The Express.
London, England, 1858-07-28 00:00:00

THE EXPRESS, WEDNESDAY EVENING, JULY 28, 1851.

Otierdiers, from the October previous up to the time of his
trial in March, the plaintiff at that time not being able to
reply to them. After the present action had been brought by
plaintiff, upon application to Mr. Baron Channel], the venue
was removed from Nottingham to Derby, the plaintiff oft-
sidering that the paper having • large circulation in Not-
tingham, be not have so fair a trial there as at Derby.
The first libel appeared in the NottimgheostAiro Guardian of
October 16, 1867, and was headed, "The late Incendiary
Fires." The paragraph aye :—"The mystery which has hung
over the recent incendiary fires in Carlton and its neighbour-
hood is now, we bops, about to be leered up. At the Shire-
hall, Nottingham, on Saturday, a man named Morton, of Carl-
toe, wee brought up and hay committed for trial at the
next wrens, on the charge of setting fire to an hay stack
belonging to Mr. Deduce, surgeon. During the last
nine meths incendiary bee have conned at Mr. Baker's,
Colvick Farts, Mr. Jenne's, of Carlton-hill, Mr. Smith's,
at Caritas, and st Mr. /Ikeda's, of Colwick. s
the above centime& it is reported that Morton bore some
radios." Theme wee not one word of truth in the above
statement, the plaintiff bearing no malice towards any of
the parties named. The mixed libel •ppeas d in the
same paper of November 6th, 1866, and was headed
" Fires at Carlton." After giving an account of the fire,
the paragraph concluded ufollows We understand
that the pray charged with the preview offence is
again at lugs, having only last week been admitted to
bail." Was ad that paragraph most distinctly pointing to
plaintiff, who had jail been admitted to heal P The third
In the Otiordies of the 25th
rcirivare:ll, =I was headed " Another Inoendisa7
Fire last night." After describing* are at Mr. Horsley's of
Caritas, the perserraph oonciudes as *glows :—" As Mr.
Hanky was galleplag into Nottbgbaus to spread the alarm,
he saw a man whom be believed to be the party already
Zellin these &Airs lerkbg en the road, with the
er his coat based up almost to his Me, sow to
conceal his feature." There was not one word of truth
in the above 'batmen*. Mr. Hobby did not em plain-
tiff or .yeas dm on the reed. The last libel app eared
is the Ornedian of 96th d February. 1867, jolt previous
to ess bid at the mime, and which Iran moat likely
to
_damage him en by trial. The paragraph I.
headed
" laoseißsop Fbes at Mapparley Plains," and after de-
tailing the partioldals of • bre at Mr. Haider's, the para-
graph codades es knows :—" The are is believed to be the
work of • ineddiary, and to a man who
is no ettlager to the deed. gutcOlni jdtspe that he may.
Wire long receive that reword he so richly mmits."
Them Wen the libels he complained of. Plaintiff was tried
Wean Lard Campbell, and madded ; bat the dehndent did
not sake at that dm nor had up to the present hour made
kr the WibM he has inflicted on plaintiff. He
Ziespun the Jury to en him fall and ample damages,
tor the wrong misteed by
Prod et prima* been given, and oopifo of the
papers eentribing the libels been reed, the plaintiff
was dad end asendaed by Mr. He mid—la 1866
I 'added at Calks. I now beide at Leeds. On the 11th
of Odder, 1866, I wee committed bas trial ea a tamp of
.dewbi are tona sleek bsiongbg to Dr. Davidson. I was tried
thespdag aselake, 1867, liadine sopdtted. I wee examined
bdore Its at the Shire-hall in October, 1866. I
was admitted bail, atter Min committed for trial. I know
Dr. Miriam well. I Idt Cerium last July, and my pro-
perty we Md. It coot res (KW, and sold it at a toss es I
treated to get away from the place. The Guardian has a
large oireallika.
By Mr. Naoialny-1 now applied to the proprietors for
say reperatice kr injuries naive& I brought the action
last Mirth. The teems I did not bring it earlier was biome
I had let so meek over se trial. The reason I did not
write la the the statement was became I
did net_ _ mead be seffickatt.

O'Bries:—lt writ well and- sntood that an the
reamed lo ma.
Niamoday —I bad a lawyer to advise me on the
matter. II wee Mr. Cooke, of Nottingham. I should not
have hal have Carlton if the paragraphs had not ap-
peared in the emeriims. I went to Hull aftarwards rod waa
rsfeind ea alwbonse iloonse.

W. rt prkiar, Carlton, deposed to the piper
Lariat • ekonlation and to its being the general
;Latnitin that the paragraphs all alluded to the
This wee the phintirsosee.

Mr. Macaulay, Q C., addiemed the jury for the defendant,
aseceibing the action as a mat sztraordinary and unusual
PM A Ileelelef beladiary fires had Minn place at Carlton and
M!Wews hag afts& ' There was great mitement in the
ad cm thesubjew Mail% and tho proprietors al the
from thee to ebbe gave smelt amounts of them as
came to Moir imandedge, so that the pabill might know all
that was taking pima En the matter. The parr merely raid
"it is
arndeportedhones sotl and so," and In /Mg that Myneigh werzzli
Wily y 'reporting news the
This tialindaut had not some thattha day of
to ro-try plainbruetiff on •
e dem but he wasgeig to show that ha was jets-
Med in writingon,
what he hod dens. He should show that
the paper faidifeny reported the hots as they appeared at
that time. AU Mess previous to
plaintiff's trial ; and wLireVP was triedamrl acquitted, the
Guardian recanted his triumph on that masks by giv-
ing him a verbatim report. If the character of the
plaintiff had Men hart, if be had received a private wrong,
why did he wait me Mg Ulm he brought hie action? If he
had been damaged se Mewl, why did be not maks his de-
mand upon thfandent ?He as hod done so, and, on being
de-
mad
the grades, replies, " Ifs spolalEr would be adequate
for me." The motion had not been brought on Da merits,
but for the purples of extorthqr Mows out of a respectable
sad well omitooted paper. Ilaiadff could not my that there
ms any malice en the peat of Mintlant, mid be would silk
Mai miasma hod there Men of any dimes he had me-
taled ? It his deo/meths le mob two Mims for
First, he mid he was amble to get a Hogue for la=
hones at Hull through the pimgrliM appearing in the
Guardian but he had brought ne-nm to show that it
was refused on that ground. nil eseced claim he makes
for damage is, that he sold his yi for lean mars than it
was worth through the peraftsphs appeared. A greater
fudge was never attempted blind the eyes of the jury. He
(Mr. Msoanhy) should call parties who would prove that the
property woe sold for its fall .In..
The Chief Jambe—lf he had been driven from his mil-
dews through these paragraphs he might have had a special
claim foe damages.
Mr. O'Brien—l would ask your lordship to allow se to
emend our pleadings.
His Lordship could net do that.
Mr. O'Brien—Parties may have read the paragraphs about
the plaintiff, but not the report of his trial.
The Chief Justin—l think they would read the report of
his trial with greater Mama than the previous paragraphs.
Mr. M y—After reading the previous paragraphs
=would ham caut me= to read the mart of the
He (the ) would call the atten-
tion of the jury to the report of plaintiff's ttlal in the
Guarelien.

objected.
Mr. Namley—l em dwirous of vindicating the defendant
boa Iterikegeny opite ormellee in publishing the pareg.sphs.
Mr. amia--vie don't impute =Hoe to defendant, but
we sof
at that he made hie paper the vehicle to convey the ma-
lioe that

The Oldet Justice—There is sot a tittle of evidence of any
malice en than pert of dehadant, and at that time there is no
doubt that 11 was a matter enciting great taterest
Mr. Macaulay—We do not my that the stammers were
lama. We merely say ft was "reported." If lir. O'Brian
had shown that thre were no reports about plaintiff, then
Wart rams malignant then the articles could have Men
imagined. The presecettba was not instituted through these
tor they were written after ha had been cesnaitted
y the tot. The tamed counsel this called the
&Bowleg erldanos :
Witham Yaws, taapsetor of Nottingham emery pass, use
mat at Morton's eiszabailwa balers the nogistraers.
had been des at Mr. Mr. lassee'r, Mr.
Barba a, and Mr. Bbidi's. There were rumours pointing
to an Individual.
Mr. Field—Wm thatindividual the pletatiff

Mr. O'Brien objected.
The ;Iv* (to Mr. Mamolay)---Yea ask this question in
I&. of damaes?
aoanlay—l do, my lord.
The Jodg•—lt le open to some dealt, bat I think the
question is adathelisle.
Atter some disonesio• the question nee hat Out.
Whom anttinoen—At the smantheden beix• the mite.
trate• saatettatag was said shoat the moist any to Le
dim' that Morton bore them verges males.
By Dlr. O'Brian—l Word Ilk. B. arks the mese& in
court, bet he wee am giving whines. Mr. Haw said
Marks owed him malies,bsompe he turned a pony oat of a
dolor held.

11tery BMlth, poor-rats collsater, and ccestabb ot Cal-
ks, was Walled to prove that there wee a (mural suapicloa In
Carters spinet a aortas individual.
Mr. Macaulay—To whom did that seeskies point ?
110. O'Brien—l object to that.
The lodge—l will mats • note of objecting, Mr.
O'Brien., but admit th• maser to mi of damages
Witnese—Scaptoies pined to J. Meseta. The sue*
aka attached to him beim be ems terms he Mr. Dhridaos's
ere. At the time of the essims, whim he wee tried Whet
Lord Campbell, be was sospeelsd of etl the Ares that bed
taken place at Caritas.
Thames Inch, embeigs, Cribs, sessibsted the fires
SisJapicks ordsted to John Markus berme his trial, and after
(I=r)
me bad raiser
elm m
anetioesse, Weed Obe
preparty far sale is July lab, behalf of Yee ertsgme It n
wee
wee s set
horten& sold, bat
es ke SO
ertteemmesiimed 1001. a kb Wee he it.
It hi L
Andrew Maelmemul, ddst emsbiale, IMhspeteri hat
in esperasher, pbbillesdar
w sehmeres N at
wee t=
by bas ..guess Se =she at NiVit#ssis. He
did es sod, heel • ehmeeimlita marvel fees Mr.
Mame, gig memlehis, Meetti#o"theimatetrihte :eased
thellemk
Hairy War, switiew of Mr. Hereby, Cerltoe, mid
nentZed trio Nellbsism he the Ike Wigs& He told
1m had prod • arta with • east oar wimßar to
La e r
rt s
lb. Maws* Labe imined ap the widows ibr seeds
His
hboteeed Se. OilesimMes ispiled tbs bleb oase,
Lehi* essmoil imp eiraher, Win the jig
that the MMb tut rpisths IMO litelbeve, bet dust it vie •
ass Is width (sly imp bilienhe ogl.
The jury, eller reesublihs kr some lie. berets Inn
mimeedd •hr wish
to milks Aber la deems of beifrieheer they rebliied
fib "opt with • enlist hr the phlME—Tlmeages. ass
WWI*
On ta•
talk appliaatka of Mr. O'Brien, his decliaed to
certify ke