The Express.
London, England, 1853-11-18 00:00:00

law intelligence.
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EQUITY COURTS.-YLSTERDAT.
11tr044 ,Cl.Cei...sceuna N1.511/111A T.

ROLgi ICSI:r. ELAND -ICI I 'T) ADMINISTER LOYD BYRON'S

•••••.- -
ES FATS.
The argument in this cue (a report of which appeared
is the Express of yesterday) wee brought to • elms. It
will be remembered that tee questions litters the court
were, fir.r, in what way the incumbrincers' costa should be
pad; and, secondly, what etfnct should be given to • letter
written by Lord Byron ta Mr. Leigh Hunt, declining to
receive • legacy left to tim by the will of Percy B. Shelley.
The VicitCnanceltir said that the usual course, as to
costa in administration euit, mud bo punned in this ease.
the general costs should be pit out of the general estate.
but me particular costs f each incumbrancer must be borne
by the property to which each incumbrance specially re-
ferred. As to the letter written by Lord Byron to Mr.'
Leigh Hunt, Lis honour ez2lained that be should be per-
fectly willing to carry out tte desire contained in it, but
that could net be done union every incumbrancer concurred
en permitting the executors to abandon the Legacy.
Mr. Amphlett, for one the iccumbrancen, intimated
that he could not concur in such a course.

lie Honour said there newt be a reference to inquire
whether it would be fit and proper for the parties interested
in Lord 13yron's estate that the legacy in question should
be received, and what steps should he taken in the matter.
This would leave it open to the parties, if they thought
right, to abandon the legacy in chambers.

COURT OF QUEEN'S BENCH.—YEsniumy.

UTILNUS

WL.II:IWg. ANY SM.
VIE (WIEN (ON TIM PROSECUTION OP FRANI) O.
WILMER ♦tD ANOTHER-SLANDER LPON ♦ MARRIED

LADY.--.C/LIXINAL INFOUX.VTIO2I.

Sir F. Therager said he took the earliest possible oppor- I
tunity of making an application for a rule to show cause why
• crimical information should not be filed against Mr. Ed-
ward Wilmer and Mr. David Smith, the printers, pub-
lishers, and sole proprietors of • newspaper called the
Liverpool Chronicle, for a most cruel libel upon the honour
of • lady, by which the peace and happiness of a most
respectable faini y had been shamefully bristled. The gen-
tlemen who was compelled to make this application was
Mr. Frank, of Aigburth, in the neighbourhood of Liverpool.
In 1847, that gentleman had married the only daughter of
Sir John Bent, a gentleman residing at Edgehill, also in
the neighbourhood of Liverpool. They bad lived together
on the most affectionate term, and the conduit of the
lady had always been most excellent. On Saturday last,
Mr. Frank was calling upon his nsetber-in-law, Lady
Beat, where he IM,I startled to learn that there were
rumours current in the neighbourhood that his wife
had been guilty of infidelity with a servant for-
merly in his establishment, and he was referred to Mr.
Mould, at Liverpool, fur information on the subject. He
immediately went to Liverpool, and Mr. Mould put into
his hands the newspaper which contained thr paragraph
complained of. (The learned counsel then read the para-
graph, which stated in effect that gossip had been making
free this week with two cases of conjugal infidelity--one
relating to a minister of the church, and the other to a
family residing at Aigburth. After giving some particu-
lars about the first case, it went on to say that the Aig-
burth business was sti.i more distressing, from the position
of the unfortunate lady, and an action was hardly likely
to be brought, from the circumstance that the offender
was a servant, not worth powder and shot. It was added
that the event had given • great shock to the health of the
lady's father, who possessed title, fortune. troops of friends,
and all that could make life desirable.) Mrs. Frank, con-
tinued thelearned counsel, had been compelled to submit
to the degradation, for so he mast call it, of utterly deny-
log that there was the slightest truth in any one of these
imputations upon her honour. He also had proof of the
publication of the paper, and that the parties against whom
be applied wire the proprietors of it.
Lord Campbell—l suppose your affidavit states that these
are the parties meant by the paragraph.
Sir F. Thesiger said his affidavits pointed out that this
was the only family residing et Aigburtb to which the
description would apply. There were no other married
persons there one of whose parents had a title.
Lord Campbell—You have evidence to show that these
ate the parties intended ?
Sir F. Thesiger—There is no doubt of it, my lord.
Lord Campbell—Then von have affidavits that the" par-
Use against whom you apply are the owners of the news-
paper ?
Sir F. Thesiger—Yee, my lord, the usual evidence. He
shield also mention that this newspaper was published
every Saturday. He was making his application before
the next publication took place. But in the mean time the
parties bad thought proper to publish an *deer-
Bautista, which be presumed they could hardly
consider as amounting to an apology, in the Liver-
pool Standard and General Commercial Aber.
fuser of Tuesday lest. It was beaded " Scandalous
Reports." (The learned counsel thee reed the advertise-
ment, which stated that the Lirerpool Albion of that day
made a reference to a paragraph in the Liverpool Chronicle
I of the previous Saturday ; that the slander contained in that
paragraph had its origin in the malignity of a discharged
invent; that all respectable persons must regret a state-
ment originating in motives so base; that the statement had
been industriously circulated and believed, and the Chroni-
de had inserted it amongst the gossip of the week, and that
the proprietors of the Chronicle regretted the suffering
which had been inflicted upon • respectable family, and
voluntarily took that opportunity of stating that a retreeta-
tion would appear in the next publication of the Chronicle.)
It did not seem to him (Sir F. Thesiger) that this was at all
a sufficient apology.
Lord Campbell—l do not think it disentitles you from
having the ruse you pray for, whatever effect it may have
upon a subsequent stage.
Rule Nisi.

BAIL COURT.-YESTESDAIN
MSM:4OII At $W PLUS.—lll.it/A1 ■L JvsHCI MOM AID