The Express.
London, England, 1866-05-31 00:00:00

LAW INTETAJGENCE.

gins DAY.)

BAIL COURT.
Sittings at Nisi Prins at Westminster.—(Before Mr.
Justice Mellor and Common Juries.)
DIGBY V. JONES Aso ANOTHER.—LIBEL.
This was an action for libel against the Morning Adver-
tiser. The defendants pleaded not guilty.
Mr. Digby Seymour, Q.C., Mr. Willes, and Mr. Bridge-
man were counsel for the plaintiff ; Mr. Coleridge, Q.C.,
and Mr. Barnard were counsel for the defendant.
The plaintiff in this case was a printer, and bad been
connected with Mr. Cannon in printing for him the South
London News and Cro#don Free Press. Disputes took
place between them relative to financial matters, and ulti-
mately the proprietors instituted criminal proceedings
against the plaintiff and his partner before kir. Belle at
the Westminster Police-court for perjury. A report of
the proceedings was inserted in the Morning Advertiser, to
which no exception was taken, but it was afterwards sup-
plemented by a letter, the libel in question, which it after-
wards appeared was written by Mr. Cannon. Before call-
ing evidence,
Mr. Justice Mellor asked if it was possible for the
parties to come to terms.
Mr. Coleridge said the only difficulty was that another
action by Mr. Digby's partners was pending. He thought
both actions might be arranged satisfactorily to all parties.
Mr. Seymour said nothing had been done in that action
yet.
The learned counsel conferred and then stated that they
had agreed upon terms, viz., 501. damages in this action,
and 25/. in the other, which was to be stayed.
Mr. Coleridge said the Morning Advertiser did not wish
to do indirectly what it could not do directly. No justifi-
cation had been pleaded because no doubt the letter com-
plained of went beyond the bounds of privilege. The letter
in the first instance inadvertently got into the paper
without the knowlege of the editor and by mistake.
Mr. Justice Mellor said it was from his knowledge of
the respectability of the Morning Advertiser that he ven-
tured to throw out the suggestion of a settlement.
Mr. Coleridge said there could be no doubt that the
letter got into the paper by mistake, and afterwards, be-
lieving that the writer would be able to prove its truth,
the case had since assumed a question of character so far
as the Morning Advertiser was concerned.
Mr. Digby Seymour said the plaintiff had brought this
action simply to vindicate his character. He did not at-
tribute the slightest personal malice to the Morning
Advertiser.
Verdict for the plaintiff 501. damages.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
WILSON V. WILSON, THE QI;EEN'H PRoCT(R INTERVENING,
Mr. I). Seymour, Q.C. and Dr. Swabey, for the
petitioner; Mr. A. S. Hill for the respondent; the
Solicitor-General and Dr. Spinks for the intervener.
In this case the petitioner, an actress, who went by the
name of Lillie Lousdale, had obtained a decree nisi for a
dissolution of her marriage, on the ground of her husband's
adultery and cruelty, but the Queen s proctor had since inter-
veted, and charged the petitioner with collusion, and with
having herself committed adultery with an attorney, at
Birmingham, named Smith, who defended Palmer, the
poisoner.
Mrs. Stephens, of No. 12, Easy-road, Birmingham,
stated that the petitioner lodged with her for three or four
months in 1862. Gave her notice because Mr. Smith
visited her most evenings, and witness did not think that
prudent. She had told witness that she sometimes could
not help putting her arms round Smith's neck and kissing
him, as he was such a dear old friend of hers. Expressed
surprise that Mrs. Smith did not also call upon her, and
she said that she did not care for lady friends.
After giving her notice witness said that Mrs.
Smith ought to know of her husband's viaits. She
was excessively angry and insulting, and she threatened
to strike witness, who was obliged to obtain the protection
of a police-inspector.
Cross-examined—She spoke of Smith as her father's
friend. Her father was Mr. Holt. No complaint was
made by hint or by Mr. Smith, because witness had sent
to Mr. Swanhorough at the theatre, to inquire if anything
was due to Miss Lousdale.
Mrs. Gilmore, also of Easy-road, who said that the pe-
titioner afterwards lodged at her house for seven or eight
months, gave evidence of a similar character.
Cross-examined—Smith used also to kiss the petitioner's
sister. She said that he had nursed her as a child, and
that she felt more towards him than she did towards her
own father. Saw no impropriety in her conduct beyond
the kissing.
The Judge—Did he kiss her on the cheek or forehead?
Witness— ()it, no. (Laughter.)
A servant of this witness named Smith spoke also to
seeing Smith with his arm round the petitioner's waist.
Once when she burnt her leg he visited her in her bedroom.
Once she found her room door locked while Mr. Smith was
near her.
Cross-exrunined—Lt was opened immediately. Witness
used to knock, but Mrs. Smith said that witness might
come in without doing that. Had not seen Smith put his
arm round the petitioner's sister's waist, but had seen
him put it round the petitioner's waist in her sister's
presence.
William Saunders—l was " boots " last summer at the
Eagle Inn, Stafford, in the place of William Bickley, who
was absent at the amazes as a javelin man. Recollect a
gentleman and lady coming in one evening at about six.
I lighted them up to the best bedroom, No. 5. The next
morning, about 19 o'clock, 1 took their luggage to the sta-
tion ; and fetched it out of their room. I
saw hem at the station. At this time I did not know
who they were. After the gentleman had given me some-
thing for bringing the luggage down James Myatt made a
communication to me. I went back to the inn and told
Mrs. Itowbottom, the landlady, what Myatt had told
me. One day in January last I went to Birming-
ham in company with the chambermaid, Sarah Embry, and
Mrs. Butler. We went to Mr. Smith's office. I saw Mr.
Smith coming out of his own office and also in the county
court. He was the person I had seen at the Eagle. I saw
him in the court with his hat off, and I heard him speak.
I have no doubt that he was the person I had seen. I did
not see the lady's face either at the hotel or at the station.
James Myatt—l am post-boy at the Swan Hotel, Staf-
ford. I remember seeing Saunders on the platform of the
North Western Railway. He had a shilling in his hand,
and I asked who had given it him ? He said "The gentle.
man in the white hat." I remarked, " Why, that's Jack
Smith, of Birmingham, who defended Palmer."
Mrs. Rowbottom-1 remember a lady and gentleman
coming to my hotel on the 19th of July. They asked for
a bed-room and a sitting-room. I showed them into their
sitting-room, and I told the chambermaid to let them
have No. 5. I recollect being struck by the way in which
the lady's face was concealed. They had salmon, steaks,
and other things for tea. I saw them again the next
morning, but I did not see the lady's face. Have since
seen the gentleman at Birmingham, in the presence of Mrs.
Butler and my sister. I saw him in a cab going down the
street, and I said, " That is the gentleman who came to
my hoteL" The cab stopped at an office door, and the
gentleman got out, and went into that office. The name
" Smith" was on the door.
Cross-examined—Mrs. Butler is the wife of the man
that subpienaed me.
Sarah Embry—l remember the gentleman and lady
coming to the hotel on the 19th of July. They
occupied the bedroom No. 5. I waited on them. They
had two brandies hot before tea. I was in the room
several times during the evening. The last time I went in
I took them some champagne. I saw them the next morn-
ing. I answered their bell, and the gentleman ordered
breakfast. I took it them in the sitting room, and I saw
them there. I took them the bill, and I gave it to the
lady, who passed it over to where the gentleman had
been sitting, and said, "It is his bilL" He was not
in the room at the time. I afterwards took some of their
clothes down to be brushed. Before they left I saw the
gentleman give the lady money, but I can't say how much.
I have since seen the gentleman at Birmingham, in the
presence of Mrs. Butler and Saunders. I have no doubt
that he was the same person. I should know the lady
again. I have seen her within the last day or two in West-
minster-hall.
The Judge—Do you see her now in court?
Witness (looking round)—Yes ; there she is.
Cross-examined—The witness Smith pointed out Miss
Lonsdale to me in the hall. I had previously seen a pho-
tograph of her. The lady and gentleman were both un-
known to me when they came to the hotel I waited on
veityn.
them, and loft the room as quickly as I could.
Re-examined—l had plenty of opportunity of observing
their faces,
Butler,aces,anlha process
-server,
as
edtothtat heitrhied person
the witnesses had seen was Mr. John Smith, of Birming-
ham. _ _ _

Mr. Seymour contented that Mr. Smith's relations
towards the petitioner were of a quasi parental character,
and that the evidence of the earlier witnesses was per-
fectly consistent with perfect innocence. The fact was
that Smith was acting for her with a view to the present
snit, and that repeated interviews with her were abso-
lutely necessary.
[The case was proceeding when we went to press.]

SHERIFFS' COURT, RED LION-SQUARE.
(Before Mr. Under-Sheriff BurehelL)
NEW PROCLAMATIONS OP OUTLAWRY.

Mr. Hemp, the veteran officer of the sheriffs of London
and Middlesex, presented his monthly list of proclama-
tions, several of which were new, and called for the first
time. It is remarkable that few of the oases are completed,
owing to settlements made through the publicity given to
the proceedings. The following causes were proelaimM,
with the usual ceremony :—Kgwin Watkins Gough, at
the snit of the London and South-Western Bank (Limited);
R. Crowe, at the suit of Lewis Harris ; J. P. Groans, at
the suit of Edward Wilmot Seale ; Thomas Albin Saun-
ders, at the suit of John Graham ; S. Kingehureh,
at the suit of Horace John Semple; Richard Pattison,
at the suit of Edward Watkins Edwards and another ; Claude
Lucas, at the suit of James F. Harrison and others •
Samuel John Fitter, at the suit of Richard Cox and
another; Frederick Angestin, at the suit of Edward W.
Cobb ; Cosmo Nevill, at the suit of William Reeve ; Cecil
J. Johnson, at the suit of Horace J. Semple : Henry
I Onalow Curling, at the suit of Lewis Marks ; Frederick