The Express.
London, England, 1851-06-17 00:00:00

Lau intelligence.

EQUITY COURTS. —TUTIZDAT.
Dew= tan °gasman's (tree-eneeettunak
IN as Two Cllnerit •NO MANCNIISTIA MAILWAT
COStritNT.—PITITION Volt WINDING rm. aliVelD.
• polities was promoted in the case for the usual ardor
ffw winding up tie affairs of the above company. The
aadorlakill• was projected is 1645, and provisionally regis-
tered. 71oe scheme afterwards became &lnar', and a bill
was lied by a Mr. La Mart for the winding-up of the com-
pany. Some of the mowers had been put in, and consider-
able 111111 See had bees ►incurred. It was afterwards consi-
dered that it would be better to have the company wound
up
vadat the Wiading.up Act, and this petition was mime-
goently presented by a lir. Phillips, who was the solicitor of
M. La Meet, the plaintiff in the suit; and it was stated
that the parties were so satisfied that the affairs
would be better disposed of under the Winding-up
Act, that Mr. La Mert was willing to have his
bill dismiesid, in case the court would make an
order upon this petition. On the other hand, it was
milted that there were matters to be decided which could
be better done by bill and answer than upon ea order under
the Winding.up Act.
Lard Crsaworth said this was a question entirely for the
discretion of the court The allegation on this petition was
that that which had been done towards winding-up the
affairs of the company had not been properly done, that alle-
gation would certainly give the petitioner a locum standi,
but upon looking at the circumstance. of the ease, he found
that an order upon thin petition would be involving a
great number of persons in expenses under the Winding-
up Act, which they did nut appear to consent to. The
petitioner was not the only person interested in the question,
and a suit having been already instituted on behalf of the
shareholders, be did not think that this order ought to be
made. The petition must therefore be dismissed with costa.

COURT OF QUEEN'S BE.NCll.—YzirrtzDAT.
Amur in lUsco.—Barima Leamenirsati., Ma. lama Panama,
Ma. Jessica Comma. .so Ma. items Eau
Tun QUItEN r. WE. SITMOVII BLACKSTONE, EsQ.
In this ease a rule nisi had been granted, calling upon
WM. Seymour Blackstone, Esq., M. Y. for the borough of
Wallingtonl, to show cause why • criminal intonation
should not be filed against him for a false and scandalous 11
libel published by him against three solicitors of the name
at Hedge... The alleged libel wu contained in • letter
written by Mr. Blackstone to his cousin the Her. Harry
Lee, and wu, so far &I related to this subject. as follows :
lbws fag I hem written bayou what yea may make public to any
au I ant wet erWatt strictly la private revering Mae.. Br.,
slaw the bat riots be snd I ham bass tidy r a .toy well, and I
basso he his eaten poi • to repair nosh of the nartalet he did you
and thepretarty derma Sr Omega &breed, adafterwards. wee re.
parebase, when. by he by tritnharting aftermath
pet pee be enreeenwha awl is Came'. Mast, sad I will bailees 1
hs ken fewer which will hada:" hon yet to sesta, not perhaps w
sub ham • Satre to erne either of so, bet hie own wigglier
Moab In the Bercsark &rase raid. But I meet not bide hem yes
—set yen will sea to. propriety 01 borne"! !Ma as OMB WI red—.
sway 'trims thane agestisg the respectability of Li. arm la at
Mari. By thanes Weees my malls m a magistrate sad
schl.rator In • laut.alt. Li= foal deed adne to light.
nal • tmelemena very repegebte be about to
Mb' Ottani& M *Moat ran at Abingdon for 'wean dasuasts
sod dermanstlietatnte of an old mem, some toll sa
id
deemed.
Ilsdps bowleg pap eel • Mil. Wing anent ad the prisoner
(Own) trades sod ezeontees et the property. Defy *SA was
sal by Baps to ell e the phatestioe, sad the Mayer. tariff J.
Leap. umuustrom the old am is. sway le the me deal neind
Mess.* I, beeemr. resumed arm. and maniderne the ogee an
atresims eau .5 "rowing that may den ibises woild inertiably
weak. heel, MA sore that the Inn eat relenve /or trial; and
homage Jose 111,3ge. eutmrqueatly tried to awe improve, ly toe 60111.
Eames% making that a mialrelmisaer. lastead of • (clan. in order
Ischia, bat at • lower sea (in boos that Owen Weed roe away),
sUll the am dead. we trial at the ensuing anises for Abingdon. I
leden Ira IS You well now posit.. that Hedges Is sot
only set frendt) occacch as, but I Mot soon me se the mass by
whet\ woe very outward diesketurn will la hroscht to light, sad
the imp s:ability al thc Arm of Heston and Oa. wry much Asks;
he tboagli *wen may tre the only tree to WILT tar the w leis et for-
ISMy, other Pane coustant of it, and vb. were the lama by which
se opporsany to .onset the trial waa given, cannot expect is caw
sat of taut with mach a,Aos. I my wa mar. but awl* request
yea kr data this Meet. It a well yea Anted bum Ito senate,
bat It an do nobody elm any good.— Year 'Sectionals mei%
LIMO Skr1101)11 Ih.arwlont

The old fledge. here referred to had been for 42 years
town clerk of Wallingford, and the John Hedges was his
sun and partner, and the hem had acted as solicitors fur
Mr. Blackstone some years before, and was acting as solid
tor to Mr. Lee, who bad purchased an estate belonging to
Mr. Blackstone, but under an understanding that an equity
of redemption should remain in Blackstone. Mr. Lee had
kept the letter in his pososmion for some time, but subse-
quently gave it to Hedges, having quarrelled with Mr.
Blackstone, who had brought an action against him to reco-
ver some money advanced-by his sister, and in which action
Hedges wail in be •ye Anew. Upon the motion for a criminal
information, Iledgee had made an affidavit, denying the
imputations costained in the letter, and asserting that it
was written for the purpose of prejudicing him with Mr.
Lea.

Mr. Wheatley. Q.C.. and Mr. Dowdeswell, now showed
mass against the rule, and read affidavits made by Mr.
Illeeliteoc and other persons, which went into a long
ilairmeat relating to all the circumstances alluded to in the
leder, and in which Mr. IllackaMe Mika that the letter
had the effect of treating a haus= hears= Les and
Hedges, as there had already been panallerimeas between
them, and in w Melt he reiterated the dames ermined
is the letter, and set out the eiremskassi which induced
him to believe that they were true, sad west into a variety
of family matter. to show the emaimensa between the par-
ties. It was now eentmeded, as WWI of Mr. Blackstone,
that the immunised= wee a isaidential one, and such as
Mr. Ilkalmaaate en Podded be taaliaf to Mr. Lee if he
believed the shitineedi whit he made as the letter ; and
very =gag ammoniate were made nen the way in which
the letter had hams ananed by Mr. fleapa
The Attormey-Oemeenk Mr. Crowder, mad Mr. Gray, is
rapport of the rob. emalmmied that the iltgirs were utterly
unfounded, that the Inn =aid met at the way in
which the letter bed peen leer the heads of the prose-
=ton, but that, ens MM ad, se Mont email be attached
to tie= se the immakatisa silt wee voluntary by Mr.
Ivor ; end when they were made aware net • letter was in
existence canitieng those scandalous cheeps against them,
they wand hew hem ;Pig a sort of 11111111fion to them if
they Ink me maim of the hair.
Lea Campbell and he weed opinion that this was not
a ease is which the smut ought to interfere by way of eel-
Lard iakirmatn= kr it wee sot made out to his =Wee-
d= that Mr. Ilkihstese in writing the letter had acted
111•11•111•14 the peasmon. The letter certainly
aintelaid gear i•lpslitims, and he gave no opinion whe.
ther sr teat this was • case in which a jury would be bound
OD /WO a verdict in favour of the defendant, on the ground
that= letter was a confidential communication ; but it
mom made out to his satisfaction that them was evidence on
addillbseamight come to the conclusion that Mr. Black-
elm= all he stated, and acted upon a conscientious
tem slut in communicating it, and that he thought it
was meleial that Lee should know all that it contained.
He lead say that the balance of evidence was in favour of
that Wig the ewe. He (Lord Campbell) could not shut
N the manner in which this letter was written aiet
eirecsuied. It had been sta:Z.: in arpamui tlat ila Oeini
written to • private person, with a direction that it should
be beret as soon as read, would prevent its being the subject
of a crimiaal information; hut he at once denied that
doctrine ; but he believed that the intention of the writer
was that Mr. Lee should read it and then bum it, and not
publish it to the whole world. Then what did Mr. Lee do?
He kept it in his hands for eighteen months, and then in a
Et-inner highly discreditable, and which those who had ar-
gued that cm did not attempt to defend, handed it over
to Mr. Hedges, saying that, after great consideration, he
thought it was his duty se to do. He (Lord Campbell)
thought that that was Mikis motive, but that it was to in-
flame the evident, that Kr. Hedges world give in the
trial which wee thenammieg a It warn attempted to be
shown that it was act itivia le Mr. Hedges till alter that
trial, bet that had *Med ; and be (Lord Campbell)
that the watery weenie Me iskr c.c.. It wt. IV
Hedges &elute& let dm Mow, but that it was velum=
eily given ; bat V strespzaimapected that he must have
known the purples k was given.
The rest of the Mem memed.
Rule discharged without am=

BAIL COURT.-YENTERDAT.
Rrrnwas cr PAnow—Baroas Ma. Jewit Wlllll7llAlr.
THE QVIIH O. BAADDONT AND EVANI.—CEIMLN
INDONISATION.

Yr. Baddeley moved, is this ;Wee; to make absolute a
rale nisi which bad been obtained a few days ago for a
criminal information against the publishers of Punch,"
to, a libel against the Bev. Peter Daly, of Galway.
Mr. Wells was instructed to show rause, in doing which
he would occupy only a short time ; but it would be neces-
sary that he should state one or two of the paints in the
allidavit. It appeared that a dinner took pleas fa Halwa
on the 17th March, at whisk the Bee. Peter Daly paeai
ad about sixty mama wee present. Ia the ammo of the
mean Me mama " The hem" wee given, to MA* em WU-
*al east Blake emponded. end assemble' te the adbilmite
ef hit iamb ibismi, which he beim* M le quite merect,
that individsal mid Immo of a nig esirsarelastry cha-
rnels,. He pummel *X I* **l mom amid be dawn,
each man like bjtati4 end that * amid be sent to Liver-
pool, and Xi to WM* sad 30 ao Pefimanik as ea • cm.
Min day and hear they should set dm to the Bent
Those weeds mere leeamiately tittered Is the memo of
the rev. gentlemen. who, *Niamey proteuisd egninet tb
limos'., is' consagame, ',which Blake was allinead, ad
the festivities of the mai, wait on. It might have has
socessary to have metal to have had the ruin galsrged ; but
it dearly aggenred,thot die publishers of `• Pima" had mis-
taken the mike whored those words. Howie ay:
pared is of the diadem et fialway,
and the peiagnigh 1=8: *. Punch " was espied from
a mwspapar is Dahlia, whisk attributed the banguego to
Dlr. Daly. Blake's speech woo sot be kis own
paper, die Hamm viadiatear, arm Ha tam=
mil mime rope* hoeing been
:=Zinideedt the mistake .
laving
emempemie af
the yemsteear of another pVer laving attributed*, ler
of to Mr. Daly. He was Matemileil ha
isilavyitteit etdeste wiry earry that the mistake bed
.maned. Mears. were
and Evans, the very ream*
able am tad y of • Puna" lust of many de,
t it dm te the Rev. itr. Daly to maim
alaisaiset ; but at the same time he mut vai
am is vs. sot a fabrication Gs their part. No
had le my this gravely en the part
begh)—whene name lad saver Men hea
myrd*. of Wren in
Oat Mart, sad he hoped mime *raid Mae&
Imglinei and Bemm asHIN= dm ho
e/ That mew,
=deo te*, W *a had made*, am-
MA obey Amen ps_sigeff ORM beam lb MAW
Mid Mai As mime Is IMO lb, nimble bad been snip,
ail be bigot bin bansil Mai wadi asses sea elms-
-1171:=7:112,4 Ms lee. bla Daly, MI

only to state that be was far from entertaining soy vindic-
ties lethal,' against the persons who weft sailed on to
answer this rule, and he bad no wish to press the matter
hard against them. The libel was of so Anima a aature,
that it was necessary for him to vindicatelas ehonasher. His
learned friend had stated that his clients hod Medi under •
mistake ; and the caters of his ininatista would vinalmate
the character of the Rae. Peter Daly beim the world ; it
was not, therefore, his with pasee Om mower any &
ther against them. leamoi Mood loot said that the
paper complained of (" Penal bad raw boo elollomred
for a lib2l fa a welt at *MN Mibae, emi M rinemely
joined with him in the bap Mae it new weal& be mak.
He would recommend " nmeh "to adept he ble motto,
Ridentent dicers minim."
Rule discharged.

COURT OF COMMON PLEAS.-YESTERDAT.
Ilrrnmes in Baacco.—Dareas Leasauisheinot Jams. Mm. lw
me Wm; Ma. Junta Camonriu, Axe Mr. lemon Tae.

POCILD.
HILIINAII IL BLACKWOOD AND ANOTNI/A—LizzL.
This ease was before the court on Friday last upon de-
murrer to the defendant's plea, when a question of amend-
ment (lithe plea having been raised the matter was post-
Weertil today to enable the parties to settle their dif-
without further litigation. The action, it will be
remembered, was brought by Captain Heleham to recover
Ease/es in consequence of what had been said of him in an
arWM la " Blackwood's Magazine " for December 1860, en-
titled "Modern State Trials." The passage in question
slated that the plaintiff had been tried for murder in conse-
of having shot Lieutenant Crowther in a duel at
eD , and that there wen rumours of foul play, and
she that Captain Helsham had practised pistol firing nearly
the whole of the night preceding the duel.
Kr. Peacock, u.c., appeared in court this morning, and
said *St he was now on the part of his client prepared to
make the following apology, " We are ready on the part of
Keens. Blackwood and the author of the article in question,
to withdraw any imputation upon Captain Hokin= of any-
thing like unfairness in reference to the duel, and particu-
larly to state that having made inquiries relative to the
observations attributed to Baron Bayley, and the state-
ment that Captain lielsham had practised pistol firing pre-
skies to the duel, they believe that the statements in the
article relative to those matters are unfounded.".

Mr. D. D.iieane, on the part of Captain lieloham, stated
that he had seen the apolegy and was satisfied with it, and
he had no doubt his client would agree with him. He
mast gay that its terms were worthy of the high standing
and great talent of the gentleman (Mr. Warren) who was
supposed to be the author of the article in question.
The matter then ended.
__

MlO/I•LL t. THE YORK, NEWCASTLE, AND BERWICK
RAILWAY COMPANY.-MOTION TOR AN ATTACIIII/DIT

AOAIIIST LORD ADOLPHUS VANZ.

The plaintiff in this ease was formerly valet to Lord
Adolphus Vane, and the action was brought to recover the
value of a portmanteau lost by him. Early in the present
term a rule nisi for an attachment against Lord Adolphus
Vane was obtained, for contemptuous words used by him
in reference to the court, and for not obeying a subpoena
served upon him on the lith May last. The allegation was
that when served with the subpoena his lordship said—
" D—n the court, and all of you." The matter now came
on for argumeat.
Mr. Peacock produced an affidavit of Lord Adolphus
Vane, who swore that ho bad never made use of the
objectionable phrase alto the court or its process, but the fact
was that on getting out of his cabriolet at Holderness House
he had been accosted by a person be did net then know,
but whom be now believed to be Joseph Oakes, who said
that he had called relative to the case of his (deponent's)
servant. Deponent was aware that a claim had been made
against the company for a portmanteau, and he declined to
have anything to do with the matter, and was going into
the house when the said Joseph Oakes placed upon his
arm a note or envelope which fell upon the ground, and
deponent did not know that it contained a subperna. The
original was not shown, nor did witness see any shilling
offered to him for conduct money. The deponent felt
annoyed, and he believed he did use some contemptuous
phrase as to the prod ss server, but not as to the court or
the process. In addition to this affidavit there were two
others by the groom and hall porter, confirming the state-
mots made by his lordship, and upon these the learned
counsel contended that the rule must be discharged, inas-
much as it was clearly stated that nothing improper had
been said of the court, or of its process, and it was shown
that all that was said was said of the process server.
The Chief Justice—Clearly you may d—n the process
, server, but not the process. (A laugh.)
Mr. l'tacock submitted that there had been no contempt
at all, for his client did not know that it was a subpecna
which had been placed upon his arm.
Mr. Denman, in support of the rule, submitted that the
affidavits in answer were nut satisfactory, for Lord Adol-
phus Vane bad only negatived one statement of words im-
puted to him, but had said nothing as to the expression
which it had been sworn that he used—rix., " D—n you, I
shall not attend."

The Chief Justice was of ooinion that his lordship had
purged himself from the imputation of the violent language
said to have been used by him in reference to the court ;
and, from the affidavit of his servant, it appeared that all
he had said to the process server was " Go to the devil."
Mr. Denman contended that, at all events, enough had
not been shown to justify the court in discharging the rule
without Lord Adolphus Vane paying the costs of the day.
Mr. Peacock—lies client denied that he had ever been
served with the copy of the subpoena, or that ho had ever
seen the original.
The Chief Justice—What he said in answer to the attor-
ney's letter, informing him when he must attend, was that
he had cot been served " personally" with the submcna.
Mr. Justice Manic thought that he must be taken to
hare been served.

Mr. Peacock—lle swore that at the time the envelope
was put on his arm, he was not aware that it contained a
subpena.
Mr. Justice Cresswell—Beyond all question., a paper was
handed to hint, and he was communicated with so far as to
know that it related to the trial ; and in answer to the
letter telling him that he must attend, he replied that he
had not been served personally.
Mr. Justly' Malik—lle did not say that the subpcena did
not come to his knowledge.
Mr. Denman continued his argument, and submitted to
the court that the &lidera,' in reply were not satisfactory ;
and that upon a strict construction, it was possible that
they pointed to not the same instant of time as the aMdavit
of Mr. Oakes was directed to.

Mr. Justice Maule--TherTeseusesl to be little doubt that
the subricena was so served as to make Lord Adolphus Vane
liable in an action if his non-attendance had been injurious
to the plaintiff.
The Chief Justice gave judgment, and said that the ques-
tion was, whether there was any ground for an attachment,
and to support that part of the rule it must be shown that
Lord Adolphus Vane had wilfully neglected to attend, and
also that the original subpoena had been shown to him
at the time of service. His lordship swore that it was not
shown to him, and it appeared that ho did not attend be-
cause he dial not believe he had been personally served. On
.• . . • '' • cot itta thl violent
toe owes point Ur I.W°' e that sae it..,
lan alleged, and this being so, the rule must
be ' . But it by no means followed that because
he did not wilfully disobey the process of the court he was
not liable to an action, and he might be liable to the costs
of this action as well as the costs of the day.
The rule was then discharged, but without costs.
WILLIAMS T. THE LORDS Or TSB ADMIRALTY.—CLAIII