The Express.
London, England, 1851-06-23 00:00:00

Saw intelligence.

COURT OF QUEER'S BENCH.—SATURDAT.
APTTIWIA AT Nl.l ruse.—Mom time Ceareeli.
Non-artustoinell or Strut st Jeans.
Urge the eerie jurors is the first ease Whig failed,
an. Ili eat WWI to eau • jury.
LealOseplaiseid buner7=i it would be_ fag misread
rfusesa ea die iurf snot awri cis ailm*
It was alt
t
....c.,..=.=
...n:6=‘,..ttz, fr:clusaillgte their gent low.
ads speedo& withered: extuneraticm,
= mad tha 1:s1Vos iespaistr ranks ast Mead. It
tees es day. mike the art of peritonea* to Ls Ilea a
W
s
iz% = sad eranted they weak
At $ sa larqueut pal oftheeells
lardthip siel be bed gessived • tatter frost the area
ethaleollok ao 'noble hole ahe' ; but it mast b. gsesseig
theletleol thie that was ant smarm wag et thearallag $
ea • partraust steed MINK or depot, me" peereere
Aler him if le wished to take an sz
Me ti
eseld take no notice of litterseillieeleil le
?wannest e. Lawson.—Lsath.
This MO sa eldest brought aziale the delhathat
_en
_the
of the Ti *RIM ask published
galiggre "Marrearlrith of December leth
'The delbethat pleaded not guilty, sod also a justille•-
the allefile that the whole of the statements were tree.
The Attorney-General stated that the present action rfSS
='recover compensation for two most serious libels
is
in the Times, and which left him in astonish-
Una at the course pursued in defending this action. His
Ihlt wee it could not be the proprietors of the Time that
mere does so, but that thero must be emu parties
behind whir were really defending the ere. The
Wee imerpleeed of appeared in the shape of repeal
Of eartels pese=alleged to have taken place haws
Musa Matt st upon en application for aa Wee-
=eider, sad the gravamen of the charge was that the
had published en ere 14th an account of the pee•
swamp which took plane on the 10th. stating certain bete
OS ssueristed in sillisvits which were not contained in ear
efildovits at all, and sa the 16th had published a further
mew* of tits re proceedings setting out an affidavit se
UM, beet need on that occasion, containing most slan-
derous aseurtisas against the plaintiff, when in fact no
thie althea IM ever been used ai all. lie could not sup-
ple" Mat any penes connected with the Times had fur.
Wiwi thee reports ; they must have been sent by the par-
tite who were lit lag with the plaintiff. Anil what he
eamelead of vissi that, having circulated those libels,
they bed mewed every species of redress, had
refesed to eases the name of the person at
Mess imaigation or by whose means the libels had been 1
Ithered. awl op inst whom the plaintiff would have wished
to pressed ; bet, being unable to And out the author of the
Mel, be was compelled to bring this action against the
Mews. The justification which had been pleaded would
compel him to go through a lung statement of the fists out
of which the proceedings at the Judges Chambers arose.
The learned counsel then went very fully into the causes of
litigation, of which the following may be taken at a sum-
mary. The plaintiff. in lOW, had established a distillery,
called the Dishopegate Distillery, which he carried on tall
1817, when the business having very inueh increased, he
found his capital insufficient, and was introduced by Hr.
Cortickl, so attorney, to a Mr. Davis; and, after certain
preliminary negotiations, a partnership deed was entered
into on the 11th of February, 1848, by which it was agreed
that the joint capital should be taken at 7,0001., on.
half to be brought in by Davis. The pine, eteit
In trade, debts due to the distillery, de., the
belonging to Florence, being taken at that resent,
and the goodwill was estimated at 1,0501., et white
Davis was to pay one-half to Florence. During 11110 1
Flumes continued to assist in managing the busker% mill
in 1849 Davis assumed the management, but Florence was
informed that he was not attending to it as be ought to IS. '1
He had taken a house at the West-end, and launched get
into ea expensive way of living, and at the owl et IND
the concern assumed a very unsatisfactory_ Wet. he
I
learned counsel then read letters from the phiallff to Ihode.
complaining of the way in which he was tetzeetiperese.
burly as overdrawing the account at MA
drawing out sums as profits beyond whet the prothesthip
deed authorised him to do ; sad he she sent hie a lia.
lance-shect for the year 1848, showier *profit for the yew of
9961. The lcaread usual then mmAiaucd :—lt ended in
a determination bang come te to dissolve the part-
nership. The sesseee were gins into, and it was
found that there MI • ma el 3,2341. due from the
concern to Florence, sad lb Ill• Swarged that the business
should be made over to Dab, sad that Davis should then
make a mortgage to NINA dir NM doe to Florence. This
was accordingly done, and UMW out by deeds dated the
16th of October, and it was agreed that Florence should
for a time manage the busies's for the purpose of retrieving
it. In December a further sum war advanced to Davis ;
and in January Corfield, the attorney, appeared and
claimed a debt due to himself from Davis of 6501., and gave
notice of his intention to apply for payment under the pro.
visions of the bankrupt act. Florence then determined to
realise his security, gave notice that he should no longer
act as manager, but should enter as mortgagee, and ent-
trier. Leahy to sell, which he did to the amount of
spon which Davis and Corfield gave him notice not
to pay it over to Florence, upon which the application for
the interpleader was made, and the proceedings took place
Owlet& the libels profeeessl to be report.. The affidavit pub-
lished wagons purporting to be made by Davis alleging that
he had been defrauded by Flumes es to the
vase of the business; that the account afterward. &r-
-el eased by Florence as to the profits for 1818 was fictitious,
sod eight to have shown a km instead of a proat; that
Davie had introduced 7,000 L into the concern, and had been
deferred of the whole by the plaintiff The report on the
lath eleupied nearly two columns of the Times, and was
beaded "In re the Dishopsgate Distillery." The corn
soensellent was printed in a different type so as to catch
the spy and the report, after setting out the affidavit, con-
dededadietating the a course the principal allegations in
Hie et VMS lbstrisi by affidavits on the other side;
bat. la het, no ewe allei ever hail been used before
ipmegs., nor ha the plakeilfsint
or Ina etiology sal hawketia
r
that any sock woe to Weems until he ea thill meet la
the Twee. The hatereisther order wirier was mile al
rested that owe gusesleas shield be tried ea to the well,
of the us& by whisk Tionnee claimed the wren in the
wastiwaosea beekea the gated that then dethe meth
• hathathe prelems% Ind thet wise swath ea eli
bee ale to have bees deem up epee the mem el me-
sei ideals, bet is.. of these were made by Davie. Aa
emplissiles was ends le the judge at the time of the Yaw
fag to have the siblathe wed filed, and whoa the repot of
the ease wee bangle te the notice of the plawlifi weer-
say be ohs sad • peemptery summer. seem spa the
Wer am ewes why that Ade* Meld ad be
oad hmsdletely wrote a letter to the editor of the
rum, ilsopinbsiss "lithe report of the ewe la Oho Tithe
of the Ma% sal Ilia as such affidavit as the disk& te
bed been used. end that en apparels bid Ma slab bit
tar;
etsand a summonstaker' owls tbath that seine
letter was wit published Athena tho Mb wail
leek. la the istrudne the maw semi on beam Mr
hassulleveiths summons was attended, and the
lie' by Mr. Corfleld , who appeared kr De mad
MOM , who appeared for the Miner, at
(he having then boo wade • barempill, ea the =
that the allele hid arm lees used. MI the
I edge Lamed the somas on that asset sad milt
emus Moog °beanies= upon the way la whisk the sea-
teats ef the Wthiseit am have beam them. Ler
dia=er the woman was disposed dMr. ffetbareel,
the e estemy again wrote to the seer a the
=deaLs the _ awl man that the
Judge eatheed the smear es ths pseu d that
M sedavitled moor bees used. awl therein be bed as
Jerialiseen to Miry it to lie Li The My woad he ear-
piths& le less that that leen had never been Mewed in
the Time flea that day to this. Oa the 18th en
Mt was wade to the Marry te the Ames Mr=,
emplaising of this, who reamedanswer that one of the
leases woad wear the neat seeming, sad that
the (steads. had bees delayed by press of
ter; and, anordhigly, ou the 19th the letter
of lb. 16th appeared, de" having at that time the letter of
Ira 17th in their peorension. Hr thought that that was
thestestrasediaary ended on the part of a public journal,
sull that no press of matter should have prevented them
loan publishing the mower to the libel they had circulated.
The plaintiff ge se redress (either by thapep=if the
wiliest or by- of hie letter), ea was
mho to Kr. Deal to know whether he would give the
=itil the pewee who furnished the report and dead
his mew k, er lone the plaintiff to his remedy
gybe the plasm. To that as mom was ever retuned
bat time eseths aftwonwle the judge's clerk was teemed
te flu the ethieva impede& es ems 7.4... s ... east
ilea. Ilte hem& ammei them weft We • alissniant
b• ram that Mr. Leh had we lees OD to the
lath el the eiessea, ad ...hided by seeing Met what-
ear wee the eillasseo beams Me. Davis lei the Meth.
tent was me le be bat eigthed la •Mt way, eel set to
be treated as ft bad been ea die sawdust, end he regretted
that a powerful journal, which is wawa paid great regard
to privies .Weser and ham shield on this maim
have bees Wand to epee bon detbeiweel mule.
lir. lake Lam Maud ins thin ailed sail en.
seleed by Mr. Manisty, awl penal the pablisalisa OM
papas with the libel', swil the pressedige a the liege's
Illmrabsts, as shawl ia the opesiag of the Atheury-
Osaeral.
It ems Ma beimeni that Mr. Baron Platt we la at-
aseress, laving
Bass' besa othimased to prove what leek pie.
Le Oseplie—l awed neweasead hie lea* to
ehat althea ia sash • maw. It would be wait wasea set
dy
to esweine Ma lads he sae a
ar. Mulafrop ea te • elisellarierhish Tionameth
love thatudi sad Light lemma bad ben amilee% sad
mem in whisk Leal Cheesehr °Mahan bed his.
es=allffs and bad Maid awl bees eumined.
=—Theee were wry dereella erns. I Imo
gerlath Aka es a wham, bed to
is a
to path what whew wee gins lease blea ia •
em I should esaider way wesealp, and
essemati hie halide aot to they ea* • sub-
mits.
The othemithess tithe wham was them owilaned ; and
SO MIMI ermiel wan ~lig es go in* widens* to
&lit the plea a jusdthe whin
Mr. gushy said the &Meant did net bath to use
Ng isipitatio• wine the Flask,. sad would whhilaw
bet rise.
The abeam ea orsmoonbeam by lb. lateley, said
agg ge agile* was prodtha bibsfie jades et dewy
biMeDiviLihesfroy—Did not Xt. Lae% lle saltlike whe
agesseeha the soareass, sad Mr. Coda!, prom to ben
Oa Abet used ?
Wilon—ills nabob wee Aria to ow I sMostsd le