The Express.
London, England, 1859-11-09 00:00:00

COURT OF COMMON PLRAB.—Nov. 8.

&Map Bance.—(Before the Lord Chief
By
Brie end
Julerices Williams, Crowder, end Dylan)

WILLI.IIICOTON O. WOOD.—LIBEL, DAMAO= 7601.
This was an action to recover damage, for libel, and at the
trial before the Lord Chief Janke the jury found for the
plaintiff, demure 7501.
Mr. Macaulay now at great length moved for • rale, calling
upon the plaintiff to show cause why there should not be a
new trial, on the grounds that the verdict was mated the
evidence, and that the damages were enmities. The action
wee brought by Mr. Wallington. an attorney, at Warwick,
against Mr. Edwards Wood, a gentleman of some property in
the neighbourhood ; and the libel was contained in a pamph-
let p bushed by the defendant a fortnight after the spring
senses, at Warwick, sad which pamphlet bad reference to an
assiement of damages before Lord Campbell in the one of
"Wood v. De Ger. In that case the complaint wee that
Mr. De Gex, through some inadvertence, had omitted to pay
to ajudgcrant creditor of Mr. Wood, named Bateman, 861.
7e. bd which omission led to the serest of Mr. Wood, at an
hour too late to get a damns cashed, and to his confinement
1a gaol for the night. Mr. Wallington acted as Mr. Bate-
ntan's solicitor in these proceedings, and on the assessment
of damages, Lord Campbell made some severe observations
on Mr. Wallington's contact. The libel coatained a fall
report of ail that took place before Lord Campbell, together
with comments by Mr. Wood himself.;
The Lord Chief Justice said this matter had been very
fully argued again, but so far se he was concerned he
was of the same opinion as at the trial. He forbore going
over the grounds adverted to then, as to the nature of the
libel, the great peril to Mr. Wallingtoes prospects, and the
decimations that unless his character wee restored his pro-
fosional prospects might be destroyed. This matter lied
gone to the jury. It was the previaa of the jury to say
what the damages ought to be, and the court ought not to
interfere with their finding.
Mr. Justice William said the jury were properly told that
they mast find for the plaintiff, iniuromh sa the publication
at the libel wee proved, and the justification had felled, and
there waa therefore no ground of complaint, except that the
jury had in the martin of their discretion mimed the da-
mages too high. Generally speaking, the court had no right to
Invade the province of the jury by interfering with their dis-
cretion in the assessment of damages; but with difficulty It
had been established that there were two cams in which the
eased might interfere, and those two cases were, first, whin
It was evident that in finding the verdict they had pro-
ceeded on some mistaken view of the evideaos adduced, and
secondly, where the coot could see that they had been sating
under come depraved or improper feeling. There was no
ground here for suggesting that the Otter had been the ems •
end the question was whether the court was satisfied that Oil
jury had found their verdict se wee suggested, by noon of
their believing evidence which they ought to have dis-
credited, or discredited evidence which they ought to have
believed. But all that bed been laid before them upon this
subject wee mere ground for conjecture. He ma not satisfied
that the joy had proceeded on any mistake as to the evi-
dence, or had acted from any improper motive, cod thmefore
the court had no right to interfere.
Rule refined.

COURT OF EXCHEQUER.—Nov. 8.
&Wags fa Bar—fon the Lord Chtet Bans, •oa
Berme Bramwell, Walesa, sad ChorineU.)

?ARNIE V. TAD LONDON AND Nona-woman BATLWAT

COMPLNI.-AOCIDIJfT.

Mr. Atherton moved is this assn, tried before Chief Ins-
tko Brie, that the verdict toted for the dafendaute should
be set aside, end a new trial had, on the pound tharillt was
al'nist evidesce, and also miedirection. The defendants had
pleaded that.the plaintiff bad accepted 21. 10.. in full jells-
ion of all claims for injuries received se a an
their line, and the plaintiff replied that be had bsw advised
to accept that sum by the fraud end cambial the dakedials.
By a collision, which took place at Worcester, the
who wait employed in • factory at B
wee much shekels, and received Injuries is his knee,
which at first appeared slight, but ultimately became so
serious that he hd lost the use of his knee and could not
follow his nrual avocation. He did not intend to apply for
compensation, but Mr. Blake, a surgeon trunt the compaay,
called on him and told him that a week's play would do him
good. He iodated him to wept Me., and then got him to
I *Pi a discharge is full of all clams. Hader thee, circum-
mamas he now applied for • new trial.
The court granted a rale.

SUDDEN DEATH AT LLOYD.B.—The members at
Lloyd's were yesterday thrown into a state of the moat pain-
ful excitement by the sudden death of a subscriber named
Mr. W. J. Wilkinson, of 12, Upper Tower-street, and
13, Upper liston-etrest, the London representative of the
firm of Messrs. Hawthorn and Co., engineers and ship-
builder* at Newcastle-uport•Tres. Mr. Wilkinson, who
woe a floe-looking man, between 60 and 60, entered the
reading-room about belt-past 11 o'clock, apparently ia the
enjoyment of good health, took his 'eat to one of the
bones, and commenced reading a paper. In the enures of
en hour he was aeon suddenly to fall sideways off his seat
on to the floor without uttering a moan. Mr. Lows, the
clerk of the room, and another gentleman, immediately weal
to hie 'Bandana., and partly mined him up. Dr. Crutaley,
who happened to be in the underwriters' room at the time, on
bearing of the event rendered all the aid that was possible,
bat after one or two convuleive gasps, the unfortunate man
mond to live. Mr. Coulson, who was sent for by Captain
Halsted, the secretary , attended immediately. Diorama
heart was stated to be the cause of death. The deceased was
unmarried.

—•—•
FIRES AND LOW OF LITE.—Two serious fires took
place yestetday, one unfortunately being attended with loss
of life, and the other with a great destruction of property.
The first occurred in the premise. belonging to Mm., Aon
Fairbrass. situate In Lancaster-court, Lock's-fields, Iva-
worth. From the particulate obtained it appears that the
unfortunate female wee left alone in the house et right o'clock
in the morning, and about au hour afterwards names were
discovered by some of the neighbours issuing from the win-
dows. On an entrance being effected Mrs. Feirbram, aged
about 56 years, wee found completely enveloped io t,wee.
The officer, with extra seeietanca eucceeded In extinguishing
the Ike, whim it waa found that the unfortunate woman was
burnt almost to a cinder. The other tire, which was attended
with the destruction of some hundred pounds worth of pro-
perty, took place is the promisee belonging to Mr. Tannish,
In Surrey-square, Kest-road. The disoutter was occasioned
from live embers failing from the plumbers' fires placed on
the top ot the home for repairing the roof of the building.
SINGULAR OUNPOWDkR ACCIDENT. —A Deno=
accident mewed to the wife of James Hardy, • miner, on
Saturday evening last. The woman bad come down to
Bishop Auckland to make her marketing, end indulged
rather freely le creature comfort.; amongst her purchases
were 21be of blasting gunpowder for the uss of bee husband,
which was tied to the side of the basket carried on her arm.
Her business being concluded, on her way out of town the
Galled et the Edinburgh Castle public-home for s last gloss
of beer and a light for her pipe, and had only got • few
yards from the door when a spark from the pipe exploded the
gunpowder, setting fire to her dread, and burning her side
and arm ins dreedfol manner; she was immediately taken
Into the Sun lon, end proper remedies applied. The cause
of the accident has not cured her of her lure for tobacco, as,
whilst her wounds were being deemed, she nada frequent
applications for her pipe. She was throbbed with at• rig
out" of clothes by the charitable neighbours of the landlady,
and taken home to Etherley in a conveyance.-Ithwaisfle
CAronicle.

SERIOUS AOCIDENT.—On Monday t very serious
evident occurred at the South Pk., at the =lath of the
Tyne. The workturn had ...ion to bleat a pints of rock
with • view to level down the foul:Avian, and fired Dome
ranpowdor. A joiner, nrourd Wilklown, was elan,ting on
the ontrode of boa. fifty sprct,tore, and right, yard. to the
windwerd of the bleat, when a phae of rook w. thrown e

omuidemble dimaneo loco the air, 'Mst the poor fellow on
the hoed se it slighted, and fractured his skull. He rolled
over the pier perfectly uneomelons, and wee immediately
Telllol el to his home. He was attended by Dr. Ridley, and
the fracture in hie skull was trophiood, bat the pour fellow
is in a very preesnona state.—Newcastle Chronicle.
SOUTH KENSINGTON MUSEUM.—During the week
ending Nov. 6, the visitors base been so follows:—On
Monday, Tuesday, and Saturday, free days, 3,721; on Mon-
day and Tuesday, fres eveuntga, 4,040. On the three
*wham' days (admasiou to the public 6d4, 704 ; one
studeute evening, Wednesday. 187. Total, 8,632. From
the "pminir of the museum. 1.120,249.
Til E SNOM T OWL—SURNIA NYCYA.—A very per-
fect specimen of this ram and beeetifel owl, which bee not
long ism reeked mono lOWA bird., was lately shut on
the open moor at Hnockie ; it was .talked and shot with a
rifle at 80 yards diatoms. vhs extent of the outspread
wiegs is tow feet nine inches, bawl/ 22 Inches weight three
pound. five ounces. Plumage pure white, barred and spotted
with dark brown.-Itorth.Briliah Doily

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