The Express.
London, England, 1860-01-16 00:00:00

COURT OF EXCHEQUER.-,Tux. 14.

ittinp at NMI Prima—(B4am Mr. Barna Bramwell sad
a Boadal Jury.)
amnion v. munca.-011NERAL JIATSODE CUD.
(Concluded from Saturday's laympar.)

Mr. Baron Bramwell, In lamming up, said that the plaia-
Ulf ootoz=uat the defendant had uttered of him certain
words told, character es a 001111114 the charge
being that lee hulled the Bashi-Bazooka under hie cone.
mead to mutiny he arise to roma his gag espereaded In
his emamend, end thee be had canoed his meet lo alga a
rand robin with the gee object. No charge geld beam*
earieng sad no desk it imputed mieemednot whisk eared
the weeds Ss be shaiwons. The first quack* had the
doteadeat spokes the words complained of. The degmdent
admitted before the court of inquiry that be bed seed
the weak or others of a similar purport, but Garai
.Nehley la his examineglea had said that the deem-
dent tad told Ida there bad beim en attempt at
entetlay, and that there bad been a round robin
I get ap amongst the men. If that were so then wae no
Imputed.' on the plied( that he bed bees madness er had
got up the round robin, and would he a woy delleesat Maa►
meat from that which the defending bed .d lei be bad
made. If they thought that the 6sluallsatt bed altered the
words, as admitted by him, they mast Owl he the
bat if General Shirley's verges were ogreet, than es, mast
lad for the defendant, for be scaly never spoke the weeds
complained of. Theo it was said on behalf of the dilmideut
OW the communianka wee privileged. Revise shad Ohs
expressed by Lord Wensleydale and Judos
letfaa the law of libel, hie lordship iprOleeded I* say they
bad to consider whether, supposing Kr. dime believed
It wee hue, he was Weald is ads the cone-
seenkatios. No doubt the diesligie received from
General Vieille by the delcmdaat woe to give
the hiked informatics to General Shirley as to the state of
the ompe. It was, therefor, exceedingly diffithle to say
whether Mr. Shane was cot bound to give all heformation se
to the antecedents of the corps. Whether they find that
the annmtuiloations worn relevant or not, yet, if they were
madeby the defendant, believing they was tree, sad is pur-
ges*, of his instructions (nun General Virtue, then he (the
learned jedge) held that in print of law they were privileged,
end he would dire, t them to tied a verdict her the dean:dant.
Bat if they were made to General Shirley not is the sup-
posed dittgge of his duty, but to him se he weld have
made them to gay aro else, then they were not privileged.
Bel they nest ales raweraber that a men could ace gratify
hfs glebes under the cover of a privileged cioncriunkation ;
and if they found actual evidence of malice as the part of
Mr. Slums towards the plaintiff, thee it was not protected.
They should not lightly suppose that the defendant bore any
malice against the pleintiff and the oil y reason widened
was that General Nation bad toad Mr. Skims he could not
be on the same terms with him if be continued to isecoiete
with General Nkl. He might, If so inclined, have made the
cemmeankation tooth eooner ; and therefore all the argumeote
to Meow that the defendant ems not acting in his official reape-
d/ also west to show he woe not actuated by malice. Upon
L 4 part of the owe Gory had to consider whether the defend.
ant, wiumbe uttered the word., believed be wee eating in the
Mad fide Mohan' of hie duty ; acondly, were they uttered
without reference to his duty ; and thirdly, were they uttered
moliolonaly. The two questions no winch their verdict de-
pasted were—first, whether the defendant spoke the words,
and if so, wee the communication made in the dim/barge of
his duty, and therefore privileeed. If they head far the
plaintiff, rhea there weld arks the queetion of damages. He
thought it would leave been mere besosaleg if the defendant
bad said that he receiralsed therepwt Its had circulated to
be erroneous and be gladly lodged It. The plaintirs
dewed* was dewed, but It would bays beta mere bmsoing
if the deleadust hid coogibeited So the clearing aft. It was
perfectly yobs* that General Beaten bed en ited his edema
to mutiny, or that be bed got up a rood robin. It teethe law
mid it would be mart le be lemeated were it otherwise, %lei
ihe persenerleo circulated colonels. should be bold reeperibla.
If a puma mead he bead guilty for receiving Neigh gook,
why ebriald not • men be Mid responsible for reesiehe a
stoke olageler, and though Mr. Sims was not so bad fie
the fagots, ef tba cosy, yet if he lightly reported ft he
'scald be rampsweible. Hie lordship ooncladed his summing
ap, which ecoapied precisely an hoar in delivery, by leaving
the question he hod 'tinted, stated to tie. jury.
Theist, tasked at half- put 3 o'clock, and after en hour's
absence aslateed kite c met with a verdict far the dehadaat,
as the erased that the ocramnaioatioa wee privileged.
The folomen, medlar from a srittea paper add—Tbe jury
whit strongly to expprrww their regret that the defendant, ke
diesewering bow ukusdd the reports were, bad sat thweght
pram to withdrew them.
Mr. Bovill—Gemeaunkstiome peened bstwasa Omni
Bashes sad Hr. last" but as they were wet a view to •
gestiment, I minivet, 0111W411100111111ell
SW eds. If °twat Bohm dine sat 'Weil, 71.1ir'sliii
West Met sot is drinsd Ana vas is Mesa* le
the therph