The Express.
London, England, 1848-06-28 00:00:00

COURT OF QUEEN'S BENCH.

Mr. Jostke Wigatman and Special Juries.

THE QUEEN V. HARDEY.-PERJUItY.-Sir F. Thesiger
said in this case, which was a charge of perjury, on the part
of the prosecution he was not prepared to proceed.—The
jury, therefore, returned a verdict of Not Guilty.

THE DUKE OP BRUNSWICK O. J/MIIB.—SLANDER.
In this cuss, which was an action manse Mr. Edwin Janus,
the barrister, for alleged slander, the record was withdrawn.

- Sittingsln Banco.
Roane r. SiLventmex. —Lnixt,.—This was an action
which had been broug lot by Mbe Hoare minima the pro-
prietor of a paper called the Nautical Standard,
tor having libelled her by saying that several of her friends,
who had formerly advocated her cause with the Royal Naval
Benevolent Society, had ceased to do so, as they bad disco-
vered she was a party unworthy to have relief afforded hat.
The defendant had also said in his publication that plaintiff
had expended the money which she had received from the
Royal Naval Benevolent Society in printing circulars, con-
taining untruths with regard to Commander Dickson, the
secretary of the secietf: The plaintiff Amid reco-
vered a verdict, damages 40s. ; but subsequently the
defendant obtained a rule nisi to arrest the judgment
on the ground that the words which were said to be libellous
were not so in plain terms, and that the court could not take
notice of innuendoes. Miss Hoare now apptared in per-
son, to show cause agsinst the rule, and contended that any
words were libellous where they were commonly understood
amongst mankind to signify anything defamatory to the
character or reputation of the party concerning wham they
were spoken; and it would be trifling with the
court to say that they had not the power of
dealing with innuendoes.—Mr. Corrie, in support of
the rule, submitted that these words might have
been uttered playfully, and without any serious meaning,
and the court was not bound to give meaning to any words
which were doubtful in themselves.—The court, however,
xpecased their opinion that they could take judicial notice
of any word. which, according to common parlance, had a
generally received and understood meaning. There was no
doubt that the expressions complained of by the plaintiff
were calculated to injure her reputation, and although alle-
gorical observations might be made, the court had power to
construe them. The rule therefore must be discharged.

COURT OF COMMON PLEAS.
Pairs.—Before Chief Justice Wilde and a Special Jury.
COLMER O. CHAPPIILL.—JURT DISCHAROED.—In this
ease, which came before the court on an action brought by
the plaintiff to recover damages from a Gas Company, in
compensation for irjuries which be sustained from a fall
caused by an opening left in the street by negligence of the
company which was represented by the defendant, the jury
could not agree, and were discharged.
ANDERSON v. BLACIRERN.—A SPIRITED HORAE.—This
was an action brought by the plaintiff to recover the value ol
a horse. It appeared, from the statement of counsel, that
the plaintiff is a person holding a respectable position as a
dealer in hors,' and residing is Piccadilly, and that the de-
fendant is a gentleman of fortune, of Blackburn Hall,
Surrey. In Sept, mber, 1847, the defendant purchased a
horse from the plaintiff, for which he agreed to pay 120
guineas, and which the plaintiff told him he had purchased
from Lord Rancliffe, Bunny-park, Nottinghamshire. The
agreement having been made, the horse was delivered to the
defendant, but almost immediately returned, the defendant
alleging that he was too " fresh," that he was unsound, and
had the string-halt. It was, however, stated by the plain
tin counsel that he would he able to prove that the plain-
tiff was justified in not taking back the horse, by the
evidence of Lord Rancliffc, who brought up the horse,
and who would show that he only posseesed a high
action which resulted from his Arabian blood that his dam
also had had that motion ; and that the horse had no con-
genital defect. The horse was exhibited to the defendant,
and no guarantee was ear& He had received the certifi-
cates of Lord Rancliffe and of a veterinary surgeon as to his
soundness. It was admitted that the plaintiff sold the horse
for 120 guineas, and that he had paid 1001. for him to Lord
Rancliffe. It was alleged ..nt the part of the defendrnt that
the lady for whom he bought the horse was not well able to
ride, and he accordingly refused to keep him when he dis-
covered his qualities. He was subsequently sold at Tatter-
sall's for th. sum of 16/ , which was paid into court. The
plaintiff purchased him, and afterwards sold him for 1001.—
Mr. Serjeant Byles and Mr. James appeared for the plain-
tiff, and Mr. Serjeant Talfourd and Mr. Greenwood for the
defendant.—Lord Itancliffe, hie lordship's groom, and Mr.
George Rice, veterinary surgeon, were called to prove the
soundness of the horse ; and the jury, without waiting for
the summing up, returned a verdict for the plaintiff-3.41.
damages.
Sittings in Banco after Term.
The court was occupied the whole day with the case of
Young o. Rainoock, out of the new trial paper, which was
an action by the plaintiffs, as executors of H. S. Young, for
breach of covenant, for the quiet enjoyment of a house in
Bury, contained in a purchase deed entered into by the de-
fendant with Young. It was tried at Ipswich ; and a rule
previously obtained for a new trial for misdirection and in
arrest of judgment was argued yesterday ; but the arguments
had not concluded when the court rose, and we therefore de-
fer our report.

COURT OF BANKRUPTCY.
Before Mr. Commissioner Molroyd.

Dzricriva Accotrara.—Owen Kelly, of Cannon-street,
and I) mgate-dock, sod-merchant, came up for his adjourned
last examination. An amended balance sheet had been bled,
.

extending from June 30, 1843, to December 29, 1847, in
which the following were the principal items : To creditors,
5,1301. ; ditto, holding security, 1,2101. ; 'profits, 8,0501. ;
habilities, 1771. By good and doubtful debts, 1,1201. ; pro-
perty realised, 6001. ; trade expenses, 6,9431. ; personal
ditto, 1,8481. ; losses, 4,5461.—Mr. Van Simian, on the part
of the assignees, took further objections to the sufficiency of
these *centrists. The bankrupt alleged that this was the beat
statement he was able to supply, as he had wit kept very
accurate accounts.—After a conversation the last examina-
tion was further a•liourned until the 3rd of August.
SUSPENSION or CERTIPICATE.—CharIts Bryson, general
dealer, of Broad-street-buildings, applied for has certificate.
His debts amounted to about 2,8001,, a portion of which were
secured by property estimattd to produce above 9001.—The
application was not opposed by the assignees or any. creditor ;
but the ct.mmissioner, °hoisting that a great portion of the
bankrupt's debts were owing in Scotland, said that he
ought to have gone beore the courts there ; and suspended
the certificate tot six months.