The Express.
London, England, 1860-07-28 00:00:00

WESTMINSTER.

Dorid Wrmya Joigam appeared for final examination,
charged with writing and publishing malicious and defama•
tory libels on Sir James Ferguson, M.P.
Mr. Humphreys again prosecuted ; and on this occasion
M. Jamas Russell Miller, solicitor, appeared for the
accused.

Ile depositions of Mr. Disraeli and Lady Edith Yergusson,
taken at one of the previous examinations, having been read,
Mr. Miller expressed • desire to question Lady Ferguacon
upon a particular point.
Mr. Arnold said ho could not permit the cross-examina-
tion to be resumed. Considerable latitude bad been given
to the defendant in that respect on the previous hearings of
the case, and the depositions had been completed.
Mr. Humphreys observed that it had been clearly under-
staud at the end of the last examination that the case had
&sett, but as his client had throughout courted the fullest
inquire, ho had no objection to any question being put.
Mr." Miller said it was but ono he was desirous of asking,
and that was with respect to the outer envelope of the
verses which she had received by post ; he was desirous of
inquiring of Lady Fergusson whether she had any idea of
whose handwriting it was"!
Mr. Arnold having consented to the inquiry being made,
The question was repeated to Ludy Ferguson, who re-
plied " Not the least.
Sir James Femnsson's and the other witnesses' depositions
having been read end signed,
Mr. Miller said he would really submit that there was no
evidence against the accused of publishing.
After some discussion on this point,
Mr. Arnold observed that there was evidence of publica-
tion of the versos to two persons, and of publication of the
letter to Mr. Disrseli. There was evidence of the publica-
tion of the verses to the governor of the prison, for it wag
clear that, by the regulations of the prison, all communic.i.
Cons were read by the governor, and defendant was well
aware of that fact ; and having given it out of his posses.
pion, well knowing it would be read, lie was guilty of pub.
'Ming it. He had at first thought there was more evi-
dence wanting to sustain the charge of publishing the
libel to Lady Fergusson ; but Mr. Humphreys hail on the
last occasion pointed out eases to him which had altered his
opinion, and in the sound judgments with respect to which
he was not only bound to he ;overact' but in which he per-
fectly acquiesced. The principle laid down in those cases
was that the libel being in the handwriting of the defendant,
it was for him to show how it gut out of his possession. If
he could show it W::, taken from him, or lost, he would
have an opportunity of doing to upon his trial. With
r Terence to the letter addressed to Mr. Disraeli, he
(the worthy magistrate) had before expressed his
opinion that such a letter could only he a pri-
vde,;ed communication while the writer strictly
confined himself in his appeal for redress to a member of
parliament to the details of the grievances for which be
sought it; the moment ho departed from the matter of
detail and went into remarks irrespective of the grievances
in question it ceased to be a privileged conimuniamion. The
letter to Mr. Disraeli was in his (Mr. Arnold's) opinion not
a privileged communication in consequence of the impute-
Von* it contained, and the judge before whom the case
would be tried would decide whether he was right in his
view of the law or not.

Mr. Arnold baying inquired whether defendant wished
now to s► anything in reply to the charge, or would re-
servo his defeope, •

-Mr.iiiii-e;Wee'ted to follow the latter coarse.

Mr. Humphreys asked, now that the case was complete,
and about to be sent to the Central Criminal Court for
trial, that defendant might be required to give heavier bail.
Mr. Arnold said Mr. Humphreys had anticipated him
upon the subject of larger bail, which must of course now
he increased. He should now require defendant to find
two sureties in 40/. each, besides entering into his own re-
cognizance* in the accustomed amount for his appearance to
take his trial.—The rcquirrd bail was put in.

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