The Express.
London, England, 1862-02-26 00:00:00

THE EXPRESS, WEDNESDAY EVENING, FEBRUARY 26, 1862.

tab) Inttlltgence.
EQUITY COURTS.-Fn. 25.
(Before Vice•Cluncellur Sir R. T. Kinder,lty.)
PLOW V. 130 MM -MIDAIR V. PLOVITA.

This me* came on on adjourned summon from chambers, 1
the question fur the decision of the court being the legiti-
macy of Mrs. Elizabeth barker, the question arising nailer
the following singular circumstances. Mrs. Dewey 's
husband, who was a linendraper, residing at Swinefieet,
some 25 miles from York, became insane io 1833, and was
removed to a lunatic asylum in York. In 1837, while the
husband was still in the asylum' lire. !lousy gave birth to
a daughter (subsequently Mrs. Barker), who was baptised
as being the child of Mr. and Mn. Bonny, and lived with
her mother until her She had children, and Ina
sines died. She was entitled under a will to certain pro-
perty as the child of Mr. and Mrs. Homey, but
in the event of there being no child of Mr. and
Mrs. Bowe; the property went to other persons. Those
persons disputed her legitimacy, and consequently the
claim of her children to the property, on the ground that
while Mr. Bosomy was in the lunatic asylum he was living
separate from his wife, and that he could not have bad
amen to her. In favour of the legitimacy the evidence of
Mrs. Bosse; bad been taken, and that of the nurse who at-
tended her in her cootioement, and who proved that she re-
membered her going to York to visit her husband. On the
other hand. Mr. Ellis, the euperiutendent of the asylum, and
several of the keepers, had made affidavit that, bythe regu-
lations of the establishment, Mrs. Boesey could not have
seen her husband except in the presence of one of the
keepers, and that there were special orders given iu this
case that Mrs. house; should not be left alone with her
husband.
The Vice-Chancellor said a child born of •married woman

was presumed to be legitimate. The law respected mud
supported the legitimacy of such a child, though it did not
prevent any person from disputing the legitimacy ; but the
onus probandi warn thrown entirely on the person so disput-
ing it. Lord Mensfield said the general law was that a child
born of • married woman was to be presumed to be the
child of the husband, unless there was such evidence as
must leave no doubt that the child was not the child of
the husband. Sir John Leach said, ' The evidence to repel
the presumption most be clear and satiefactory ;" and Lord
Lyndhurst said, " The evidence for the purpose of repelling
the presumption must bsstrong, distinct, satisfactory, and
conclusive." His Honour then proceeded to state the facts
of the ease as given above, and said the asylum was situate
' at the soda • long avenue, at theentrance to which there
was • gate, which, except at nights, was not always kept
locked, and it appeereol that the inhabitant/ of York were
accustomed to use this avenue as a promenade, and
that Mr. Hooey, whose delusion was of a harm-
less kind, was often in this avenue. Evideoce
had been given that there were rumours of Mn.
Boseey's infidelity to her husband, but be did not attach
much credit to them. Indeed the rumours might have
arisen from the inquiries set on foot by the parties who were
interested in her having no children. He thought the
evidence was not strong enough to leave no doubt that
the husband was not the father of the child, and therefore
he mule to the conclusion that Elisabeth Barker was the
'aptitude child of Mr. and Mn. Balmy.

COURT OF QUEEN'S BENCH.—FEB. 25.
altioap at Nisi Who at Guildhall.—(Before the Lord
C 'lug Justice Cockburn ands Special Jury.)

LEDGEII r.

Tide was AO action for libel. The defendant pleaded not
guilty, and a Justification on the ground of its truth.
Mr. M. Chamber., Mr. Hawkioe, Mr. B. Rigby, and
Mr. Macnamara were counsel for the plaintiff ; and Mr.
Berjeset Shoe, Mr. Serjelot Ballantine, and Mr. Milnard
conducted the case for the defence.

Mr. M. Chambers, in his opening, said the plaintiff,
Mr. Frederick Ledger, the proprietor and editor of the
Bra newspaper, brought this action against Mr. Benjamin
Webster, the proprietor of the Adelphi Theatre, to recover
compensation in damages for a libel calculated to injure
himself personally and diminish the circulation and plats
of that tewspaper. On the 2nd September, there ap.
peered at the top of the playbill of the Adelphi a note
to this effect The advertisement of Mr. Toole's
benefit that appeared ca Saturday, August 24, in Mr.
Frederick Ledger's paper, was unauthorised by the manage-
ment, or any one consected with this establishment,
either directly or indirectly. It is a gnituitons
insult on the part of this very low-minded person to mi.-
lead the public and the prolesaioe. The insertion was for.
bidden, both by Mr. TooU and myealf, and it shows to what
pitiful resources this journal is obliged to noon in giving
free advertisement, and puffs at saps's» praline to maintain
its limited circulation." This was Swanned libel, and the
learned eouusel challenged the defendant to show that the
advertisement had been inserted without the consent of
Mr. Toole. In his pleas the defendant reasserted that the
plaintiff was • " lowmioded person," and said he was so
because, for money, he inserted in his papereadvertisements
stag where improper books and manta could be pur-
hli. That was a very extraordinary defence to set up,
as even some of the beet and most respectable newspapers
and publications published advertisements of that kind,
which were sent to them is the regular course of business •
bet although Mr. Webster made this accusation. he (the
learned amuse!) found from one of the Adelphi
that a piece was performed there entitled the ' f'retty
Horsebreaker, which was not quite consistent with the
high moral toes which he assumed.
The evidence of several printers and publishers was then
given to show that the libel was calculated to injuriously
affect the circulation and advertising connexion of the
paper.
Upon cross-examination they admitted that the 'dyer-
Camel:dm complained of were not such as they would insert
in a newspaper, although they were to be found in some re-
spectable journals.
Mr. Serjeant Shee addressed the jury on behalf of the
defendant. _ _ _

—fie following evidence was then adduced :
Mr. Benjamin Webster, the defendant, said—l have been
• member of the theatriCal profession nearly 50 years. I
lime been in the habit of inserting advertisemente in the
Era newspaper. For many years of my life I have been
interested is a project for the formation of a Dramatic
Collage for actors and extrema in reduoed circumstances,
and for the education of their children. The articles in the
Era against our fancy fairs were abrades, and unsolved
after the last fair at the Crystal to express a wish
to my company that they should not advertise in that Dews-
paper, and stopped the advertisements of the theatre. The
faiey fairs were properly conducted. We had an imitation
of Richardson'. broth, which was the most profitable part
of the entertaiomeate. There wee fortune-telling, and
photographs of the principal actors and minima were
sold. Mrs. Stirling sod other celebrated actresses
presided at the stalls. There was no thimblwrig-
gift, and nothing like it. When I saw Mr. Toole'eadver-
tieerneet in the Era I requested my acting stagemianager
to take • letter from me to Mr. Ledger, desiring him to dis-
continue the advertisement. It. however, again appeared,
and I sent him again to Mr. Ledger without a letter, but
with a request that he would not again publish it, (Mr.
William Smith, the acting manager, was called and proved
this.) As the plaintiff oontinued to publish the advertise-
ment, I bad placed the paragraph in question at the head
of the play bills.
Cross-examined by Mr. Chambers—Before sending the
prohibition to Mr. Ledger, I had inserted advertisements in
the Era almost from it. commencement. I was never on
very friendly terms with the plaintiff. but I have dined at
the name table with him at the Cafe de l'EuroPe, and per-
haps at some other place., but never in mi.
vats. Yeomen of theatres deal largely in miffs.
We are obliged to excite the public. (Laughter.) I was
myself unfortunately ones a newspaper proprietor. There
were advertisements soliciting contributions for the Aunt
Sallies, Cheep Johns, and knock-em-downs. Mr. Buck-
, stone and other gentlemen were to attend to the knock-
, em-downs. (Laughter.) They were not dressed in cha-
meter. They went as geoids...li in morning dress. One
CAL: lad a Cheap Jack, but the next year we had Done,
Richardson. s Show was more attractive. We bad
a cart reedy, but we did not use it. Mr. Toole was to be
the Cheap John. (Laughter.) The members of the Savage
Club performed in the hnoth a burlesque of their own
writing. There are about 700 Adelphi bills issued for the
week. There was a second bill issued on the Wednesday
for Mr. Toole's benefit, but it did not contain the paragraph
about Mr. Ledger. The paragraph was continued is the
bills main two nights before the clam of the meson. I
meant, by Raying that I would post Mr. Ledger, that be
was no gentleman, and • coward. This act was a cowardly
me. as I had so means of redrew. I did sot seek redrew
in the columns of the Sunday Tinice. _

Mr. John Laurence Tools was next examined. He said
—Mr. Webster said to me. "Of course you won't advertise
in the Era, as I have withdrawn my iulvertisemeets." I
told my bcuther to advertise my benefit as usual, except in
the Era. I afterwards saw my advertisement in that
newspaper, much longer than that I sent to the other
newspapers. It was a copy of the handbill, and oontaioed
details about the prices and other matters which I would
not Lave inserted. Is gave no instructions to have it in-
mated in the Era. 1 heard that Mr. Ledger was annoyed
at my not advertising, sad I Galled upon him to explain.
He said be was surprised I had not advertised in his paper,
as I had always done so before. I said, " The fact ia, Mr.
Webster hes withdraws his advertisement, and it would
offend him to see hie theatre advertised in the Era,"
eonsequeetly I can't help it ; sad I must decline to advertise.
I have so rearm to °Sad Mr. Webster. He said it did
not matter to es% ben ear I was independent of Mr.
Webster, as I could get as engagement anywhere else. I
think be mentioned Druydane, and some other theatres.
When I said it would offend Mr. Webster to see hie adver-
tisement in the paper, he replied, " Oh, will it Next
week I saw the long edvertioement I have mentioned. I
called at the office, and saw • clerk, who said that the ad-
vertisement was not paid far. Mr. Ledger was absent, bat
I wrote to him, requesting him to keep out the advertise-
ment from all subsequent editions. It however appeared
Maio.
Crees-examined—l was on friendly terms with Mr.
Lodger, but I told him frequently. that I thought he was
very wrong in writing article, against the fancy fairs. I
argued that without them the charity would not haw=
the mossy y It did. I thought that the
elm of tatortabiatoati augissatd by Mr. Ledger would
sot Ilavueligkided so math. I was wanes to
wake a of wain Ice • good Glom. (laughter.)
I mover baud . Writ lay be would give sae the adv.,-
thorseat from of oast. I aid Mr. Paul Bedford bad • glass
of sherry with Mr. ledger at the latorviow in question. I