The Express.
London, England, 1866-05-28 00:00:00

COURT OF COMMON PLEAS.

Sittings at Nisi Prins in Middlesex.—(Before Mr. Jostit
Keating and a Common Jury.)
n'LaLoit V. CAUDWZLL.
_

This case was part heard on Saturday. It was an action
to recover damages for an alleged slanderous statement
which the defendant had made to the magistrate at Bow-
street, and had caused to be inserted in various news-
papers. The statement was in reference to a book of the
plaintiff's, oiliest " The Home Doctor," and the defendant
pleaded that the statement was true. The trial was re-
sumed this morning.
Mr. Serjeant Tindal Atkinson and Mr. Besley appeared
for the plaintiff, and Mr. Huddleston, Q.C., and Mr.
Pearce for the defendant.
Mr. Saul said that he was traveller for the
plaintiff in September last, and he received orders
for the " People's Guide to Health" from many
publishers. He received an order from a person In the
defendant's shop, whom he now knew was Mr. Bunco. On
a subsequent occasion he called with the proof sheets of
the " biome Doctor," and asked if Mr. Caudwell would
like to have his name as publisher upon the pamphlet. After
looking over the proof sheets, Dlr. Bunce said there was no
objection at all. Witness asked if there was any ne-
cessity to see Mr. Caudwell, and the reply was,
" Not at all. I will give you Mr. Caudwell 's card,
and that will be your authority." He gave witness the
card. On a subsequent day he saw Mr. Bunco and
asked him if he would supply copies of the " Home Doc-
tor" to country booksellers, and the reply was " with the
greatest pleasure." This was after copies of the
" Home Doctor" had been sent in. Mr. Caudwell
sold other medical pamphlets. Mr. D'Lalor resided
at 6 Meckleuburg-street ; and nobody else lived in
the house or carried ou business there. Mr. D'Lalor
had lately met with an accident by slipping from an
omnibus. His nose and face were cut and he could not
walk without assistance. He was in Westminster-hall on
Friday and Saturday last sitting in a chair and apparently
suffering great pain.
Cross.ezamined—The accident was on Thursday last. The
plaintiff was competent to give evidence on Friday and
Saturday, and witness had not seen him since. The
plaintiff's name was Robert Dickson Later in his diploma.
The printer had printed it D'Lalor. He was not sure
that the name was on the door at Mecklen-
burg-street "D'Lalor." He believed it was. He
never complained that there was a mistake in
printing the name " D'Lalor." The "Home Doctor" roam-
mended Mr. D'Lalor's medicine, phosphorised vital
elixir. Witness had never taken any—daughter)—but he
hadseenmostbeneficial resultsfromit—(renewed laughter).
Mr. D'Lalor had published a book called the " New
Aristotle, or a Physiological View of Marriage." It was
proposed to question the witness as to passages in this
book, but it was ruled that such matter would not be
evidence. . . .

Robert Dickson D'Lalor, a lad about 17 years of age,
said he was the son of the plaintiff. When his father came
home on Thursday last he was very dirty and covered with
blood, in consequence of an accident, lie was a little bet-
ter on Friday. On Saturday he could not walk at all
without assistance. This scorning he was suffering from
pains in the leg and spine, and was unable to go out. He
was lying on the sofa. They had lived at 6, Mecklenburg-
street, about five years. Previously they had a shop in
Bast Smithfield.
Cross-examined—lt was a private doctor's shop. Sailors
sometimes went there. They had no phosphorised vital
elixir there. Witness's father had been in a cab with
witness this morning. They went first to Mr. Serjeaat
Atkinson's—(a laugh l---andafterwarde to Mr. Beard's. The
plaintiff did not get out of the cab. He afterwards went
home.
Re-examined—The plaintiff went home because he could
not sit up at all. He had partly to lie down when in the
cab.

Mr. Huddleston characterised the absence of the plain-
tiff as an attempt to avoid cross-examination, and asserted
that if the Transatlantic quack had any faith in his own
nostrum he would have taken some of the elixir and
have appeared in court perfectly well. (Laughter.) He
also said that he should show that the account given by
Saul was to a great extent untrue, and that no assent had
ever been given to the defendant's name appearing as pub-
lisher of the "Home Doctor." He further said that he should
prove that the statment made to the magistrates was true,
and thereupon he should submit that the defendant was
justified in going to the magistrate and asking if he could
take criminal proceedings against the plaintiff.
Mr. Frederick Bunoe stated that the proof sheets of the
''Home Doctor" were never submitted to him, and he never
gave authority to put Mr. Candwell's name on it as pub-
Usher. He also contradicted in detail most of the state-
ments made by Saul.
In cross-examination many questions were put to the
witness as to books which were in the defendant's cata-
logue. Most of them referred to marriage and analogous
subjects, and the witness said that they were many of
them reprints of American works.
Mr. Job Caudwell said he bought his business in the
Strand from a Wesleyan minister about six years ago, and
most of the books which had been mentioned had been
sold by him. They were bona Me medical works, and
there was nothing improper in them. He knew nothing of
the " Home Doctor " until he found the copies in a paper
He opened it, and when he found the nature of the
parcel
directed Mr. Bums to write the letter which had
been read. After the plaintiff had said that witness's name
should not be used, witness ascertained that copies were
circulated with his name. He found also that his name
had been entered at Stationers' Hall; and under these cir-
cumstances he went to the magistrate. Witness never
gave any consent to his name being used as publisher. His
object in going to the magistrate was to let the public
know that he was not the publisher of the book.
Cross-examined—The reason why he did not wish to
!trthe " Home Doctor " was bemuse it was immoral.
itium was also questioned as to same pampa is a