The Express.
London, England, 1851-02-07 00:00:00

COURT OF QUEENS DENCH.---Yr.sruzat

AWL+. IT NIMI NM 47 WOW, Lou
Cameral Ono a erigua
Tem Dt. ~r r.

Mr. M. Ckartitx ro, 1.1.1L1., and Mr. Atiseciin appeared floe
the plaintiff, and Mr. 18..1811111.4,4.1'., with whim was Mr.
111 reprewnP d the defendant.
Thin wax an artloll3 brought I.r the eaxl"-Ate of Brttnnwi..k
nuainiS Mr. !lamer, at the yropr;etor e.f the Week', Dia-
poteh lon pap r, 41 rerover einaresaathu in Image, 80 a
t.
set artscien which had appeared in that pap. r revee.dig
the duke, :toad which it wan alleged were lila :lin...
Mr. Chandler. opened the ea— by re.el:iig the articles
complained of. Ike lird article ..ppeated far hick an the
y•wr haw. and had reference Pi the ilethrnnenient of the
Duke Itrui.xwick. The xreonil article was puldixhed on
the 3rd id I P. tidier, 1817. and inv.-anted tin eha rt dim., of
the miaow of the Loapotot 1,1144 ming • letter said to have
Mete wntien to hint by • Mr. Oddly, who at that time wan'
the duke'. s-cretary. The third article said tee bet libel wax
paldished On the 10th of °evil,. r, 11117, and couninte I
ot renturkx upon one or two other 14 !ter' which Mr. Oddy
had writs. nto the editor us the Ilispearh. The fourth and
I.t attic le wa. doted the 1211 i id March, pats, awl warn a
yirair iph relating to the duke's arrival in lingland. All
a.tieleri referred to chant which had been made
againxt the duke, but which we do sat farther allude to, an
they I, been frequentiy before the public. Mr.
ehernhen also rend to the Jury .:n artkoi which appear,
in the S.'.. n-wxpaper, of II high air. r wan one of the
p;eprii That article wax publi•hed in June, 1818, and
contain. upon • trial in h hail taken place in
the Cenrt at Quern's Bench. IN fore Lord Denman, when
the du;..,rend hong. ril w trial lia,l bevn
curl the prrwut a.uuu was atcurdiusly Loin.
ra•-•41 I

--
Ihe vial... Complained n( were then put in evidence
awl read.

.701 r. ,nii nn dm part of tl.r ilefindant, in witted that
three o even air to the loin, •birb it
w snit ti,. artieh, contained, and, thert fore, U. plaintill
must ta n„l4 Illtrd.

laird a.nphell said the roar must ..n to the jury.
Mr. James thio proemaleal to nailer.s the jury Ihr the
defendant. mild said that the pr ••4 nt action was the mead
t-ial of a cam . awl it had caused some surprise Veal on
the former onaaiiin the jury should bare ogurne.l a ver-
dict fnr the plaintiff with deag. daniajoss. That rani, how-
es-r, pinned by a winics, who •:and that be bud
basght a /)••lon-h of 1847 routaining the npublication of
tis• Ilk-vial libels that had aldwarki against the duke an far
huh a. the year IMO. An application had been made t..
NM aside that verdict. and to have • new trial, because
ties TV 11.14. •01111, 11..01.114. for supposing ttat Mar of the wit-
arum had not spoken the truth. An. sr trial had bra
granta.l by the court, and on the preaent imasiou the wit-
kvs WSJ not produced in the witness-huz, awl
leo snitb lam . aver 11111, uoimeial for hi. absence. Ile (Kr.
J attics. •ohnotteil that the articles ei 1%17 did not in any
wee allude t them puldislied in ill WI. With reepett to
tie; win Ire pogiisheil in 1811. they emitninellnotliinv that
wail lib,.i..w. 1111.1 111•111.4.11.11, Unit Men 11. • -.11.j.t...1 /11 such
lair remarks J. a journalist might mat.. upon the Duke of
Itronswo•l. a. u 111.1bik character.
lend Campbell then stemmed up, and mid—Whatever
lb.' Duke of Brunswick aright he chart,. with in future
times, he art sinly could not b, ..ee.01,1 of nlentiy acquies-
cing in the charger which hail been braielit egainet him
diming rime. It appesir..l that he had frequently
to- night actions to vindicate hi. ilikracter. With regard to
the first amid in the declaration 4e the p ris.nt rear, which
referred to the libels of IS3U,(Lord • .itcpbell) must say
it was not to the credit of the duke to enmplained ur
Bowe libels in the present action. firm the former trial a
wow"• had declared that there had bum a republication of
nose Ithels ill' 11411 in the year ISE% Al.:* 'I would certainly
prove nadie.• au the part of the defendant. The cue laid
to .41 before a very distinguished judge, and • eegbe.
ot."Agg. damages was mammal, which au a very proper
muilist. if the evidence as In the republii +lion Lail Lou
Coe, hut alf.h. its were sulammently Lot before the court
which raised .1 pirraumpties in the strongest manner that
that evolimee leas false. An opportunity had now Lien
given to the Ibuke of Brunswick to prove the republication
tfici libel, hut the vitaers who had sworn to it hcforu was
wit called as a witness. Ile (Lord Canipbtll) should leave
it in tt., jury 0. say whether the four alleged libels which
I.l.lappeared in the ifispotifi, and the paragraph complaints!
baring appeared in the :ore. w: re fair and hones:
s immeuts. such a. a public journalist might nuke upon
a public character, or were they maliehms attacks upon the
duke's private character. If they were he was twat err-
s iinly menial to the protection id' the law, and to an imphe
anmint of 'triage'.
The jury immediately returned a ser.li. t n,r the defenlant.
The verdict was followed Pm some t spplanac, whit
ems immediately suppressed by the M.: ia of the court.

t (Ulu OF
.}:XI:IIEQUER—YriTraDAT.

Kis V. P.. 1 tok-s,Catir Balm ';o ;Illtsits.

ant arm tat. hat. --
'l'll It A TioNN -( rst Nal. r. TIIY. LONT,fl!‘ Dock C0m-
%.% IMI,ItTAKT ItETENtIt CUM.

Th.• S.dieiWr•tleneral. with '.r F. Th.. tiger, Q.C., Kr.
WAtoms. g.C.. Mr. James Wilde. 3Ld Mr. Ballaatine, were
tic the (yarn.

sa V Kelly, Q.C., Mr. retweek. Q C.. Mr. Mamaley.
And Mr. Urorcs for the tit fectiar.t..

-th aro eleven informations tiled by the Attorney- I
I;•.iseral. -Ind the present charged the di ants with con-
-4' • 111114 S.llOO Ihs, of cocoa and 410 cwt. of sugar; with
I.litfillltj bald good. without paying duty thereon, or with- 1
...it duly enterin7 them. end fir withdrawing them from the
ship without has in" duly reported th-rn. Also, with removing
oaol good. tiom the warehouse erftboat payin; duty. '
and with fraudolently trmctvling them. 1
Mr. Jaen, Wilde having orened the information,
The Solkitur.General said thr ease was one of the rery
••areet importance. A cornwponilen, hid taken place ,
tryout it Iwtween the defendant" and the Customs. and it I
I. el hien made the subject of inquiry in the public prem.
`4,1., therefore. holed that th, jury would dismiss all
prejuiliee from their mind., sad tn.:, sit • n the calm and
rdy determination to determine the true according to the
evidence adduced on both sides. On the arrival of • ship I
it was the captain's duty to report. wbercutont the owner
of the eaxgo gore to the Custom-house. makes an entry. i
and obtains leave to discharge. The great object then wee
to ascertain whether the quantities were correetly reported. •
and with a view to norertinn that feet two telessien were
erposatcd —tee a takwsiter, sad the other as °Meer
of customs. The goods were weighed at the sip's side ; but
bilker the tatabbahnunt of the docks the clown placed un-
housided cieaddesee in then end the company had been al-
towed to warebove the goods behre they acre brought to the
wales, t, peek, unmet sad reps& cargoes, sad In deal
with theta is all respects se if the duties bad been paid.
k
The trued counsel than vedarred to the mode of taking
sample., weighing, &c.. sad said the importer paid the
duty when be sold or removed the peeps rty. Abundant
noportunities therefore to content fraud...rows. It was the
duty of the dock company to collect sail eenamunkate in-
formation of this suet to the Customs, but if penises em.
played converted such information to their eau purposes, it
was a fraud epos the crown. and also on the shipper.
He would be able to prove a oymentstie plan of obit:actin
from wimps, and so robbing the owner and the crown.
1: was not meant by the crown to charge individual shares
holders or directors with a guilty knowledge of all the
frauds and plunder the% had bees penioasted, but
they unhesitatingly c&ried, that the strobes* kisses
masts were held out to the servants of the esespsay.
lie neat refined to the • • inclined plane," sad Devisee
former," where they would show clearly that baskets ea
baskets of good sound sugar were spoilt to be converted isle
• - sweepings." To such an latest had the frauds bees
earned us, that the very diseemen who toed to be paid for
taking sway the contents of the duet hiss Assad it well
worth their whiles to pay foe the privilege, es they loud •
quautity et namable sweepings " semaaHs duet. Foe
coavealasos et aU parties seven* hihembeas bad
bees Impure& es that sack Jury might IZgas *vi-
deos. is esek eke. The osapars as el wen
aivered in la UM, whew, • esighbredies anew was
Saystoodkia a audio ebarge. The trammer,
"t• sot their Maw is cedar." Disuse won
In draw the votes* isbnalsodos—io
orogoviodo sow Ilea to whirls aaw marks won
awasbodi sad to s:usaiss, of war aliNnioaa It would
=twpm lOW buss Maas ever bad tidagrilwas ab-
late amsream whilidelleinnii la the
he olio 1614101 the wasdo—le bey sheet Ma
110seharils daft 4.11.1 n, but la GE ass poise,