The Express.
London, England, 1865-06-23 00:00:00

COURT OF COMMON PLEAS.—Jtrini 22.
Siftings M Nisi Prins in Middlimm.—(Bdom Lord OWSI
Jumies BiL NM s Spode, Jury.)
mow= (mu) v. sauna. t

ACTION 10111

After our report left yesterday,
Mils Mary Beenhey said that she was thinjone years
old, and lived with her father sad mother at Wokinshem.
fibs had young brothers and niter% and aka taught them.
She also &voted much time to visiting the poor sod tisk le
the parish. The whims; after giving simfisr miasma to
that of the pWotiff in rdersom to the intimate terns mom
which she was with his family, and 'boas to what somnisii:
es the 21st Nov., added that wham the &deadest moo
uel La midi, " Give me your mrd ra summon you ter tom
paaMag." During the Vas that plaintiff was sway slea pnti
her cloak nem the mooed, and sat on it. She bed es • '
shawl, and had oanW • Moak. fibs had not begs lylas
down, nor bad the plaintiff. Nothing improper bed team
place betimes them. Ho had sever on any essalles pat
his arm round her waist, or kissed her. Ohs know the
copes as Lord Downshires land. She bad pared does ISt '
footway through It wish the plaintiff. TM pisiatiff
had never taken say liberties with her there or elsewhere.
Most positively there was no fosodatioe for the Meader 1
which bad been tittered. She bed submitted bersolf to
she examination of medial men.
Dr. Henry Oldham, • member of the College of Physi-
ohm, Obstetric flunkies sad Lecturer at Guy's, lota
Hu miner in Midwifery at the College of Physicians, late
Presidest of the Obstetric Socks , sad present EXaMillar
M Midwifery at the College of said that on tin
15th of Jam he, in company with , examined
the previous wituese. His opinion was that she had not bed
maul intercousse with any cm. 1
Dr. Robert Barnes, Examiner In Midwifery at the Collap
sf Physicians, Obstetric Ph aid Lecturer on Mid-I
whirr at St. Thomas H Presideat of the Chen.
triad Society of Lames, a writer Moo She &Immo al
women, expeessed lie same opinion as the last whams. ,
Mr. Hoddlaton, at the coodusloa al the plaintirseass,
submitted that there was no prod that the words morel
spokes of the plaintiff in his character of a olorgyman,with• !
out which they 'mold not be estimable.
Lord Chief Justice Erie said be Mould leave the ems to
the jury, sod the ddisodast's counsel could, if nesseery,
move thereafter in arrest of judgmeet.
Mr. Huddleston further submitted that the words won
spoken under circumstances that rendered them privileged.
Lord Chief Justice Erie held that they wire not privi-
leged.
Mr. Haddieston then dimmed the jury for the defen-
dant, saying that his &Mot had acted without say maim or
ill will, and had simply detailed what be bad nee, and
detailing the evidence which he should produce to prom
the plea of justification. He eddied, that as to the stsdisel
testimony, it was well known that spas snob a subject S
meat be received with great amsion. and that softest
might have token plaice to justify the defendant in what he
had said, without leaving any tram to be detected by
medical examination.
M. Barber, the defendant, mid be melded at Bean Oak
farm, near Wokieshara, and bad beim tenant al that fame
14 or 15 years. Before the 21st November last he lad
never seen nor heard of the plaintiff. He did sot knew
Mere was Noah a man is oilstones. On the altar's= of
the Slat of November he was walking in the road
saiter
at the farm when his enmities was treated to
who was standing near his copse. The person looked rant
and then popped into the copse, and the witness supposed
that be spoke to somebody_ is the con sod probably said,
" Hers comas old Berber." (Laughter. He thought there
was posobing going on in the copes, met to his neigh-
bours for amistmos. He did sot lad anybody, but
afterwards met its carter, and told him to call Charles
Griffin. He directed Griffin to go mud the copes while'
witness went through it. Whim he got os the top of a
hill he saw something that attracted his attentice
in • owner by the copes, where he saw some- ,
thing black lying down. As be got nearer be
saw • movement in it, sad said to himself
why, there's something alive. (ALath.) He kept walk-
ing, and soon maw • woman's face rakd up. He then said
to himself, " Why it's • woman destroying herself." He
next saw • man's hat rise off the ground; the light was under
the brim, and he saw the hat distinctly. The witness next
detailed cirennistasom which if correct proved the truth of
lic• slander. He added that be than checked his mos, and
walked slowly towards them. They was adjusting their
dress. The man began to walk awn sideways, and the
woman made two or three "skips " tad took his arm.
They walked to go scram a field in which the wheat was jest
shooting, sod he called out, "Yogi eget go that way," and
they stopped. The woman looked aside at him and then
ma by his side like • rabbit. Thema& walked with his face
turned away from witness. As they were going away in
that sneaking way whams thought to himself, ' I will see
your face." He caught sight of that part cd th ••man's
facie when his whiskers ought to be—(Lagbter)--
his sackcloth, and his cost ; and he then pushed
him round sad said, " Why it. your
cloth ought to have protected you from this." Having
said this, be was obliged to say something dm but he did
not know what to say. What he did my was that be mast
have • card. The woman, who had stopped, then came run-
ning hack, aid said in • load voice, "Mr. Barber, he has
so card." Witter then said be must have his addrem. The
pluistiff took out • silver pencil-cam, as though he was
going to writs his address, but he stood with it in his haled
for five miones. Thinking he did not mean to give his
address, whams called out, "Charley. come here," and
called • mooed time. The woman walked away, and witness
win said to the man, "Yon had better give ma your
address," and he then got the envelope. He did not know
Miss Bechey, and he could not my that the woman
he saw was her. There was no footpath to the place where
he saw the plaiatiff and the woman, nor was there any
beaten track to the copes. nor any remakes at • path. The
pigs had been walking about the field, looking foe
mit they would make • sort of track. Ho did not kroligras
any gaps in the hedge through which people peed. He Suspicious APPALL—A serious affair has just
could sot read the same upon the envelope. He made it bee. brought odor ...dolma" the zoom paws. ....
Out "Hollis." He did not say to anybody what he had '`"
appears the% in the Aeon Chip day Corporal Brava, of the
sees except so his Wit.' I" I'm" from hie servant girl la battalion Coldstream Guards, was off the mosseursie
that the men was Mr. Howes. She stated to whams some- _,, ____ of ‘,„ comrades. and while ,__ a ___,,_____
thing she had heard. The list penes who inquired of witness with
he some _'" rather ,___l s,,ff.r_7:n
upon the subject was Mr. Halms, schemes lidos in the oo`Titu7to Tao "mpu`7;7,`,Z"'`Jb: '",,,,,zizzz lasted befogs I
to"' Re a• Mr. Wheeler, the • life them "leiter' he quitted their compray gave them WNW mosey, *Me
next day. in oonsequeme of a letter from him. Hs the.tha comma. It is aid, took. The moms tbaatit ea
told Mr. Wheeler what had taken plan. cense to Mum to their barracks as Windsor, and see*
Crommunsined—He bad Inver mentioned this matter to more seems to hasia ham imam of the pasty tiff the,
half-a-do:en memos before be came to court. He had Fist., mmaisst, whim it is maw, ....mai was found
spoken to • man in • train shout it The man 'ma spoke. drank in Queen Anotts Ride by two oi the lei Life
to witness fiat, and witness aid, "The position I saw them Guards. They lit him, and he was son mese by oats of
in I will swear to ; bat Icannot say what thu were doing. by comrades, and at 2 aimaah wam. bead by masa of
He might have bees confeming her, or giving her shoo- the Life Guards. He was able to walk to the military hos.
Intioo." (Laughter.) pital, when, on an essesinatios being made by the riegi-
Charles Gridlo, • labourer in the serviced the &Medan., menial empos, it wee foal that the pew follow bog fo.
said that when be got through the asps@ ea the 21M Nov. coked • dreadful fracture of the skull some two Wilms loss
he made a bit of a Mop. His master called him, sad asked sad about one is depth, and that the brain was protrudieg
, him if he could identify the managain. Witness said he through the wounds. In the mums of the day be became
could, and then the man mid there was no necessity for inmensible. He states that the wooed was Misled by one
that, for he bad his address in hie pocket His meeter of hie comrades, hat wane to give his name, „„,,,a It is sup.
called witness's shanties to when same one had Wm lying posed that is • demises quarrel the corporal sad mother
or sitting. The leaves sad the gram were pressed down. fought either with their belts or baymoste while returning
The man said be bad not been there mom than three through Windsor Great Park, especially as it is nsderstood
minutes. He also end he thought it wee a footpath, and • that another male it smelled with • severs wooed in his
I witness said it did not look like • footpath. The woman heed.
I was shaking her dress over her petticoat. Them was no Coons or UOMKON ColneOLL.—A Court of Com-
-1 hack Or path there. Witness did 00t at that time know moo C.,...1 was bald rtstesday. the Lid Mayer
the plaintiff's name. He first Laird it from Jobe L 10••• 111 the minim of • long dtienseson le ratmonee to the
lat
his master's cowman. Leadeakoll-market the Lord Mayor said ha senadamd it
I John Kane said that on the afternoon of the 21st Nov. was ate duty of the district surveyor
es make wpm& eo,
he heard of hie muter and Griffin having seen • man aid : gunned with all the cinsunstasom of rant eases, sod then
I woman in the field. Griffin told him. The Dan morning to take snob stem to MMus the pabik, trots farther Anew
Iha was at the Plough beerbouse. He did not know the. from the buildings, by ordering the wells to his shared up.
,man an
who the d woman were, bat Mrs, Rams, the laid- Then there was the Snare Oesindiolem There were two
' lady. told him. lie afterwards told the names to Chad's i eepeeemmetieee from every weed hi that bed., the away,
I Griffis. I and another, and be supposed it was for thin to take any
I Mrs. Smith mid, that on the 21st November she was is farther steps Ia such master& no Ressisedesememi ea.
Mrs. Rance's garden, sad saw the plaintiff and Miss Basch', platen to the mart that the amenittes et Ms amass of
go .10„, the footpath. Witness west to pick up a lap full Commem sassed Oa the Braise& Slate Bill bed &okra
of wood. After she had been in the field several minutes the preamble not proved ; sad the shakers. is easonseing
she saw th• plaintiff and Miss Beecbey sitting under an oak that &memo, eaig if wee as assaMmes ....
pee, which 1,11 a good way from eh• footpath,___, •••__,.aes i Tam Houma ArmiLia latmoTaitsliat. —Tee-
from the copse. nay tow her coming, "" they l'` rep terday, at the Sheriff's Coat, lad lisseetpsers, the Ital
land last over the hedge. She thought it had not • very omit for
0wn............ for _____...._ is „an" .
..
good look, and so she watched them. (A laugh.) They tar Rama 1417,77. te''ve." .4 Dark., munair=ii
got over • hedge. There was • gap ; but it was • proper Bryan, .
hedge. They then got to • large oak tree near the nem a mesa and Mama, trustees of W. B.
eu
Ledge rt„ Blackwell, v. he Corporation et Landes," was beard Wage
Mr. Hoderateriff Bedell and • *pedal jury, when a nibs
They saw a man drilling, and they got over •
I Mr. Berber's field. One of them laid • cloak down, and
I dean they sat. They
_could not ass wham She got ....-.. was ids Ise Hationliosght°9"oe tor Uge,:immicignsgbferosillytheidesigeszer-
sear that only a asap them wises she left them. q
!After she left she maw rdßarber come across the field. a Ratka-Paa• te the irarealawilewliwt ila • olletair
They said wawa, dr. they left. Mr. Barber and alto g__..imAlr• r. - Beal‘
trerlsesm4l3l=ll II willl,„___liim/ Ur
heard Miss Basehey my to Kr. Howes, II
will be loom sTm—beaeaa ar pstaaasa„ l Mr....rot Q. -.
now." Be said, "No, coo,, it woe't." Mies Beeehey's • wan • represested the Insets, by
I father tame to WHOM; and she told him what she had arhig.... _ osesuoma ths°BB.ls4.l.Ch•gllggwar. for; Mr. I•••kWet Q.c., tad
I •••,.., 1.. rall City. TM ease was
Ceaseaccamitied—Tbere was moth* like a gap is the hat '',""'" ", Mr. Baal, who said Rif loism belonged to the
before the
!hear they cd through. She told Mrs. Rance whet she two Peretobtommio court, each I=l a motet!. it wee
had mesa. was tatting seder the oak tree foe hail an ease •• far its strawbeery
beds • it wee tbs. amaideted " oat id town." and usserted to
hour sad over, OT she limed them by her butrod's watch, a .„!_ grandam of tba my, _
which was le her bosom. (Laughtees.) When they west into ___,A____"y _,,,_ liehossitemay it became the
the field to work me woman always teak Ms tiro nth her. "'"'"'"'"" "" """ Bishop ei MT- ladle* salleitees resided
They (the plaintiff and His Beeshoy) wen into the guide "et sat a blame ••••••Pilwa" i olloic WWI glass
sheet w.p.m. two, rid left at barged throe. They was "7 t• wholesale 1119•11114. smg la" 1.1614ana1,
half sa hour after out of Mr sight, She ara sot ea theta **dam • Pea" ••• e=l kr tho MS Seirewsnmens.
as suything. She hid never told Mrs. &whey that eke Several wite••••• alee The ore eocapind ersteral
had sayer lost sight of therm, 'ad that
"ate had se
nothing Imam sad eastwati eta 001011. olltooll to • esedist tor
wrong. She bad aid her that she saw" theft the whole 1 110)31**" "may
°shin MOW.
time. She told Mr. Sesshsy that Me bed missed them. I Du Barry's risfisissa Inside missing Borrsititta
Sh• bad told Kr. Heeds that Ds hot seen nothing mom ; tz•bisa Weed ems IMMO mesesse ea.
she was 001 obliged to wpm sr. lay. as bed ad ~__„_flattalmitst WM!.flumb=llo.l"..AX,...auatio
told Mrs Sweaty she saw was, aid tbat she 1 satirTwistaill= rra Zla "
had sees them the whole time.ettea rall
i mannany.—Di Itemy mid Oa. Be. Se. 17 liemetetzwat. LAMM W.
At this stage of tie proceedings
the farther Marisa of the 'ls etas. at la ; uh.. tof. kb,.
I A,
1 sass weeadjourned sail toacarrow (this day). Str•st all niesers.—