The Express.
London, England, 1862-04-24 00:00:00

BAIL COURT.—Aran. 23.

Sittings m Nisi Prins in Term. —Motors Yr. Justine Wight-
imam and Common Juries.)
rLANNAGAN AM) WIFE r. MAVAGIL.
' - ----- -

This was an *dim for slander. The defendant pleaded
sot guilty.
Mr. tinffita was counsel for the plaintiffs ; Mr. Huddle-
stone, Q C., warn counsel for the defendant.
It aPPeared that the plaintiff is a stonemason, his wife
carrying on the business of • wardrobe penal:user to the
Deighbourbood of Holborn. The slander complained of was
that the defendant bad 'sal the plaintiff's wife was • thief,
and had stolen property io her no.
The defence was that the words complained of were mere
idle remark sod vulgar abuse.
The jury, however, ultimately returned • verdict for the
plaintiff —damages. 40e.
Mr. Justice Wiglitman, having to attend chambers, the
court rose about Hie middle of the day.

COURT OF COMMON PLEAB.-Aruz. 23.

Satiny in Banco.— (Beton Load Chid Judie, Ma, and
Justices Willa, Bjh., sad Keating.)

12111111 DY 11..1111001.-1111 SWlJPaut

'Ain was a cam which he. alma, .sate/ a pod dial of
egleselen, the action beiag by • bantMer aeeYa6 his client,
to recover 20,0001. upon as aoseest elated rasa them in
referee°, to services read/mid in essibisting promotions at
law and in equity with the view of salabbdriag *title to the
Bwiuten estates; and as soon as it was known that the
matter was about being lweright before their lordships the
menrt blouse crowded, priarapally bp:mimed asthma to hear
what weeld take pleas.
Mr. Massiday, Q.C. (with him Mr. Floldheildthatthe case
was tried &Ohs last Warwick Andres before Chief Justice
Cockburn, when the verdict was for the plaintiff for
20,0001., but his present motion was for • role calling upon
the plaintiff to show cause why this verdict should not be
set aside, sod • popgun mitered, end also why in the alter-
motive then, should not be a new trial upon the ground of
mialirection, sod that the verdict was &sunlit the weight of
evidence. The plaintiff wsa a banister of many years
standing, and be brought this &Mimi against Mrs. Brous,
who was formerly Mrs. Swinton, claiming 20,0001., sod the
only contract alleged was one upon an account ended. Mrs.
Bruno had been a party in • case of great celebrity—that
of Swiufen v. Swinton—which came into this court
upon an application fur an attachment to enforce sa
agreement of compromise MAO by inar mussel
for her. Mr. KW:MOWS CWAS wr tkie—Hma
being • barrister living at Birmingham, and herbs( Meads
sad mimeos' in the county to which Mrs. Swinton be-
longed, he, after the trial at Stafford, in March, 1510, bo-
som aogviolated with her, that be met and conversed with
bar at a house, and afterwards had a good deal of
eenvormlima with her at her own house upon the question
whethorthe stgewswomi mitered into by her counsel was Mod.
Mg epee borer net ; that a few mouths after she wrote to
him, stating that she had made up her mind to abide by the
agreement and lake Ike 1 O Jl. a year which was offered
and she invited Mr. Mimmody and his daughter to visit her
at her house. lilt acs M Jaws or Jaly, 1856. He said that
be did D 0440 MENA tot that he seat kis daughter, sad pm
her as envelope siddrisseed to Mrs. Swinfes, *lke most
Mined no letter, but had written in it the word "Parrnm"
I/pea that they came in correspondence again, and he
diverted her from the compromise, and under his cooed
the took steps to dispute the binding character et that
sgreement. Mr. Kennedy stated that he stipulated that if
be came into the matter as laereounsellee should hove thew
tire carriage, conduct, auilcontrol of Blowhole of thspromed:
logs. that be should have the appointineat, and displacemeot
of attorneys, and the nomination of counsel, and that he
should lead on all occasions where any other counsel was
required in court besides himself. There was no document
coutaitong these terms, and the only document that threw
soy light upon the matter was a letter written a year after-
wards by Mr. Kennedy to Mr. Simpson, Mrs. Swiuteres
solicitor, at Lichfield. The state of thiop at that time
"ems that the rule fur an athichmeut bad been argued and
disposed of in November, 1836 ; in 1817 a bill was tiled in
equity to enforce the agreement, which cause was de-
cided by the end of 1857, and there was the trial at
Stafford in May, 1858. The letter was written on the nth
• ISA sod in it Mr. Kennedy, in allusion to a
statement, said that be did not know what it
meant, as lie had never asked for or mentioned any-
thing about fees. except that he believed he told him at
the outset that he undertook the case out of fnendship for
Mrs. Swinfeo. It had, however, occurred to him, that if he
dal not receive fees in the ordinary manner, there might be
a difficulty in getting them from the iulvereary if oosta
should ho allowed. Ile concluded by saying that he cer-
tainly should return soy fees to Mrs. Swinton which wen
not allowed, but be did not desire to spare their opponent.
Mrs. Swiuteo's case was, that Mr. Kennedy entered into the
matter without any terms as to money, and to gratify kis
owe ambition. AD. Kennedy, in his evidence, went on to
say that, having uutlertAeu the conduct of Mrs. Swinfen's
litigation, she said to him, " You are going to do great
thiegsfor me, and I am not able to remunerate you now, but
I will do so hereafter." Upoo which Mr. Kennedy said,
"I am perfectly aware that I roust wait." He went at to
my that he conducted sad m►nag¢ed the matter in its various
aura, and that sa it progresasi the lady restated her in-
tention of remunerating him largely whenever she should be
in a situation to do so. Further, that when the second trial
at Stafford approached, Mrs. Swinfen said that if he sum
cooled, it should be aa good as 20,000,1 to him, and that
aftet the verdict she maid, "You hare woo your 20,0001."
I: WO which lie said, "There is a great deal more to be
doom ; we Linen. oppose the application for • new trial,
eud so oa." Mr. Kennedy also said that before the second
Wel at Stafford. a great deal took place as to oompromising
the suit with the hair-at law, soil that he
advised Mrs. Betides to accept the ciliate for life,
sho could get at ; bat that she set ber face aping such
ea ormogisment, because the said that if she got it for life
sere BMW Lret of the family would prime her. He suggested
that if she got the estate for life the should remove to Lon-
don, and should settle upon him au annuity, but nothing
cams of it. An unsucceesful motion for a new trial weaned,
ia Princely, said the suit came to an end in Mauch, 18W,
sad Mn.. SeSeining wee placed in Ono possession of the estate.
Mr. Kouneily produced a vast number of letters written to
him by Mrs. Swiufen, down to the latter cal of March,ls3o,
at which point he said that there was • gap in the «mess=
deuce ; sod unfortunately the gap occurred at the time that
she was coming up to London in recreate to the alleged
statement of account which was the subject of the action. Mr.
Kennedy stated that Le had destroyed these letters in a
momentary fit of anger. There was one letter, or fragment
of a letter, in reference to her intended arrival in London
oo the 24th April, is which there woo this expression,
"Ad 1 now only wait to know what it is for which you
waist use, " be having, in his evidence, stated that he asked
her to come to execute some security in renieet of what he
had dime for her. He called upon her when she arrived in
Landes, and theta took place the conversation relied epos
se emistitoting the account stated, and it was the most
singular statement of account that was ewer presented to
• juiy. It eonsisted of one limbos questios put by the
plaintiff to his own sliest, "Do you consider you owe me
20,0001.!" and the client eayiag, "Certainly, bat
you know I can't pay you." To make the narrative
perfect be must say that Mr. K comedy's slate-
meat was, that having solicited hue to mato to
Loudon to execute the security be met her, sad midi
"Patience, you know what I have already told you by
LOW ; my position is a perilous one ; I shall soon have ex-
pended my capital, and I think that you should give me
ee-
eunt) for what you proadesd me. You buoy I never
asked you for a writing to confirm your promise. hat for
the rake of my family let me understand yea. What de
you mean to give me! You mentioned several time.
20,0001. Do you consider you owe me that sum?" MN
said, "Oh, yos, but you know I cannot pay at pmemit."
A imager was talked of, which she objected to ; sad she
said, " I lam !cliff*. the bulk of my mists" He EMI
" You kw,/ se wen as I do that • will Is ma soenrity
she said, "Between us it ie.' ad she took hie hood
and asked why he looked so gloomy. And Mem
she got up sad mid, "If we are going to the
Toolugicalmuclems there is so time to welt.' In Ihe
gardens. they sat down. sad be said, "How,
would you mind giving me by deed what you said ;Villa
given me by will !" and she said, " I always award it tea