The Express.
London, England, 1860-05-23 00:00:00

DIXON AND WWI V. EL SCH.

This was an action for an assault and false imprisonment,
tried before Mr. Justice Wightman at the sittings for Mid-
dlesex during last term, when a verdict passed for the plain-
tiff with 1001. damages.
Mr. H►wkins now moved for a rule calling upon the
plaintiff to show cause why • new trial should not be had
on the pseud that the verdict was against evidence. and
also why the damages should not be reduced as being ex-
cessive.

The plaintiff is en ironmonger, and be had supplied goods
to the extent of 281. to a Madame Schulte, of Cles-street,
St. James's, whose husband was said to be an American.
The defendant Busch had been a captain in the Prussian
service, bet having left his country he came to London, and
took up his residence at Madame Schulte's. The plaintiff's
debt being due along time, she having in vain on many oc-
casions made application for it, it suddenly struck Mrs.
Dixon, is she was walking one eveuing with her children in
St. James's-park, that she would make a call at the house
in Charles-street, and make an effort to get the money.
When she got there she appeared very importunate, and
was by no means disposed to satisfied with the assurance
that Mr. Schulte had not r yet returned from America.
She harangued a crowd which she collected outside the
door, and finally gained an entrance into the house, took a
seat in the hall, declaring she would not leave until she was
paid. In that dilemma rho defendant Busch summoned a
policeman, and gave Mn Dixon in charge.
The Chief Justice supposed that the jury, in assessing the
damages, took into account that the bill had not been paid.
Mr. Justice Wightman thought the finding for the plain-
tiff wile quite right, but that the damages were excessive.
Under these circumstances a role was granted to reduce
the damages.

COURT OF COMMON PLEAS.-1&:22.

Sittings in Banco.—(Before Lord Chief Justice Erie and
Justices Williams, Willem, and Bylea.)

AMANN AND DAMIL-PRIVILSOLD COMMUNICATION.
This was an action to recoverdamages for 'dander, and at
the trial in the Lord Mayor's Court the verdict was for the
plaintiff. Subsequently a rule was obtained for a new trial,
on the ground that the judge should have told the jury
that the alleged slander was a privileged communication,
and to-day the matter came on for argument.
The Lord Chief Justice said he thought there was privi-
lege. The plaintiff, being a clerk, was sent by his master to
the defendant's place of business for some boxes, and
having got them he TIM away from the how*. The de-
fendant afterward, missed a mathematical box ; and he
went to the plaintiff's employer and asked him to come
into another room as he had something private
to communicate. The defendant, when in the private
room, there being no other person present but
en English servant, said that he had missed the mathema-
tical box, that nobody had been in the room but the plain-
tiff, and that he must have taken it. It was reasonable
that the defendant, if he believed the plaintiff hoot liken
the box, should warn a brother tradesman who employed
the plaintiff upon the subject ; and it was also reasonable
that the defendant should, under the circunwtances, follow
the plaintiff to where he thought it was likely to find the
missing property, and to ask, as the defendant did, to he
allowed to look at the plaintiff's drawer, to see if he could
find what be sought for. Under these circumstances the
communication must be held to be privileged.
Rule absolute.