The Express.
London, England, 1853-11-22 00:00:00

COURT OF EXCHEQUER.-YESTERDAT.

BITTINOI IR NANOO.-BEFORN TN' CRISP BARON, NIL 181011
BR. BARON ALDEI]ON. AID MR BARON PLAIT.
GALWAY V. ILLAVAHALL.-ALLEGED SLANDSII OF A
• -

CLERGYMAN.

This was • demurrer to a declaration, in an action
brought by • clergyman against the defendant for slander,
the defendant having alleged that the plaintiff was the fa-
ther of an illegitimate child.
Mr. Turner. in support of the demurrer, contended that
the statements imputed to the defendant were not action-
able, because they did not affect the plaintiff in his profes-
sion, and they could not be connected with his avocations
u a clergyman. The declaration did not allege that the
plaintiff was a beneficed clergyman; and the charge was
one which could only affect the plaintiff in a spiritual court.
The learned counsel quoted " Ayr v. Craven" (10 Q. 8.),
and " James v. Brooke" (9 Q. 8.), in support of his argu-
ment.

Mr. Baron Parke—No doubt the charge against the
plaintiff would be actionable if there had been an averment
in the declaration that he was a beneficed clergyman.
The Chief Baron—lf what is aaid is spoken of a man in
his profession, so as to affect him in that character, the law
presumes damage—it does not in any other ease.
Mr. Baron Alderson—The case of " Ays and Cram"
decides that it is not actionable to charge a physician oda

incontiorot ; but .urs:y such • chugs must ••rest
bun aa 1... i r•.:e:Lun. I ,Rould not curb • man to
acme in•o my huu•r.

WilOi; in %uppert of the deeltra'ioll, urged that this
ep,s. ezilait the plaintiff ...is han to unlit him
foe tha disaharge of his saertd office. How could such $
asan bear the roifeesioa of a dying pers a, and pronounce
absolution in the name of the church ? The case of " Par-
-194 V. Carpestel." la which it had bees held that it was
weenary to aver that the plaintiff was a beneficed clergy-
man, had been overruled. He contended that it the words
• WA, ted the plaintiff in his office the were actionable; and
under the Church Discipline Act, it such a charge were
proved, the plaiattlf might be deprived of hit living. To
say cf a in-reheat that be was inaelvent would be anim-
als]., bee ,use it would affect him in his tuWorao So to m 7
or a hish,p that he was a papist would be fairly the sub-
ject of ~n or inn.
Hr. BUM Alderson—To aay of a bishop that he cannot
; Green—would that be actionol,le He must examine
clergymen in Greek.
Chief Baron—To report of a clergyman that he is a
common liar would be as injurious to him as any other
charge ; Lot yea could sot bring an action for such a state-
meut. Tne law of Englond dots nut encourage actions of
this sort.
Mr. Boron Parke—They were so very abundant is the
time of this ea Blissbeth that the courts manufactured a
rule to itop such action..
The Chiif II iron—lf we were to relax the rule which has
tingled for centuries it would O. rise to a number of
contentiou• actions.
The leaned eouwel twat on to argue that the words
spokes were such as would injure the plaintiff in his office ;
sad that there was in the declaration a sufficient statement
to enable the court to see, and a jury to infer, that the
words were spoken of the plaintiff as &beneficed clergyman.
is ItockiaFhatushire, within the jurisdiction of the bishop
•f the tlinet se. . . . .

1 .e 1•1.1,f Baron said the court would take time to consi-
der :• ; judgment.
J,...gusecit deferred.

.AYJKT OF BANIERUPTCY.—YerrEaDAT.

IN RZ ASHTON AND BPRIOO4,

Tha bankrupts were warehousemen, is Aldermanbury.
The case excited some interest at the time, owing to one of
the partners, Spriggs, absconding, and being pursued to
Australia, and brought back in custody, with cowiiderahle
penr.rty Ei• poisimaion. This was a dividend meeting
under tits joint estate.
Mr. A. Turner, representing the assignees, stated that
there had tarn three adjournments of the dividend meet-
isg, (or the purpose of allowing Mrs. Spriggs, the mother
of ore of the baskrupts, to pots proof on the file. At the
last =cities it was arranged that the proof should be as-
*Med by the 16th of November, but this had not been
game. fie had, therefore, to ask that the claimant should
be put undvr tents to oomplete the proof by a certain
lime. . . . . . . . .

Mr. Manning said that the delay was owing to the im-
prisooment of Spriggs, who was in Holloway prison, under
sentence of the Central Criminal Court.

The requisite orth r was made.
The dividend will be about 6s. in the pound, in addition
to 64. already paid.
Mr. Turner said the assignees had desired him to tall
attention to the 195th section of the act, wbmhy the court
was authorised to make an allowance to a bankrupt whose
estate bad paid more than 10s. in the pound. In the ease of
Ashton the debts en the separate estate had bees paid in
nod on the joint estate the dividend had now ezertded
10.. in the pound. The court would probably certify to
what allowance he was madded, having regard to the fact
that a htat•elass certificate had 'nominated to Mr. Ashton.
His Honour, after referring to the motion, said the
matter bad better stand over until the dividend now about
to be declared was paid.

The bankrupt, draper, of Romford,
absconded in 18.51, and proceeded to Australia ; he returned
to this country in Angst het, and wee apprehended at
Southampton, with considerable property in his possession.
He has mica been indicted a: the Central Criminal Court,
sad sennenel:to four years' penal servitude. This was a
meeting for the nomination of witnesses, with a view to
the &ornery of farther property.
Mr. Parry (instrueted by Messn. Ashunt and Sou),
attended on behalf of the assignees, to examine the wit-
tiness, who were severally represented by Mr. Cooke and
Mr. Lioklater.
Mr. Roger Peeks, woollen wenhousemen, of Ludgate.
street, deposed that on the 22nd of August last, a bill for
9891.175. 11d., drawn in favour of the baakrupt, and bar-
fag I: tile mute than a month to run, was brought to
him for diesount by Mr Morris, a cubism and neigh-
bour of his. He discounted it for 9.5 W. He knew
nothing whatever of Welsh at Welch ; had never
bend of him as tong is business at Romford.
He did not take Mr. Morrie's eadonement to the
bill, not thiakisg It of say value. He sew that the ac.
sumer was the late Governer of the Bank of Ragland. He
immediately sent en his clerk to Morris, Provo, and Co.,
sad asentaised that it was their acceptance, sad that it
was quite right. He got it discounted in Lembard-strret
at if per seat. per mass, wad afterwards beaded 9501. to
Harris in the preemie of Welch, whoa he lies saw for
the only time. Monis bud all him belies that that Welch
had previously been a neenneg 151st that Its bad retuned
trout the diggian, and bad promiM le give him (Morris)
an order fee come sloth-s pesefild be esuld get him that
bill discounted. Never Mend Week my that Welch bad
run away hem hie smatmm. or be would met have Mo-
menta tin bill kr the skis of It.
Mr. litiward Meads, take eel draper, of
st‘ted that he knew the banknqpil ly the sessiT..rtrre;
Welsh. At the time that the IMO wasdiseented by Mr.
Peeks he did set haw that Walsh bed elle away from
his sr that be wee an wisiellkatsd bankrupt.
Mad been tell by Mr. lid= moms time be that Welch
had sated is a very extxusidigny make: that he had
• posimesse bottom at Mossfesd, bat shut up his shop
sad west away Is Amtrak, is sommisense of a dim_ p•
We lovMsbid Weeklies. Welds Is Mr.
airit In . M
nephew se a asstemsr of bis who wanted a bill
dimes tad. Welch came ism his (MamiN shop, sad said.
▪ You deal know me ?" Witmer bad at him for a
wide, sad said, " Yes, I think I knew you, Mr. Welch."
He saki, " I want some dikes, bat 1 have net my
mosey—l have bees to Amtrak." He related that
be had bees very meensfal there, sad mid he wanted some
dean bat had not any meaty, ekes that M. lbw said,
" If you can let me have 501., asd let me have nail
I will leave the bill it Marls." Not kaiaks stab
sheet 11., witness it mess le Mr. Pekes
WI
Odd him that Welsh bad rowdy ems beaknephew hues,
Andratis. He mid* might lave lei Ms kW Welk
W shut up his des at thimillsd Oros we tsar years ago.
/boy made enquiries abed the am, fora it was all eer-
iest, and the nephew 1e it the shimeEMr. Walker
wed Mr. White, the misty, had "NM him
sleet Ibis matter. H. Mid rem that Welsh had
tam' it Is lb MEd% bit amid sot meanest
whisker be mid OM Welsh bed biked ham his median
sad behaved in a ressidlymatter. The mosey far the bill
wee paid in his shop, sat ilia did net give him say of it at
the time. He attunes& isesived frees Welsh 171. lls. ed.
sad 81.145. cm assent
Mr. W. H. /f of the km of Nodes and
teas, Nowetreet, psgen-strisat, deposed that Mr.
Joseph Powell was a diest of his. He mammy the bank-
rupt. Was apprised of bb rectos Is this sewthy by a letter
from Messrs. Aimed MA Is. gest the Id el Ostsber last.
He sever bad my semmaimilus with Walsh, sever saw
him, and all the faformaties be bed derived sliest him was
through his client, Mr. Powell, esasalting him profes-
deadly.
Mr. Cooke objected to the whams being pressed on this
point as it was a privileged communkation.
His Honour concurred, and said, Nall the OCKoollllliell-
lions were made with referees@ to the advice which Mr.
Powell was seeking from Mr. Norton, they could not be
enquired into.
Mr. Parry—Then do you tell me that whatever you know
about Welch from Powell, you knew by his consulting you
as his attorney'
Mr. Norton—Most unquestionably. I ma further add,
that never from anybody else, except from Messrs.
Askant, have I heard the man's name. At the
request of Mr. Powell who was a large creditor of Welch,
I waited cis Messrs. Askant on or about the 27th of Sept.,
to know whether the crediten would accept a composition,
and release Welch, stating that Mr. Powell would provide
funds to make up, with what was already paid, Se. Bd. in
the pound. I gave them distinctly to understand that I
represented Powell,and not Welch. I could not have dose
rotrwise, because I knew nothing about Welch. I had
never seen him. I did not know the bankrupt by the name
of Smith. By the direction of Mr. Powell 1 wrote a letter
addrissed to Mr. George Smith, at the King's Head, Wins-
borne. _ _

11i. Parry read from aprevions examination of the bank-
Apt • sta•ement that be bad received such a letter in the
saw of Smith from Mears. Norton, and that he bad
karat it. Upon this the learned gentleman contended that
lart was at liberty to ask as to the contents of the letter.
Mr. Cooke objected that the letter was pert of the trans.
tactics in which he was engaged for Mr. Powell, and there-
fore weld not be inquired into.
His Honour held that as the examination of the bank-
rupt had been taken in the &meow of t►is witness, and for
aneiher purpose altogether, it mold not now be used as evi-
dence as to the destruction 011ie letter.
Mr. Joseph Powell, of the Shard Arms Tavern, Old Kent
Tad, deposed that the bankrupt, whom he had knows
muse time, left in 1851 for Australia, and returned to this
eonntry on the 19th of Aug. last; about *month afterwards
be milled upon witness, and deposited with him 7501. in a litthe
bag ; he afterwards took from it 1001. leaving 6501. in wits
ness's possession. He said he wished to offer a part of it
to the creditors, and with the rest to buy goods and go onll
again to Australia, in the hope of earning enough to peg
all the creditors in full. At his request witness instructed
Mr. Norton to make an offer to Messrs. Ashorst on behalf
of Welch. Witness ►ad no interest whatever in the matter,
but was to be paid a portion as well. The whole, of
the 6501. bad been given up to the assignees after the
bankrupt's apprehension. Witness had not authorised
Merits. Norton to write to the bankrupt at Win-
borne in the name of Smith, and did not know
of such • letter being written. lie did net
know of any oilier property of the bankrupt in any part of
the country. tVhen he took t►e messy to Messrs. Nor-
ton's office it was after the failure. lie believed Mr. Nor-
tea was then out of town.
M r.

I board that the mosey was at
cilloo I abseiled • clerk to Mum it to Mr. Powell, and
asepsis% Mu to pay it to the assignees.
Parrp—That he hoe dose.
Mr. Combo sod Mr. Liaklater applied for the *venni of
st Omit reamos psoMve alien% which were ordered to be paid out
lb*

MIDDLESEX ESS lONS.—YEstEuu tT.

The sittings of the court far the November general see-
Sion were resumed this n.orning, by adjournment from
Clerkenwell, at the Gis:l4l:-::, Broad Sanctuary, Westmin-
ster, before Mr. Serjeant Adams, the assistant judge, Mr.
Witham, end a bench or nia7:,.ratcs. The calendar was s,
heavy one, there being IOS prisoners for trial,-103 charged
with felony, and b with misderniesamar.
The Assistant Judge shortly addressed the grand jury,
after they had been sworn, and in the course of his obser-
vations alluded to the remarks made by the grand jury last
week at Clerkenwell, to the effect that they considered the
grand jury an useless body—in which he concurred.
An application was made to the court in the case of a
prisoner named Gilbert, who was convicted last session of
obtaining money under the false pretence that he was an
attorney. The prisoner was remanded 13 this day for judg-
ment, and it was now asked that the court would allow the
case to stand over till Wednesday, as it was expected that
by that time the prisoner's friends would be in a position to
lay some evidence bearing against the case for the prosecu-
tion before the court. The arpliestion was granted.
Josses Trimmer, 30, pleaded guiity to an indictment in
which he was charged with stealing the sum oh 4s. Bd., the
moneys of Charles Arthur Herbert, his master.
The Assistaat-Judge having read the depositions said,
this was a ease of till-roblery—the prisoner was suspected,
money was marked, and afterwards found upon him. The
seaman was, that he be kept to hard labour for nine
calendar months.
_ _

---/;AOrrias /3Ofiey was p:aced at the bar.
'ibis prisoner was convicted on the 81st of October, for
unlawfully being is possession in the night time of house-
bricking implements without lawful excuse. There was
no allegation in the indictment that the prisoner was in
poowssion of them with intent to commit a felony, and the
Jury found that he had no such intent, and the point as to
whether the indictment was good under these eircumstsoces
sou reserved for the Court of Criminal Appeal, which held
that no such averment was necessary, and affirmed the con-
viction.

Mr. Metcalfe, for the prisoner, would remind the court,
now it was about to pan sentence, that the jury were of
opinion that the prisoner had no intent to commit
felony. Though the superior court had decided that it was
not necessary to aver the intent, the opinion of the jury
might be considered in awarding punishment.
Mr. Witham (who tried the eon) said the prisoner was
a vary bad character, and had been convicted eight times.
The sentenee wee that he be kept to hard labour fur two
years.
Henry Hans, 22, was indicted fur feloniously ernbcsaling
the several sums 6(101. his. 41d. and tis. received by him
for and on account of his master and employer, George
Shepherd.
Mr. Poland prosecuted, and Mr. Ribton appeared for
the prisoner.
The prosecutor in this ewe was a baker, carrying on
business in Iligh-street, Kensington, and the prisoner had
been in his employ for upwards of twelve months. The
sums of money mentioned in the indictment were received
by him in the course of his duty from his master's cus-
tomers, but never accounted for to him. From the crow
eaamieetion of the prosecutor, it appeared that shall;
before the prisoner purloined the first of the sums men-
tioned, his master sent him from Kensington into London
for the following purpose. He and two friends had clubbed
together half a sovereign each for the purpose of backing
hones at the then approaching Ascot Races, and the pri-
soner was sons to iliddleton's betting office in St. Mar-
tin's-lane, to lay ou: the money on "Chief Baron Nichol-
son," " Teddington," and " Cheddar." With respect to
the bet nn the latter he made some mistake, in consequence
of which he and the prosecutor had some words. The
prosecutor sent him back to get the 'Mr righted,
bat the proprietor of the " office " refused to
amend the ticket, am: the prosecutor consequently lost the
money. On being asked whether he had not on other oc-
casions sent the prisoner to betting-offices, he denied that he
had; and in answer to a question as to whether he had
not taken him to a prize fight, he replied that he had been
to fights himself, but the prisoner n went an inch
with him. He never told the prisoner that he made
more money on a fight than he lost throeghithe prisoner's
mistake about Cheddar. When the primmer was appre-
hended he told the constable that he owed the trouble he
was in to horse racing; and that if the prosentor had only
waited ia short time his mother, whom he expected from
the country, would have paid him the mosey.
Mr. Ribton said hs could not deny that the prisoner had
appropriated his master's money, but it was evidently one
of that class of cases where a strong temptation had led to
the commission of crime. The prisoner's toaster had sent
him to make bets on horse racer, most improperly he would
say, and this bad induced him to make use of his employer's
money in the same way. This, however, was matter for
the consideration of the court, sad not of the jury.
The Assistant- J udge in summing up, said, although what
the learned counsel had urged was not, as he had himself
said, any legal answer to the charge, the Court could not
but very much regret that the prosecutor in this case should
have employed this young man, even but on one occasion,
in going to a betting office. When they looked at the fact
that the first offence was committed immediately after he
had been sent there, and that he had been in the prosecu-
tor's employ fur twelve months, it almost led the Court to
the belief that the master's own conduct had somewhat con-
dined to the unfortunate result of the prisoner being now
tried. There was no greater curse of modern time than
these betting houses, and the prosecutor's conduct was
strongly to be reprehended.
The jury returned a verdict of Guilty.
The Asesstaat-Judge then said, that the offence of which
the prisoner had been convicted, would, without—he would
not my the excuse or palliation, bat without the cinna-
mon", disclosed ia the crose-examisatios of the prose-
cutor—have been severely dealt with, it being • case
of a character the court always looked upon seriously.
But Ia this instance tSe Court felt that the prisoner had
been led it. temptation by the conduct of the prosecutor,
and, teldng all the circurnstanem Leto cossideration, the
Court wee of opinion that three menthe' imprisonment
would met the ends of justice, and as he hod already been
over els weeks in rime, the Benumbs was that he be far.
they befriend lier ein weeks with hard laboar. When he
easse est. Mt him de his best to redeem his character, and
the OinetneMillemeamend him to have nothiag to do with
horse ming kr the fetare.
Mary Devine, 26, pleaded guilty to having stolen some
aetlelm of plate value 81., the property of John Chapman,
ha his dteeniNg-hew.
The peeesseur a e 'Glibber, at 142, Strand, and the
robbing wee esnamliMill ea the 244 inst. When before the
maghteats the primer did not deny the robbery, but said
he nee leert-telltes, and hid made his mind up to get
sem mean to p se Australia.
The AmiserenJudge mid he had been informed that the
was a 411• Viet out on • ticket of leave. He did not
bow that was.
II Mr. O'Brien mid he would explain that. The pprisoner
woe assented in 1819, and sentenced to tnmpertatlaa, and
slam Mist time he had been sent mere than saes to a lunatic
se=mail at len* was seat to Gesgert.
sergeant IS lf said he had made inquiries at the
Hems-ellseiz oeds
dhe was told theme that the prisoner was
the Stirling C Bulk, at Portsmouth,
on thdlialina of let swath on a tieket of leave.
Ilmosnoleble who had the primmer in shells is 1849 said
the Messer before that led bees Mel cad sequined three
time. Me was tremsperted Ss a ream of lochs at Dar-
teems Holborn-bill.
The pbetaer's mother primmted herself, and, in answer
to the amt, pee the foaming history of the_ prisoner
slime hie eennetios. He wee fret sent to the Millbank
Pasitentiery, whore he remeised viz months, and from
themes to the Model Prison st Paeleaville. He was there
abort Ave weeks, and wee then sent le the Warrior bulk at
Woolwich, where he esemelesil eight or nine weeks, and
then he was sent to P. There he was kept a twelve-
month and a day, end wee the spin sent to the Warrior
hulk, where he was kept three weeks, and was then again
sent to Bedlam, where he again remained twelve months ;
then he was sent down to the hospital ship at Gosport.
Prom thence he was sent to Dartmoor, ia Devon ; be was
there but • week, and was agate sent back to the hospital
ship. He wee discharged some time in October last.
The Assistant Judge said be should like to see the die-
charge paper. It was a very singular case, and he thought
the best plan would be to remand him until the next ses-
sion, and he should wish the state of the prisoner's mind
to be inquired into in the meantime.
Mr. O'Brien said he was informed by the prisoner's
mother that be sometimes appeared as collected as any one
mold do, and at others he greatly excited.
The Assistant Judge said there wee some expression about
the prisoner's fare which led him to this belief. Hs then
ordered him to be remanded.

The prisoner said he received a blow on his head from
some timber falling on him, at the hulk at Woolwich, after
his conviction. Ile was then sent to Bedlam, and was not
lit for anything afterwards. When he committed this rob-
bery he really did not know what he was about.
The Assistant Judge said all this would be inquired into.
The prisoner hoped he might be placed in a separste cell,
as it wee possible that, if he were not, he might do some
mischief when his head became affected.

The Assistant Judge said the prison officers would attend
to that.