The Express.
London, England, 1865-01-23 00:00:00

COURT OF EXCHEQUER.-JAN. 21.

Sittings in Banos —(Before Lord Chief Baron Pollack I
and Barons Martin and Pigott.
CROSLAND V. WOODRIAD.—LIIIIEL.
This was an action for libel. The plaintiff, Colonel Crew
land, sou a usaanfacturer at liudderseW, a magistrate ad
deputy•liutenant, the lieutenant.oolosel of a volunteer
regiment, and also • candidate for she borough at the next
election. He complained of a libel coalmine& to a alter
signed "Common /Mau," which appeared in tie Hudders-
field oed HolsafiriA Examiner of the 29th of October last.
Tb• defendant was the proprietor of that journal, and the
plaintiff was the owner of an opposition journal, celled the
Huddersfield CkrocUtyulalisbed tu the same Sewn. The
libel imputed to the intiff and his assoeintes or elope
fraud,
fraud, forgery end tof papers. The ease cease on for
trial at the lad sittings after term at Guildhall, before Mr.
Baron Martin, when Mr. Bevil], Mr. Hawkins, and Mr.
H. T. Cole appeared for the plaintiff ; and Mr. Coleridge,
Mr. Field, and Mr. Wills far the defendant. On the pria-
view *valise Mr. Bovill and Mr. Coleridge met sad agreed
to the following terms : That a verdict amid be
entered for the plaintiff, with 40s. damages ; that
the defendant should with all the Awes and
imputations he had made upon the p and
&sprees his mint far having publshad dam,
that he should state they were without fausdatiost.
Further, it was agreed to that this apology should be pub-
lished la a ow/pi:nous position, and in large type, in the
east number if the defendant's pew. The veis terms
were sigsed by Mr. Buill and Mr. Coleridge. When the
trial owns on Mr. Coleridge stated the nature of the olocy,
and a verdict woe entered, by unseat, foe the Platabff, with

40s. damages.
Mr. Bo mil, Q.C.. DOW moved for • rule to show came
why the deleadasit should sot sign the t, sad
publish the apology In hie sewepaper, or ysa Mesa-
meet should net true against him. The leaned counsel
odd that the cideudsot was sot preheat as the Walt *NO
be was mu strolling about the court, aad that la his ahem*
hh &Mersey, Ms. Giough, gsve an undettahing that he
should sign the tones agreed apes. Riposted appendices
had beim muds to the dafeodant to alga the dountent aad
publish the ecology, but he bad refused, slating that
rather time make such an &Wes! apology he would est off
hie heed. la the next amber el his paper dter the trial
trate wee an article heeded " thong WM" la width the
dehodant said he bad bee. placed in a pecullarrisa by
his counsel without his authority or ooeseat; that
the 40. damages with mate, but entirely repadiatedageltl
potties at the compromise which required him to publish an
shield spolagy to Mr. Omelet:J. He said—" The eoeditioas
are of such a character that 1 gad it utterly impoedble, no
matter what the ommetwaram, for me to soospt t
appeared from this article. which MD signed by the olden.
dirt, that the libel had reforeset to the pretwedimis of $
party la the tows whom he almmoterieed as " femme right
The
The Lord Chief Baron maid he thought it would be a waste
et time to apply for • rule for an atlachsasat, es hi was
'Waned that the court would never pant as attachment in

inch a ran.
Mr. Baron Martin—l amour with his lordship that you
will pit second ups the attachment. Yes W better
apply for a isle to show cause why the &feedlot should
sot parfottn the agnserseat. or why there should not be a
sew trial. 1 think myself that these agreements might to
be carried oat with the utmost possible good faith. and if
they are othgreat evil meta. I must my I thought that it
was the haathomset apology I ever heard made in milriald
Mr. Bovill—And I most say it was made by my
friend, Mr. Ooleridge, with perfect good flak.
Mr. llama Martin—This is a ease which has been before
roe more than woo at dumber% and there is a great dial
of feeling &bent it. An application was made to me to
change the venue, in coseequenes al the *meg feeling in
Yorkshire with regard to the Huddersfield tenant-right,
which has boss a matter el much diminishes. It was
C:714 upon me that it was very desirable to have the case
a jury whiles minds were entirely free front pre-
judi.
Mce and we cannot p
r. Bovill—This is • very gram came, er-
mit it to remain where it does.
The Lord Chief Baron—Too had better take a Ms to
show oaths why the agresinest should not be carried out,
or why them shoold not be a new trial. Yon can, however,
have it in the &homily, for as atteolimeat if you think
proper, tad we will leave you to draw up the rule in your
own terms.
Hale granted.

CRIMINAL COURT OF APPEAL—JAN. 21.
(Before the thirteen judges, : Lord Chief Jostles Oink-
bare, Ladd Chief Janke Eel., Lord Chia! 811,00 Pollock,
Junkers Williams, Wilke, Dyke, Keeling, Blackburn,
Mellor, end abs., and &roue Martin, Menne% end
Pigott)

TIM QUM V. THE UT. JLIORI ROWTON.
This was • case ramend by Mr. Payne, deputy amistent-
judge of the Middlesex Swims. The prisoner was tried
en the 30th September, 1864, on an iadiet-
meat which charged him with having committed
an indecent mama upon George Rowe, • lad
shoat 14 years of ego Witessees were called to cha-
mp.=who deposed that they had known him at daimon
of his life, and they gave him an excellent character
as • morel and • morally conducted man. On thei=f
the preeseution it was proposed to contemn that •v
end witnesses were celled for that purpose, but it wee ob:
Pined to by the prisoner's counsel, who contended that the
evidence wee inadmisidble. The following question was,
however, put to one of the witomess, " W het is the pri-
mmer's general character for decency and morality of Bon-
ded?" sad hie reply was, "I know nothiog of the neigh-
bours' opinion, beam* 1 wee ottly a boy at school when I
knew him, but my own opinion, and that of my brothers,
who were also pupils of his, is that his charsoter was that
of a man eatable of the grossest intleosacy and most ant
humanlity. It was objected that this was not evi-
dence of • bad character. The Deputy Assistant Judge,
however, considered there wee some endow. and left the
effect and weight of it to the jury. The primmer was ma-
aimed, Led is now in prison awaiting their lordships' den.
sloe. Two questions were left for the opinion of the court
—first, whether, when witnesses have gime evidenoi of good
character it is admissible to contradict it ; and secondly,
whether the answer given by the witness in this asse was
properly left to the jury.
term,
lad and as the leased judges
The case was argued
differed in opinion me tho points, and the use had to be
re-argued before the fullbeach of judges.
Mr. Sleigh, on behalf of the prisoner, contended that the
evidence was inadmiselble. It wee no part of the charge
against the prisoner, and it wee not competent for the pro-
secution to prove general bad character. By the law of
evidence a man was precluded from giving endwise of w-
heeler channel., bat only general character. He did not
chellenge a collateral WOO.
Lord Chief Justice Cockburn said be was much favoured
by being allowed to give general and not particular cha-
racter.
Mr. Tayler appeared on the other side, bat the court
adjourned before tho learned mewl had commeoced his
arguments, The further arguments will be taken on Satur-
day next.

COURT OF BANIERUPTCY.—JAN. 21.
(Before Mr. Registrar Winslow, as Coondosioner.)
in at BIADDIN.—CAIIt 01 AX
The benkrupt, W. [Redden, wu an attorney, having
onion in Clunoary4the and iambrook-court. Buiegball-
strut, and residiog at Camden-town. He sought his dis-
charge from liabilities of 5,7984, and gave up no assets.
Mr. E. Reed opposed on behalf of Mr. Morgan, a credi-
tor, on the round that the bankrupt had oostanctad debts
without nameable expectation of payment.
After bearing Mr. Lowrance for the bankrupt (who sought
, to amount for the absence of saute by the Munaistaime
of his having previously executed a deed of compensation,
which turned out to be imps:teet),
His Miaow said the bankrupt mast have known that be
was involved when be embarked in the transaction
of wricenr. Morgan complained. An attorney bad no
right, while his bills of oats were untaxed, to expend the
mossy of hie clients for his own porpoise. Thought
bankrupt had acted fairly towards the general body_ hie
creditors, the charge brought against him by Mr. Marvin
was established. and the order of discharge mum be enc•
ponded for six mouths. but proneotion monad be (Wm