The Express.
London, England, 1865-11-06 00:00:00

LAW INTIELLIGENCE

CHM DAY.)

COURT OF QUEEN'S BENCH.
liMings in Benoo.—(Bdom the Lord Chief Justice, and
Jostles' Mellor, fthes, and Lea.)
KELLIT r. TINLING.
Mr. McNemar% said this was en action against the Liver-
pool Daily Courier, tried at Balthasar before Mr. Berm
daaL
BramweThell, when the jay taunted •
fverdict
rule lasi
for the dam-
learned emcee moved or •
upon the defendant to show crow why the verdict:JlM
not be set wide end a new trial bad on the grounds of
direction and and spinet evidence. The only plea was sot
guilty, thae being no attempt made to justify. The plain.
tiff Is the incumbent of St. George's Church, Liverpool.
and at the trial be conducted his nee in ponce. The
plaintiff had got into • dispute with one of the chunth.
wardens relative to an alleged charge made against him by
the churchwarden that he need the vestry for an improper
purpose, viz., the cooking his dialer there mai-
-1 rionalljbetweso the services ; there was alat a
book-
mother
I thane that be had made the church
seller's shop for the sale of • mall publication). The plain-
, tiff cleated that be had need the vestry es stated,
tat ha bad only made • cup of tea occasionally
there during the services. The oorrespondenoe, soh
was very voluminous, that passed upon the subject,
was afterwards published in the defendases paper.
with sundry comments and also some anonymous corm-
! speedence, in the latter of which the plaintiff woe charged
with levity, sod very strong language was used towards
him in referencia to the nary squabbles that bad taken
place in reference to the plaintiff's conduct.
The leerned counsel contended that the correspondence
with the churchwarden relative sores nee of the veinal
was a private matter, and ought to have bees pub-
lished.
After some discussion and reading of the oorrespondeoco,
The Lord Chief Justice said to take tea in the vestry
was one thing, bat to see that blaring of the
case they must put an astemne case. If a
clergyman was so ill-advised as to take 110030 friends into
the vestry to sup with him, stay rather late, and mpg*
in the convivial practice of having • little secular singing.
that in the eye; of most people would be • grows indecency,
and surely that would be matter of public discussion aril
comment.
Mr. McNamara said the dispute with the °harsh warden I,
was • private matter, and the correspoedence ought sot to
have been published by the defendant. He contended that
this was not one of those public matters which came within
the class of privileged publattions • and, mortedly that If
it was a public matter the ammo; used we much' straggle
thee ought to have Dees.
The Lord Chief Justice said he thought there should be
DO rale. He could not concur In the position takes up by
Mr. McNamee, that the conduct of • clergyman in mat-
, ten Involved in • oorreapoodenoe betimes hint and his
' ehuraiwarden was not a matter of public interest.
I What could there be that the public bad a deeper
Interest in than for the maintenance of propriety
and decency in all that regarded the administration of
public worship, and the sanctity of the sacred edifice set
split for it ? Public worship, as the word implied. wee •
matter in which the public have the deepest Wens,.
Every word used by the learned judge at the trial our
need with the cot perfect propriety, and it wee in
moot
complete harmony with what was and what ought to be
the law upon the subject. Then whether there was any
moose in the (comments that were unwarreated and unjusti-
fied, sad therefore involving malice in the comments made
is the earesprodeme—we a matter for the jury, and
although the letters did contath strong langnage—Pisitigl
the jury might think stronger than was warranted from
what appeared in the comemondisooe—it was a matter for
wereary entirely, sod they having found that the remarks
only fair comments on it, be thought, seeing the learned
judge who tried the ore had ne reams to be damnified
with the verdict, there ought to be no rule.
Mr. Justice Mellor said he concurred with the Lord
Chief Justice. He, however, disclaimed any sympathy
with the observation of the editor of the paper, that it
was en advantage to a man that if slanderous things were
reported of him they should be published in order that he
might contradict them.
The other learned judges concurred.
Mule refused.

Weakener Holroyd and lir. Comminoner Gonlborn. ,t 4
, appolatment will now doubtless be made forthwith ; rick
b gesserally believed in the marts that the appointment ,41
be conferred upon Kr. Winslow, who for the last twelve
menthe has discharged the duties of a oommiemionsr.
(Before Mr. Commissioser Holroyd.)
BB NIB JAKOB JOBB CANDOL MACK/JIM, BO?.
The bankrupt was described ore of Burtoestrest, Pain
square, and of Scatwell and ktosehanli, in Scotland. mil
was an adjourned sitting for memo:laden and disarm,
The ease has been baler* the court upwards of
somata, and volumions amnionlied have been
jily
Mr. Sam, the semountent employed in the pis
prom then it wend appear that the liabilities wail to
the extruordinary sum of 197,7421., spina which the sash
ere stated at 23,1651., and property held as 'arm%
148,4001. The largest creditors (secured) are the arena
et the late Bari Fit:miliaria, 33.7861. ;
_North British an
Kerenotile bounties Company, 27,5001. ; and the Nonrids
Caton Leanne Company, 100,0004
Seargood, for the sampan, said that ail parties is th
am bad speed to •farther adjournmeat. Sr hens bad
qamihisss examination at a fonder sitting ; bat *me
end importers. accounts having since been raebni
by . Sharp, Hancock, mid Co., solicitor', of Teln.
baneoyard, and an appeal baring been maim'
spinet the last examination, the question of anent
was still eensideredopen. The amount" of Messrs. Mao
ware of greet magnitude, sad exception had been tens is
many of the items. They were rendering every palmy.
assistance to the investigation desired by the aseigena,,
we. Sir James
bliphimse and all parties concerned. ‘l,
I therefore though
that the came 'bald steal ad,
jeurnest for two months.
S. Reed, who appe
d for • creditor named Xi&
kende, said be or an amount of the disposal
some plate which ins left to the bankrupt by his fawn
will, sad said to be worth 3,300/.
Mr. Snood mid the assignees were =kin inniriesedb
TVto it.
. Reed said be must press for an account. The limb
mpt bad borrowed 700!. of his client on the repremnisk
' that he was possessed of plate worth 5.000/., maks
1,8001. worth t after the death hie father.
lir. Lawman, on behalf of the of
bankrupt, °prod th
appliestkee.
His Honour said it we. the duty of tha mom,. es
first pass, to get all the information they mold se Ira
half of the whole of the creditors. They hid hag
what woe required; and if the information they suety
did not meet what the creditor desired he might apply I.
further accounts.
Mr. Lawman end the statement of Mr. Bred was ems.
coloured. Sir James bed mew been before the ent 12
months, end WU most anxious to give all the Woman
in his power. As Maim. Sharp's neonate were nose lan
investkenoe, there mast of neosesit7 been edlotmenen,
and to this Sir James did not object.
Adjourned to the 29th of January.
llt 11 L. 0. WM Ill&
The bankrupt we. a merchaat of Greet St Ras%
He came before the nun with liabilities of 91,Me.,
assets end property held as security of 5,336/.
Mr. Lieklater supported.
Mr. Sergood opposed for the assignees, on the Bond
that debts had been contracted without probable BMW
of payment.
The bankrupt wee briefly examined. and rated that
faller, was attributable to the unfortunate retch d
shipment' to Oaleutta. His personal expeditors bed
been 1,9281. in fourteen months. The firm in Calcuttan'
being wound up. He was sot aware that his paten thme,
Mr. -Haan, had been adjourned noes die without protons.
His Honour did not think that the beelmipt hand
within the penal dame, and granted the order.
1111 ILL Z. J. C. NAVAL
This OMB was onnested with the former one. lie
baakrupta traded in the seine place, but were cot is port
airship. In this came the liabilities were 69,'..f554, cad IM
assets were returned at 10,8231.
Hr. Serpa, after the decision in the forma can nil
he should not wpm, and the order we. greeted.