
end a tide nisi was then obtained for a new trial, on the
rbud of ioisdiremies, or for a nonsoit The defendant
Mg that in temporal matters the word " months " imported
" loser months," Wm the context showed that there had
bus • different tat en, The plaintiff in answer produced
a geed saber of matherkies which did not nuke out his
The eemstenetien of a contract in writing
rtildere Judge, and la anal a contract the word
is math " wisest "lam needs" unless the surrounding
ehenemennemabowedertimether masoning wasintanded. If
the etirrewadlnytherameMmeee showed that another meaning
seem (needed. end that the were was not used in ha natural
esidgeimagyeeneis, the judge might emsetrus it amording to
the bahmtlia. • If "Tidwell who eared that the word was
used in the ems pees*/ te a outdo Weiner sr trade, the
jury mut sop whither It had bees se : sod if the
mmeading depended en tbe image of a mil/osier the
evidemes tithe usage sava be left to the jury. In the pre-
sent ease, that evillest was withdrawn which would
have mails it
_right to tree the question to the jury and sub-
mit hie the jvi*ye bet r, although the evideme• was not
sollsioot to the verdict, the plaintiff bad such avi-
ators, it was that ha should have the opportunity of
geeing it before 'jay at another trial.—Rule absolute.
Ineroan e. ALL•RD.—AIDEAULT.—Lord Denman gave
=to this ease, in which an application was made
hid ea the ground of misdirection, The plaintiff
:we remineil fleas pablic-house by the defendant, who jus-
tified en ma ef Yr owner, and in some altercation after
do Wool romProl the plaintiff fell arid his leg was broken.
The My told **jury that the only material questims for
OHM was whether the justification had been proved, end
Mat dray were not called on to give damages for the brokers
• kg, This was the direction complained of ; but the court
thought that the injury to the plaintiff was not material to
deof justification, and that the plaintiff to obtain
fer it ought to have new assigoed.—Rule
DIP/1111210 OF 111 COURT.—Lord Demon said that the
ii=eispeeed to take cases from the now trial paper far
of the Mt days fixed for the anises after term, and
IMO from the special paper cm the later days.