The Express.
London, England, 1860-11-03 00:00:00

COURT OF QUEEN'S BENCH.—Nov. 2.

filittinp in Baeco.--(Before the Lard Chid Justice, Mr
A. J. Cockburn, Bart., Yr. Justin* Virighloian, Mr.
Justice Nil. and Mr. Justine Blackbass.)

THE WEIN, r. TAATIAL—CIII WAZOTILD =mon.
Sir F. Belly (with him were Yr. Edward Jamee, Q.C.,
Mr. Mellish, and Mr. Qualm) mid that in this ems, which
wee tried before Mr. Bros Mani, at the last amines at
York, he had to move for a new trial. It was au informs-
tion at the Instanced the Attoreey-Gramerel, in whisk the
defendant was charged with ogre& assess molest the
Corrupt Prectioes Act, the verdict being for the erne& In
the first coast, which was framed upon the fifth lath& al
the second section of the act, Mr. Iwatb m wen charged
with having given a rum of 2,0001. to a Mr. Themes Winn-
wrjhe to be expended in bribing the &Wass of IVabsial,
whilst in the rememing five counts of the indictment the
defendant was cbargsd with having directly bribed certain
electors specified by name to vote for him at the election.
Upon the fifth coma no evidence wee offered, but upon the
remaining five the defendant was found guilty. Now his
first objection to the Ind* was that under the 14th sec-
tion of the Corrupt Practices Act a prosecution of this kind
ought in every unthaws tote Militated within twelvenseethe
of the connoittal of the offecioe, whereas in thin inseence
the offence charged, if committed at all, wee ecesudeted
upon the 30th of April, 1889, while the information was
not filed until the 22nd of May, 1880, and the writ served
upon the 6th of June. His next objection was that if,
under the sth article of the 2nd section of the act, the die
fondant was indictable for having given money to an aaggeentat
for the general purpa of bribery, he could not in Wm-
(leat counts be indiccted for having directly bribed any
particular elector orany ntimberef electors. If the legislature
Intended to punish the act of handing over money to an
election' agent for the purposes of bribery, surely it did
not man to subject a defendant to the rnulative penalties
of being subseqeently proceeded against for every in
awe in loch the agent had bribed. Mr. Lmtham
knew nothing whatever of the peaces whom he was charged
with having bribed, yet it was held by the jury, under the
direction of the learned ju that althou,o the defendant
Mew nothing whatever of them,dge yet as he Ind handed over
mossy to his agent, Mr. Wainwright, for the general pur-
poses of bribery, he was guilty as a principal in the bribey
of them particular electors. moment Mr. Lambent
headed over the moneyto Mr. Wanes** the offence under
this act of parbarnent was eimpielw flineso, then, it no
contrary to the mild spirit ed the bee eideei law that
subsequently cumulative offenses srfliena Cad should be
charged against him Nadir the mere eat d pernunent. Hie
nat catteetion was that there was no eeideoce
whatever to support the 00Uldll charging the defendant with
h=direetly bribed Gilbert and the -awreral other electors
Money given to Walnwright was not money given to
Gilbert. The =um qui feat per ilium tacit per se
did not apply, for there was not a tittle of evidence to show
that Leathern had the slightest knowledge of these electors.
Hie last objection had referenoe to the reception of certain
evidence, which he contended was inadmissible. On the
menace of the intriq• before the Wakefield Commission,
certain letter, which had pissed between Mr. Leathern end
Mr. WamwriOt, and which gave an account of the moneys
trammitted through Mmes. °versed and Gurney to Wain-
wright by Leathern, were put in—the orminlinioners being
empowered, under the Bth section of the act of parliament,
to eoespel the production of all documents they might
require, es well as answers to whatever questions they
might put to the candidetes. But under the
same section the parties thus interrogated were
beta from all criminal resoonidbilities attaching
to my statements they might mike. Nevertheless the
eorreepondence thus put ih;llfid which he was entitled to
deiZs as a statement d the ddesamt, was produced by
the of the esounissioners and given In evidence against
Mr. Leatluen. at York.
At the machines cd the learned gentleman's statement,
which occupied nearly as hoer and mrs ete, the Lord
Chief Justice mid thew lordships would deliver their opiniteu
relative to the points taken on Monday next.

THE QttIMI V. 1070 E

Mr. Edward James, Q.G., sad that in this case, which
involved • lnpl argument of • character precisely similar
to that jest takes by Sir F. Kelly, and which arms oat al
the last Beverley election, be bail to ask their
with the concurrence a the Solicitor-General, to permit
argument to be takes without requiring the presence in
court of the defendant.

Ride absolute granted.
►6► T V. TOMS.

The plaintiff in this cue wee formerly s lady's maid fa
Lonl Zetland's wirvice, and, as may be remembered, she
brought an action against the defendant, who bed acted ea
her attorney in an action which she brought aping& Lord
and Lecly Zetland for improperly dismissing her from their
service, for converting her goods, he., for compromising the
action, contrary to her whine. The eau invite come us
for trial at the lest Guildford 'arises, it was stopped by the
jury declaring they were quite satisfied with the justaff.
WACO offered by the defendant—a conclusion in which
the Lord Chief Justice, who tried the can, perfectly 030.
caned, whereupon Mr. Kennedy, the plaintiff's counted, at
once threw up his brief and retired from the cue.
Mies Pray now appeared in person to move for a new
and read a lengthy affidavit, impugning the fairness at the
armee trial, on the pound of the improper reception al
evidence.

Their lordships being of opinion that the rune justice
which was tinted to every one else bad been abundantly
dealt to Mae Fray,
The application wee refined.

COURT OF COMMON PLEAS.—Nov. 2.

flittinp in Banco.—(Before Lord Chid Justice Erie and
Justices Williams, Bytom., and Keating.)
WkTWILL V. MIT AID WITL—CHABOZ 07 111.8110 •

This are was tried before the Lord Chief Justice at Bed-
ford, end the jury toned for the plaintiff. damages 601.
Mr. D. D. Karate now moved for a role fora new trial,
bemuse the verdict was against the miasma, and alas for
misdirection, and in delft so Mated Me Mewieg drown.
stances. The plaintiff bad bum employed about a school
at. Bedford, and the defendant, Illtga Vasty, was me of the
Ladies' Committee for arranging the heath breach of the
asiablialiment. Abed Its on the afteneses of the 3rd of
January last she met to the school to see Miss Basphens,
the esperinteadent, who IMO unwell; aid in Ce• of the
pwges she sew the plaintiff and a amid named Brewer,
who, he wee instructed, was a most respectable yam(
woman, struggling in a ether voluntary rameer, aid she
came to the conclusion—which wee ismikible to
any body who knew how good- kakis( Mies
Newer war—that the plaintiff was Helm her.
ter.) Mrs. Valencia the eleven that the plaadiff
(Lao seen kissing and enib aad
the clergyman told the steward of DiZi7 wmadla aad
the plaintiff was dismissed from oartaia anaemia which
be esjoyed. Thump= be brought the ppeasowsnt motion for
slander. The learned counsel now sabmktd that the
communication to the clergyman wM privileged, seed that
there was no pretax* for imputing manes to Mrs. Vesey.
The evidence for the plaintiff was that he was going out to
do something to the gas when the girl Brewer followed him
and pushed him is the back with a brush which she hod in
her land. The plaintiff turned resod mad mid "I will have
that brash from you," and in the course et the Malik he
had his arm round her waist, he was bogie( over her,
and their faces were close together. It was at this moment
that Mrs. Vesey saw them, end her infernos as to kissing
was at least natural. His lordship directed the jury to con-
sider whether Mrs. Veesy believed the datemeat she mode
to the clergyman, whereas it was now submitted that he
should have told them, as indeed the fact was, that there
was no evidence of malice.
Mr. Justice Byles—What indirect motive was seggested
on the part of Mrs. Veiny ?
Mr. Keene—That the clergymea lied some malicious feel-
ing against the plaintiff, and eel Mild* she had welcome
WWI she went to him and mierepreseded what had oc-
curred. This, however, wee peeitively deeded by the clergy-
man ad by her.
The Lord Chief Justice his opinion that there
was no improper motive on tie part of Mrs. Vesey, and that
therefore the verdict was not eaWac tory.
Mr. Kimura further centeaded that We lordship should
have directed a rpsuit.

—Mr.Justice Williams, however said that his learned
brothers and himself were of that there bad been
no rriadirection. He amused that the oossununication was
privileged, and that the defesdant had a sight to ask for •
nonsttit, unless there was widow of mike. He wee
clearly of opinion that there WM NOM rivkiswee for the jury
of the .dehisce of the malice la act, far Mrs. Veney was
parent duriag the time and stated • certain thing which it
was swum did not take place. It the jury bad ootue to OAP
waseladon that she knew these circumataoces did not take
glass lbw would have been Justified in finding mahout
Mere would he a rule upon the ground that the verdict was
the evidence.
Rule accordingly.
BAJO C. MITT. ctrwrott of DAMS& UtPOITAIT

QUIATION.

The plaintiff In this caw had received a cheque for NZ,
drawn by Mr. Kidd upon Yews. Vilitodald and Molyninut.
bankers, of Lewes, and the plaintiff paid it into the doffed-
ant's teak at Worthing. He now claimed to recover the
amount of the cheque, upon the mend that it had been
dishoootired in consequence of the defendant not having
promoted it iu time. The trial took plass before Mr.
Justice Blackburn, in Sussex, when the Jury found for the
Yr. Serjeent Sleet now applied for a rule to cater
a verdict for the defending ow to hove a new heel,
and stated that the circumstances were se follow :
The defendant received the cheque on Friday, the
fish of July, and had be sent it to Lewes by that,
night's post, it would have been paid on the Satur&y. If
he bad went it by the Saturday's past, it would bare bees
dishonoured on the Monday. The amps astaally token
was this. The °hooter was mot lg_Pridsylt_pott to Maras.
Lubbock. London agents to tlme cad
la strict °calamity yeah a andma whit& bad been =