The Express.
London, England, 1860-12-01 00:00:00

THE :EXPRESS, SITURDArY EVENING. . . DECEMBER 1, 1860.

ILate Intlilf %encl.

COURT OP COMMON PLEA& —Nov. SD.

Sittings M Nisi Prins in MMus:. —(llstureLord Chin
Jodie. Ed. sad • Ilpacial Jvy.)
ILIMP o. 111111:1111.—IT11 CABIBILIDOZ PIOCTORIs AND Tus
sinsoursleovez.

bone yesterday's Express.)
Planta reesamined—Nothing improper haseveroacurreed
between me ad Mr. Graham, or had he ever made=
raper silvan= to me d say kind. Limbed h a
Wile I but an Mr. Verona he asked am where I lived.
' This is sot at ail unusual is Cambridge. (esagirter.)
gave hinazzemasessese silehren, as I win afield dI him. he some with the ly had hem to roe
more thas ease end solkfted or to grist Mr. Vanities. I
believe ices
psi:beam= besembed by enders
done& Oa the asemies when I web met Mr. Vaccine
I was waft* as the Huntingdon-road wittlgekeeng lusurtwomee.
' who her sines unsold m M and gone to A
got of the fy ad @skid me if I would get in. I mid I
would if the ether !sang person did ; but she did not.
1 Mr. Jansin—ilt lIM psiblic-horse did anything impeoper
take pion hadareen yes and Yr. Vaughan
Vdeos—Nat that I ass aware of. :letughter.) Than
was so emoozillll baissess sa.4
,mother er coo for the
Men of thrgas, be Mr. the surgeon, and kw
other pereese.- I had sat my mother any untruth
about going le the party, hen had not told her where I
was gong. Timidayl ems bon the splaudas-boups Mr.
Hough said he weal do all he ask( for ire, hal Ilene not
worked far Mn.. Heigh noes. I was never that lan
aware of in the estspay at loon manes at Chinbridge.
Mn.. Mahn, Locker—The Let wham is my ditigkaaa
by my bet hatheal The day after my daughter was taken
to the egesing.loome, I west and asked to see the
VietCbsoneller, but they would not let me. I put
my foot the door, and naked to see the Praetors,
bat the ustros said I should no; see •Aybodz;
I remind is the street for half an hour. I saw
VisoChaneelle& and west to speak to him, but he
took so sodas of um Afterwards I almost thrust myself
into ths sgiodmphoest. I mid, " Let me in or I shall
die," asil attn. • tine tiny brought my daughter.
I mid she bail how ill with the rheumatic fever.
and asked that she might be allowed a shawl which I had
bronght, end some ale ahowitish the donor indordered. The
moron mimed this. I aried meek did m
dateginer, and the maims mid she newt bee and
ber up if shey
merlea sons On Hoard of Pitlinasy Dr. filhamwe me
• eels to the Vise-Cheneeller, wink I took. The Vier
Cheneelist mid be hed been asofdag liseiriee is the neigh.
bombed as team and way eiteginer. He mid he bed pet
ea amended ehemeter, ad he world inns • note width I
might ehe,
md that ny eseghler might home me.
I mid I would Miff sot lake her home go by dayfainwith ,
sad
she wen dierbeged en sir Abet p.m., asd ones and bone
is • fy. I wow 1121/W p with
wanes. Oa always worked bed. fie sever seljrill n=
bad enjoyed her feed Wier Has rowel In the prime, en the
acetro==lsbe weer half dame&
em frequently out all day, and until
late at Wok, at parties. The plaintiff is not with me on
them ameakes. I knew teething of this party she was going
I. I indeeneed the area going out to to..
Mr.
ha bee James
ornined. selled for the warrant under which the plaintiff

Ek F. Heil, rid he did eel produce the warrant NI origi.
sully drawn
hem draw up, n
bet he would produce the paper that had
sum up.
Yr. ham said hewauld sot have that.

Hi fordo* esiertgareTres noTian:Ctin the proper sense
of the Una, end Sir F. Kelly was quite right in so mention.
Mrhe dowse= von which he relied.
. Jan= =Si what he wanted was the =resat under
which the plaintiff was committed for 14 days.
Miss Apse Johnson the matron, was called, and without
being wen, wee asked if she had any =trent for detain-
log trtr to produos. said she had none.
YL Looker, the hall•ister to the pla:ntiff, was
milled a= gam • similar account to that given by the plain-
VI in FARM to their being taken to the spinning-houes.
lan added—Tbs Vie•Chancelioreekedniewbether my sister
took me oat el an evening ; I said, " Yea, sometimes to the
posiddies." Berated me if my sister went oat et a night,
end I add net sifter dialr. He said I mint go ituddhlhboil
and if he saw me oat of • sight be would lock me up
night. He added that I roa7d go, sad that I was to tell my
mother that the plaintiff had fourteen days.
Mr. Wm. Graham—l am now a student at the Inner
Temple. In January last I had takes my B.A. degree.
Os such occasions there is very often a festivity. I asked
the plaintiff to a ball at Shelfind. Thirteen or fourteen
other =dean had joined me in the entertainment. It was
to be a demos, ramie of coarse, and a sapper.
Mr. Jessie—And what they call "segos," I 'typo*.
gAnchter4
Wardle—Yes. I invited the plaintiff to the party as
early as December. This we before the examination. I
bad lint spoken to the plantiff at Finner's concert in July
or August, and I dent remember having seen her again
until reeked her to the ball. I told her she could ask
say one if she liked to come with her. She said
she could bring her little sister, but she knew no other
ladies. I said she could bring some more if she liked. I
hired the omnibus. When Miss Kemp got into the omnibus
there was one =sin= and my brother inside. The other
undergraduates wire to go In cabs. There is not the
slightest foundation for saying that I ordered breakfast at
Mulford, or that these =n were to stay all night. We
were to be home by 12, according to the college regulation.
When I got out ed the omnibus I was not aware that
the proctors were going to the spioninglouse. I followed
them there. I asked lir. Blower (one of the proddre
by what right he bad stopped me, and he said became I
had not my academicals on, and I said he could tine me
for that, but not stop me. I asked him why he stopped the
girls—that I believed than all to be respectable. He said
the Chancellor would see about that. There was certainly
nothing improper intended at the party. I believe the
ion where the party was to be given was very respectable ;
indeed, I have lived in the neighbourhood all my We.
Nothing improper or indelicate ever occurred between me
end the pima" of I never ideasy improper addnems to
her. I sever saw anything about her to show that she was
" elbegarly, or locee," in her conduct. I did not treat
her as a yes= SIN= character.

Crommtamlned—Several times saw the plaintiff abut
this party. Mr need to come and meet me at Parker's-
piece to talk Mod it. A portion ei Se supper was mimed
from Mr. Peellag, minfectiour. Shen was no champagne ;
but there wee some wise—. Aires, I think. I never era-
qeired what the memmilkm of Me n was. I believed the
girk asked me amethsr. The pW Wfi said ale must know
who wee ping, sad te May mate esspeetable she would take
key Mile eider. At leek she mentiened her sweetheart, and
I mid is argigh6 Wag lima lie afterwards said he was eat
et Worm sad she wadi not being hha Harriet Bell gear
=gems with Ms piebald to Pariceempiees about this
_ . They wlen generally together.
Imuumieed—l never aw onythim improper on the
pert of Harriet Bell. Thiele has been nothiog improper
between her and ms Manses walk about Cambridge
the mate a smashers. (Laughter.) The party waste
assist of thirteen se furtsgas samples, and I mimes most
of than were minute' girls.
Mrs. Sarah slimes--I ma • milliner and dressmaker at
Cambridge, where I midi with my parents. Huristbil
invited me to die hall. lOM the party at her here, and
her breast westeßk ma le the omnibus. I had never sea
Mr. Malmo Warm I was lam to the apinsiagAinms.
Lbousixemined—l am thispidatilf is the alit adieu I
have hem a amine Moat sew years. The ray fear of
the party I had Mews Wore was the *kW, it eider
Honig NM and Awes Ceekalgoil. I had known DM two
yew and Onisheill three or fop menthe. I do net knew
that Oaresiste has hem in the refuge for unfortunate
feseslem Previous he this bell I bad not known say mi.
unity mss. I do nothing towards • living emept drew
miring. I know slim. Basely. She lives in Dock andDrike-
court, sear Maitremnageway. She was a dressmaker, and
mid often to send for me when she had anythimg for me to
do. Ido ace know that Mrs. Ramey keeps • Mose for the
gumption of men sad worms for aimpaoper purposes. I have
never been there for such • parpess. I have been at Mn
Busy, served times for halta day and sometimes • whole
day. Ido not know that any of the party for this dance
dressed at Mts. Ramey's. Ido not know that CoekshoLl
mined to visit Mrs. Sumey's for improper purposes. I never
saw her there.

Re-examined—Mrs. Euesey is here, and sho was here
when the came was down for trial. I 11.,ve never seen
anything improper, or done anything improper, at Mrs.
Ramey's. I never is. a men there except her father.
Mrs. Maris—My
re
hothead keeps the Free] Arms at
Medford. It is
.theprwmty of Mr. 1)e Fville, and was
built for my Unbind to occupy. We have been there, and
in an old boom which wan pulled down, for seventeen
=and there has never been any complaint spinet the
Mr. Graham gave me orders for tea and supper for
• pert/. They bed the club-room on the ground-floor, end
they were set to me any other room. We have no private
ream. They were all to leave by 12, for we never keep
epee Wee.
Oreerezansined—flu tee as order for tea and supper
for • party of his about 20. He said his friends
were reepeciable. I did not know that there were ladies
coming.
Mr. O'Malley—Should you have prepared your room for
• party of indergreduates and milliners' girls?
Witnems—lf they had been respectable. Two gentlemen
end a lade did come. If they had conducted themselves
improperly they would soon have been sent away.
Mr. Cotherell—l am attorney for the plaintiff. and I am
also attorney for the borough of Cambridge. Mies Kemp
consulted me about this action in the second end third week
is February. The plaintiff is the only party responsible
for the costs. I originally brought the action in the
Borough Court of Pleas. The coats there would not have
exceeded 201. Counsels' fee are not allowed there. (Loud
laughter.)
Mr. Edwin James—The principal defect in the local
ooccrite=te.)
—The local court ham unlimited juris-
diction ea to amount. The damages were laid at 5.00 f. I
have no expectations of being paid from any other source
than the plan tiff. Then has been a public subscription for
an entirely different purpose. I have brought three other
actions, but have only proceeded with this one.
This was the plaintiffs case.
Mir F. Kelly thou addressed the jury for the defence, and
said that in all that bad fallen from his loomed friend as
to the importanse of this cam be entirely
,agreed, but it
was sot importaat simply is reference t ie Mercies of
Englishmen, but what was perhaps of ThOr. imp+rrence,
the month of NA young name intruded to Cie owe of the

salhoshim of the university. There were at all times
2,000 young men between 18 and 25 years of age et
—man who were hereafter to be our general,
oer admirals, our elatermen, and our judges—the 7,=.
al the lend ; sad ha tithed whether, under these
wee out namearay that there shieekt he saes
lell= pewee to preheat them, not so ease hum the
common women of the town, as from milliners' ghla, who
were reedy at a moment'sr:otice to give their erimpesy to
• ball or • dame ? 7111 legislatare had Arnett fit to vest
in the lining** extraordisary pewees, not merely over the
stadsres and over comma wane% hod over J." who van
111111,00t44" CI that which if let elheaked would lead to the
ride of the 1131,111116/. This pewee MI given by the crown
had been seadleasd by the leglshiere for now 300 or 400
yeses. He wee conadeat that the jury would be of opinion
that the Wleraseacallor had only acted in acconisnes with
that duty which the legislature, the country, and hie aloe
had cad upon him. He submitted to his lordship that no
question mom here, whether the authmities had good
=for suspecting the plaintiff ; but before he adverted
to Hl, ha might lay that,. though this power of the
had been in operation for full 350
ri ',Turley had never been celled into • court of law,
ezmO In the awe which had been referred to by
his his. Under the act of parliament which had been
eeferred to a coat of record WS, established, of which the

Vion-Chensellor wee the judge, and he haddp7ower to punish
Wiwhimsies " mrpectod," and he as judo? was &lemma.
desto my whether the party charged was wend
"sus" el
being an improper peeson.The words of the charter de
main surpectae," and the Viee-Chaanoellor having without
malice come to a decision upon that question, there was an
end of the matter, and the defendant was entitled to their
verdict.

His Lordship suggested that this question was one o law
for the judge, and not of fact for the jury.
Sir F. Kelly agreed, and submitted that there really was
no question for the jury at aIL lie was prepared to abandon
the plea which raised the question of custom, for been if
the custom were proved It would be My just the lame as
the words of the charter. This charter said that it should
be lawful for the university authorities, as well by day se
by night, at their good pleasure to make scrutiny, search,
and inquiry whenever they might deem expedient, within
the town of Cambridge and the suburbs thereof, for all
common women, vagabonds, and other persons a ted
of evil, coming to end smosbling at the of town
and the saber* and any person who should be found guilty
or soapaetad of evil, tomtit of their bodies in suclzag
should be.
deemed at by the Viee•Chanoellor. The qi
therefor*. whether there was resemble ground to impact
el ad aria at al.

The L ard add Juntas bower said the question d
simambie grand was ailed arca the pleadings, red it
wansel ea both rides apes, b• would, is order to get et •
Let arbessiketicia et the bsam sad d the law, leave she
d rawasable rood fursospectinc.o tvtaktry.
Mr P. rainy—As the imam about • •
ha Amid show tbdi tide grim be
knelt bola in use ria
yeas. h lavlaplessa sabailatsd ter • still older cae.c.The
prim deo was in eswenslirele at whiniest. sad
ft was =lir the di as ams aid al the
villitterd
ten el
el a Judhe ael the jszy Vertm
la as s plot desalt as One
added w esedart was a "It end ssevadese
Mr lay Ned lie hue* le bed nal the sue sr it
al=tihe ViseChneller ad adierity to order the
at the *MI as le had den, sad that be
maid ad erriserai saaetka et this id.
nr. Hawk Ann mil Vase weer nether point. He con-
tall nadir the eireter the oseemitmeat most be by
warrant._ _ _

Sir F. Lily (after onnalletion with his learned friends)
said that be would put in the warrant which bad been drawn
up in lieu of the first one. which was informal.
The Lord Chief Justice mid in his opinion the jury should
enema tauseden visible thine was reasonable ground
for the tiff.
lir. -an=letaldetilhe inquiry by the Vic*
Olteneeller might be • heel end proper inquiry upon oath.
TIM lard Chief Jaeliee mid that salat be a queation for
the fuleriut he wee to bold that there might
be an whitest au eath.
Six 7. Asa addeneed the op* this oneelion,
and Word Yen "blew the mass el Vie university had
sot a Wit to impel that seeedldng improper was
likely hippo when UR a demo young gedlenten of
Ensue
sink end
pig be a severe! getemminte
were geed both& PR Yds tee pada ups at
that time ef thin Ye ware eel the
ammemeni tehe el wit
* 00 oreupiks. y the
licel_p 4la nedi anuespenint wee likely
lie led heave. sae ireategleas aseeessed I. Ode gees.
=old notbeffgeAshir. tzturatiligt=baca4boyesid
proctors
=the plaintiff. eelnated Oak at all events, the
was not te dere then neminel dmage.
The Rev. Yr. Mon mid--I are a Ream a/ Trinity, and
wee at ibis onesion sae et the preebees. I received a
letter as the waft at the 30th Amory, and in mime-
quince I took dem see whether these were any state-
ments in it that moldto be verified. I went to the cos.
fectionee's, and ascertained that there had been a supper
ordered. In consequence I went to Melbourne-pima,
Parker's-plum I went the. expecting to meet an omni-
bus. Mr. W0°112.40'4 the senior proctor, was with me.
We met the omnibus within • few minutes of the time
expected. Mr. Woollaston asked if there were any gentle-
men of the univerady there, and the elder Mr. Graham
came out. I asked if than was any other mem-
ber of the university there, and then the
younger Mr. Graham came out. The only other male
in the omnibus was a musician, who ie well known as
" White-headed Bob." (ainghter.) The young women
who were in the omnibus I did not see sufficiently to form
en opinion as to what thus of life they were in. I had
termed an opinion upon other grounds. I could not
imagine them to be ladies when they started in an omnibus
from Barnwell. (thughter.) I suspected they were women
*Me town, or znarelikely of the clam of which they
pored to ha I formed a very decided Enplane as to the
LIII"for which they were there from the mamba of
s unbrereity whom I found tiara I impeded they
were prisms of whom I had received information who were
goiag to a party at Shelford. Such • party was 00 .11117 to
the neap of the university, though I mond that there
is any positive rule laid down. Alt would
subject himself to rebuke and pokiness. taring such a
come as that. I believe that the party mu get up for un-
doubtedly immoral purpose'. I went with the women to
the spinning-house, and saw them brought before the Vice-
Cheateellor. I was present when TaamaEemp um examined.
de was called in after her eider. 11 wesimpmeiblethat the
sister amid have been toldthatthe pith*/ was sentetmed to
fourteen days' imprisonment. fide norm asked to be
Mowed to send for references to character. When the
IficerChancellor charged her with gethift up the party, she
said Yr. Graham asked her. The minor rebuked
her tor taking her young astir with her, and site said Yr.
Graham asked her. With them exceptions the plaintiff's
account of what passed at the spinning-house is materially
correct. The spinning-house has • warming appardos.
Two of the procure, before the plaintiff was ailed in said
that the matron said she strongly asepected that one of the
women had been in the spinning-house before. I have the
letter which led to the stopmng the petty. (The letter was
read : it was heeded, " °Ambridge. July 28," and
the writer said that he wished to call attention
to circumstances that bad come under his attention •
day or two ago. He understood that a tall and supper were
to take place on Monday, the 30th, the party coons the al
12 young girls and 12 of the university men. He added that
they were going to Bbelfonl, and that Miss Leap wham
addrer be gave, bad got up the party ; that Miss
of Poet-office.terraos, was to be one of the party, and that
]Bus Kemp was to take her young miner. The writer con-
eluded by expressing his trust that the witness would use
his authority as proctor to put a stop to the affair, and the
Tothroalsire to the document was, " Inhabitant of the
wn." . _ _

Orees-exaeaieed—l was defendant in a similar action to
this which vas tried before my lord. Ide my duty se
proctor. I try to keep the streets clear. Ido not mesa by
this that I lock up everybody I meet. (A laugh.) I have
been tor two years, but I did not know anything of
the I told the Viee-Chancellor that the metros
mid that abe believed Harriet Bell had been in the spin-
ning-house, and that she denied it. I believe she had bens
there. Our books do not contain her name. (The book was
celled for, but not produced.) The Vice-Chancellor was
told in the name of all pro-proctors that none of Un knew
any of the women.
Retwamined—i know that one of these girl, has since
gone into the refer for unfortunate women.
The Rev. T. H. Woollaston, the senior proctor, confirmed
the evidence of the two last witnesses, and said that he had
the same enspicions as Hr. Sore.
The Hon. and Rev. Latimer Neville, the Vice-Chan.
oellor—lt is my duty to hear any charges brought under
the statutee of the university. On my going to the spin.
aingloyas on the thy in question Mr. Woollseton told me
of the letter, and that they had in consequence proceeded
to the spot indicated and stopped au omnThus. The state.
meat made by the proctors as to what they said to me is
entetantielly =rect. I told the plaintiff that she was
charged with getting up the party, end inducing other girls
to na, and especially her young sister, which I considered •
very heartless proceeding. She did not deny this, bet said
that Mr. Graham had asked her. She did not in say way
offer to give references to &wider. I was quite satisfied
that immorality was intended. I asked her what she had to
my, and then said that I must mark mT sense of her con-
duct by sentencing her to fourteen days' imprisonment. In
I doing this I acted according to the best of my conscience
and ability. I signed • commitment, which I have been
advised is informal, and I have since signed another. This
was on the let or 2nd November. I was advised that under
a charter of Edward I. I was authorised to release the plain-
tiff before the fourteen days expired.
Orees-angsained—bly view is not that I may commit to
prison foellay time I like. Without considerable advice,
&add not imprison for more than • month, and I he aotknow
that I should do that. I did make out the warrant al commit-
ment. The plaintiff did not hear the proctors make as charge
against her, but she heard what I said to her. She wee not
eenfrated with her accusers. I had not seen say articles
la the iferning Post or any other mewspapa about this
affair before I discharged the plaintiff. y motive for the
discharge was that Dr. Pollee, the Neater of Comm, said
be tan employed her mother, and 'believed her to be rw
Mr:l did not take down the evidence in writing, but
the sentence in • book. (This book was called for,
bat not produced.) The warrant I signed was •• printed
farm, bat her name was put in It. I believe this had been
dons before I got to the spinning-house. (Laughter.) I
cannot speak positively that the warrant for the
plaintiff's commitment was made out before I beard
her case. I cannot say whether I put her name
in the warrant myself. The printed form was there
when I got there ; but I cannot say whether or not her
mune was then in it. I have not got the warrant. I can-
not remember when I last raw it. I can't say in whom
thedwriting the plaintiff's name was in the warrant. I
don't
itthew These duty Lit is to fill up warrants. I have
dons myself.
Mr. Edwin James said it was admitted that the warrant
was in court, sad he asked that his lordship should enforce
its production. They had given • subpoena to produce it.
The Lord Chief Justice thought that the consideration of
this matter had better stand over until to-morrow, when, if
he thought that the law was with Mr. James, he wuldmake
the order for production. He had, however, known one
eon whom the production of • deed was compelled, and
the was that the trial was set aside.
Sir F. Ily mid that if seek ma order was made he
should of courts produce the dereanna, which he had in
court ; but he submitted that mit se order weld be •
serious interference with the diserstion of con s&
The Lord Chief Justice (Amend that be never made an
order which he would net enforce ; so that if the ceder in
question were not obeyed all be should have to do would be
to send Sir F. Kelly to the QUIPSIeI From (Lenethter.)
Mr. F. James—He would have the commithon of not
having fourteen days without being heard. (A laugh.)
Sir F. Kelly stated the Rev. Mr. Woollastan was court,
and he said that he althea, rawthe Vice-Chancellor ain
the form of warrant after the owe had limn heard.

Wallets continued—Mr. Deemes bed LZelihe second
kain of warrant. Nobody could have filled haute= days
in the original warrant, until wit see had pronoaseed his
jlemhirther hewing of the cause wail then adjourned.
During the whole of the day the court was crowded fa
every part, principally by gentleman connected with the
University.

COURT OF EXCHEQUIR.—Nov. 30.
Sittings at Nisi Prias at Weeladaster.—fliefora the Lord
Chief Berm and Oaaa®m Juries.)
BYOC/IBILIDGZ V. MAIL—" TM DAILY TILDDILAYIL*—

4L1.11011D L111311._

The declaration in this car stated that the defendant,
Joseph Ellis, the printer and publisher of the Doily fele-
gr newspaper, did falsely and maliciously publish, ht
the form el an advertisement, the following words to the
injury of the plaintiff :—" Scarlet Rifle Range s.—The
gives notice that he is forming the above
under distinguished patronage. An eligible opportunity
is thus offered to respectable young men who, fromf -
lap of disappointment or from necessity, may have left
other corps. It is hoped that the sanction of the War-
°See may be obtained for securing the services of Mr.
Boucher, late Lieutonant.Colonel of the First Surrey Rifles.
To get a commission make early application to William
Stockbridge, Esq, tailor, Kennington.green, who will adapt
the old =Norma at a small aharge."
The defendant only pleaded not guilty.
Sesjeant Ballantine and Mr. Garth appeared as
counsel for the plaintiff ; Mr. Overend and Mr. Lewis re-
presented the defendant.
The Lord Chief Heron in sniffling the evidence
said—This is an action in which it is ch by the plaintiff
that the defendant published, on the 31st uly,m theeolumns
of the Daily Tel newspaper, a libel contained in an
advertisement beaded "The Scarlet Rifle Bangen," and it
has been opened to you by my brother Ballantine that the
*Mad was engaged in what Is called the volunteer move-
ment. No doubt that this movenseut owes its emcees to
the energy, the devotion, and the lap* of the people,
sad we carmen allude to it without feeling proud of the
sena, and not only proud of it, but happy and ado. HIS
I cannot but believe that if there bad never been snob a
thing as a volunteer 1110•11131•11 t this matter would probably
never have been heard of. It will be, however, for
you to say whether the publication of which eomPlant
is made amounts to • libel or not, end if you think it is a
libel, then it will be for yes to say what sort of compensa-
tion the plaintiff entitled to er all the circumstances.
lam old enough to remember when the law of libel was
very different Irvin what it is now, and when that law was
very diffeeently administered. W ithin the last twenty
pews so sot was introduced in the House a Lords by my
Iced Campbell, the present Lord Chancellor, one of the
objects of which was to proteM newspapers in which pars-
peeks were inserted, and which accidentally crept in with-
out. although there would be a legal responsiklity, the
coaduetors being personally chargeable with an interim to
do • wrong. It was by this act open to the defendant to
say that he was not aware of the nature, of the P
to pay one shilling or twenty shillings, as the easeaZrit
into court, and to plead that the libel was inserted without
malice or neglect. In this are the defendant has
not guil He has not availed himself of the sad
thus thew in this ease is left very math as it was before
the pandas of the act to which I have drawn your attention,
and which passed in the year 1842. Yon are left to say
whether this is a libel or not. I recollect when er oiaio
informations for libel were not unfrequently filed by the
Attorney-General That is of rare occurrence now. I re-
collect when indictments for libel were frequency laid.
That is now very rare, and any one who reads the user
papers must be quite aware that comments are freely Mae
on the conduct of paeans filling public situations, sad that
these persons exercise a good deal ot-1 will massy firebear-
saes, bat of discretion in abstaining from bringing adieux for
libel unless some serious injury has been done to their posi-
tion in society, and baron is thereby done. I do not say that
in considering whether this is a libel or not, you will be
governed by the question whether an action could be brought.
Now, the libel in question appeared in the form of an ad-
vertisement. Ido not know that there is not something more
in it than we have any means of knovrieg. It appear, the
corps of volunteers, of which plaintiff is the lieutenant, was
to be called the "Scarlet Rifle Rangers," being under the
patronage of a most distinguished officer, General Sir
John Yorke Scarlett, the son of my predecessor in the
office which I have the honour now to fill.
The libel complained of proceeds to say " The
undersigned hereby gives notice that he is forming the
above corps." The word forming, I may remark, appears
in large type, possibly with the intention of throwing a
doubt on the propriety of a young man in the plaintiffs
position making himself so busy as to appear as the creator
of a volunteer corps. It then proceeds :—" An eligible
'opportunity is thus afforded to respectable young men who,
from feelings of disappointment, or from necessity, may
have left other corps," as if this corps was to be a sort of re-
fuge for the destitute. (Laughter.) Then the advertisement
goes on to say, "It is hoped the sanction of the War-office
me, be obtained for securing the services of Mr. Bonehier,
late Lieutenant-Colonel of the First Surrey Rifles." We
have no information who Xr. Bouchier is.
A Juror—l think, my Iced, Mr. 'touchier had a differ.
ewe with some of the rifle corps, and that may account
for ft.

The Lord Chief Baron—Neither of the learned counsel
for the plaintiff or the defendant gave us any information
as to who Mr. Boucbierr is. May I state for your informs.
dam brother Ballantine, that he is the chamber clerk to
the Lad' Chief Baron. (Laughter.)
Mr. Serjeant Ballettine—l did not know that your lord.
ship was aware of his military rank.
The Lord Chief Baron—Perfectly ; and he was made
Bodement-colonel in oonsequence of his having written
• most valuable pamphlet on the winnow move-
' ment. He is a moot respect bl and respected
gent'. nan. Some years since we had an idea-
tional movement, but I really do not trunk that
before that there were half-a-dozen blockheads in the
world who would not have known that an advertisement
signed " William Stockbridge, Esq., tailor, " was a
hoar. (Laughter.) Surely, ono would suppose it was not
a serious accusation that " William Stockbridge, Esq.,
tailor, would adapt old uniforms at • small charge." (me
criterion of • iihel is whether it is capable of being
justified, but as far as I oan tor my ingenuity and my
Ille1:12017 I must say I should not, if f wen counsel at the
bar, have the lent idea now I could justify a matter of

this sort supposing it to be true. Is it a libel
to call a man a tailor ! I thiak there would
be a vast deal of insolence on the part of • man
who would my, " You libelled me because you celled me a
tailor." It is no libel to call • man • tailor—to say that he
bears his sham in • blie branch of our native in-
denta7—it would certainly be no libel without an limeade.
Fee say own pert I cannot understand how Use plaintiff can
mg the whole of the libel is untrue. I believe several parte
of It are true. The old idea of • libel was that it was a
thing which would hold • man up to ridicule, and which
would have a tendency to disturb his feelings ; but a more
sensible, • more social view is now taken, and every mere
yoke to make a laugh does not oonatitute a libel. Do not,
gentlemen, understand me as Lying down any prin-
ciple for your guidance. Whether this la a libel
or not it is your province to decide. It is your
province, and it is your right—it is your duty
to do so. Although I am entitled to give you my
opinion Ido not feel bound to do so. It has been stated
that Mr. Fryer on reading this advertisement in the Daily
Telegraph was deposed to turn the plaintiff out of his situ-
ation as cleric. If that be arum I can only say Mr. Fryer is
the last attorney whomi should wish toemploy. (Laughter.)
But whatever may have been the secret malignity of the
person who caused the insertion of tie advertisement, it
must have been clear to all who read it that ft was • hoax.
The plaintiff through his attorney demanded an apology
and an exculpation. That was made the day after
the writ was served. It will he for you, gen-
tlemen, to say, taking all the circumstances into
oonaideretion, whether this in • libel or not,
and if you think it is • libel, then you will say what
damages the plaintiff is entitled to. I will leave the case
in your hands with this single remark. The press has of
late years gradually become more emancipated from what I
may call the fetters of the law ; and if in the beginning of
my address I said something about the volunteer movement,
I now at its oonclusioo will say that to the press, under •
proper administration, that movement owes much ; and
although you meat feel that the volunteer movement is
entitled to our highest admiration, you must also feel that
the liberty of the press has ever been respected in that plea,
in which you now sit, and that this country owes more to
it than to anything exoept that glorious constitution under
which we live.

The concluding remarks of the learned judge were re-
ceived with loud manifeetatious of applause, which were
immediately checked.
The
Pendant jury immediately returned a verdict for the de-

COURT OF PROBATE AND DIVORCE.
Nov. 30.
(Before the Judge Ordinary.)
ooearowor AND CONZOWAY V. GUTBVL

The testator was the son of • corn-meter, named Guthrie.
He wan one of a family of eleven children, but only he sad
his sister Sophia had survived ; and they were afflicted by •
very peculiar form of paralysis which ultimately led to their
death. Two others of the family were also attacked in a
similar manner ; and it may be remarked that Mr. and Mrs.
Guthrie were stated to have been cousins. After Mr. Guthrie 's
death in 1855, the testator and his sister Sophia lived for
about nine months with the defendant, their uncle ; bat
it was alleged that they were harshly treated by them, and
that in consequence they had themselves removed to the
plaintiffs', who were also relatives. In their favour they
executed a deed conveying to them the whole of the
property ; and they also made their wills in order to
provide against the event of their death before the
necessary deeds could be prepared. Sophia died in
January, 1858, and Joseph becoming wan step, were
taken to have him adjudged • lunatic. Ilre.Moneoway was
appointed the committee of his person, but the deed having
been directed by the Lords Justices to be enrolled, the
present snit had become n to enable the plaintiffs
to regain posseuion of it. e property in dispate
consisted of a few houses and building shares.
The jury returned a verdict for the defendant, upon the
Isar of incapacity.

INSOLVENT DEBTORS COURT.—Nov. 30.
(Before Hr. Ootoroistioner Nichols.)
IN Pi COUEWL DIEO77.—LAO Di COLOONZ.

This ease, which was before reported, was now caseload.
Mr. Sargood opposed foes Mr. Recitiort, • chemist, the
detaining creditor ; and Mr. Denney supported.
Tee complaint was one of fraud. suppo
rted.
insolvent intro-
ducal himself to Mr. Rochfort es of the house of Job=
Maria Farina, of Gegender dem Juliebs Flats, Cologne,
manufacturers of am de Vas, sad su=him with the
perfume in bottles
description and trade arks, banwswedffi
of Mr. Rochfort, and had adrift of wine pad
oils to male the eau de Cologne in this easolry, he
said he could do much cheaper. The illllohllll6 aedidus 'up-
wards of 501., and had given him two asseplences ; he be-
lieved his name was " Farina." The real maker applied to
the Court of Chsnoery, and Mr. Rothfort was restaslood,
and finding who the insolvent way had assisted
I Farina to expose the insolvent. The copy of the bill=
Chancery was pat in evidence, sod it appeared that Messrs.
Valiance and Valiance had proceeded in Chancery against
persona who had pirated these trade marks, and, hie the
' insolvent, had copied their labels.
Mr. Commissioner Nichols, in giving judgment, expressed
hie belief that there was a debt due to Mr. Rochfort, and
declared that he could not believe the insolvent's statement.
As to the oomplaint of fraud, he did not consider it was
made out. It was probable that the insolvent introduced
himself as "Farina," and that he afterwards obtained
sprite of wine and essential oils to make the eau
de Cologne. That seemed to be an irregular pro-
ceeding on the part of Mr. Rochfort, who stated that be
expected he was dealing with the well-known maker
at Cologne. His own opinion was, that the insolvent had
no right to make and sell eau de Cologne, pirating as he bad
dose the labels of the real maker of eau de Cologne ; and
that point had been established in Chancery. But what he
had now to consider was, with respect to the debt due to
Mr. Roehfort, not what complaint Messrs. Farina had ; and
as he could not arrive at the conclusion that it was fraudu-
lently contracted, the insolvent would be discharged.
He was accordingly discharged.

CENTRAL CRIMINAL COURT.

OLD COURT.
(Before the Recorder.)

Rowland lifucklutone, 32, who wu convicted on Tuesday
of unlawfully misappropriating a cheque for 941. 10a., that
had been entrusted to him for • apex& purpose, warn
brought up on Thursday to receive judgment.
The prisoner, when he wait called upon, assured the court
that, although undoubtedly he had upset the proceeds of
the theque, he had no intention to defraud the puescutor.
The Recorder said it was idle for him to my that he had
no intention to defraud when it was proved that he made
two of the whole amount of the cheque to pay his own
debts, and the prosecutor had to pay the money a wooed
time. The jury had, however, recommended him to mercy
on amount of the nature of the transactions that had taken
place between him and the prosecutor ; and, ea he had al-
ready been three months in custody, be should only sen-
tence him to be further imprisoned for a pet Lod of six
month,.

NEW COIIRT.
(Before the Common Berjeant.)

Henry Dori, 43, smith. was indicted for a burglary in
the dwelling-housed William Smith.
The prosecutor 12 a allatimmia living in Osooubiuy-
street, Illington, and upon:the night of the 15th of Novem-
ber his house was broken ffito, and some trifling amount of
property stolen. The prilguer and some other men were
men by the police upon the morning of the burglary near
the prosecutor's carrying some articles of clothing. The
prisoner only was taken, and upon him was some of the
prosecutor's property.
The jury convicted him, and he was sentenced to six
mouths' imprisonment.

THIRD 00IIRT.
Late in the day on Thursday in this court, before Mr.
Commissioner Kerr, Maurice Bernard, 30, clerk, was in-
dicted for stealing a quantity of buckler, two skins of lea-
ther, and other articles, the property of John Eldred, his
roaster, and Janes dfullay,Z, saddler, was indicted for
receiving the same knowing it to be stolen.
Bernard. pleaded guilty.
The prisoner's master is a wholesale saddler and dealer
in meddlers' materials, in Fore-street, in the City. The
prisoner Bernard was his clerk, and some suspi-
aon being entertained that the prisoners were sys-
tematically robbing the prosecutor, a watch was set upon
their movements, when it was found that when Mulls
Gaunt° the prosecutor's shop to make a purchase, be was
usually served by the prisoner, and that he always kayo him
goods nearly double in point of quantity to what lie lead
paid for. On the 2nd of November the prisoner Mullay
drove up to the prosecutor's. and made some purchasea, and
in the manner described, with the connivance of the pri-
sons. Bernard, took the property in question. Thu cart
was followed to Z, Church-street, Blackfriars-road, where
Mulkey lived, and there a quantity of property belonging to
the prosecutor wu found.
The jury found Muller Guilty, and
The court ordered both prisoners to be imprisoned and
kept to hard Libour for twelve months.
rhis case ended the business. The next session commences
on Monday, Doc. 17.