The Express.
London, England, 1860-03-27 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.-lEngoerow, MARCH 26.
(Before Lord Chief Justice Erie ands Common Jury.)

PICRCIVAL AND WIFR r. LZVT.

This was an action against the proprietor of the Daily
TelegrapA newspaper, to recover damages for a libel.
The defendant pleaded not guilty, and a justification.
Mr. Ribton and Mr. IVDonnell appeared for the plain-
tiff ; Mr. Edwin James, Q.C., and Mr. H►wkins, Q.C., were
counsel for the defendant.

Mr. Ribton, in opening the cue to the Ivy, mid that the
plaintiff, although he was in humble circumatances, and
gained his livelihood by working as a porter at the different
wharves on the river nde, was a respectable person, and be
brought the present action sgainst the proprietor of the
Daily TeinfrapA newspaper to recover damages for a libel
that had been published in that journal which cad
serious imputations upon the character of himself and
his wife. He then proceeded to state that the case arose
out of a charge of rape that was preferred by the daughter
of the plaintiff, Hannah Percival, against • man named
James Powers, in December last, under these cir-
cumstances. The plaintiff's daughter, it appeared, was em-
ployed, with several other girls and women, at a bed-
stead manufactory in Thamee-street, and Powers was the
foreman in the establishment. The charge that was
made against him was that he had taken advantage of his
position to commit the offence imputed to him, and he was
taken into custody upon that charge on the 7th of Deem-
bar, was examined Wore Mr. Alderman Abbiss, at the
Mansion-house, and was remanded for two days. Upon
the second hearing, the Lord Mayor being present, and
concurring in the proceeding, he was committed to take his
trial at the Central Criminal Court, when the
jury ignored the bilL The libel complainendf
consisted of reports of the examinations sad comments
upon the evidence in leading articles ; the material
portions being that the plaintiff and his wife were accused
of having made the charge against Powers for the purpose
of extorting money from him, and that he would not have
been given into custody if he had agreed to the proposition
that was made to him by a woman named Davosoi, with
the sanction of the plaintiffs, that he should pay a sum of
money to hush up the charge. The article alai contained
some very strong comments upon the magistrate for having
sent so serious • charge for trial upon such weak evidence
as had been adduced in support of it.
John Percival, the plaintiff, and his wife were examined
in support of the facts above-narrated. Both swore
positively that they never authorised Mrs. Dawson
to make any proposition to Powers to settle the
matter by the payment of money, and that their only
object in taking him before a magistrate was to obtain
redress
for the injury which they believed he hail indicted
upon their daughter. The father, in crams-examination,
said that he did not employ an attorney to conduct
the prosecution, but a policeman hail recommended
him to the gentleman who was conducting this action, and
all the money he had given him was 41., which he had paid
him that morning.
Mr. Edwin James, in his address to the jury for the de-
fendant, said that they bad nothing to do with the charge
of rape, or whether it was well-founded or not ; and the
' only points they had to consider were whether the reports
of the different cimminatiims before the magistrate, and the
comments that were made upon them, were fair and just,
and whether it wan for the interest of the public that they
should have been published ; and if they should be et
vision that they were so, the defendant would be en-
titled to a verdict. The conductors of the Daily Telegraph
knew nothing of any of the parties, and could not have
been actuated by any malicious motive ; and he
sail it was quite clear that the object of the
articles which were the subject of the action wee
tamely to call attention to the mode in which Notice was

' administered in the city of Loudon, and to the improper
facility that was given tit fblimmking of chargee ed thi.
ecriptton. With regard to the charge that the plaimid
and his wife were willing to forego proceeding. aping
Powers if he had consented to give them money, th« fact
was publicly stated before the Alderman, KW the
witness, Mrs. Dawson, who to one of the witnesses for
the prosecution, stated thatYra. Percival directed her to
make an application for sassy to Powers, and her
evidence appeared to be costumed fry another witness named
Sewell. He submitted that arm their evidence the.
defendant was justified in pidlehtng the articles that
appeared in the Daily TetegrapA, and that he was entitled
to • verdict.

Mr. Justice Erie, in summing up said the law ttn,
doubtedly was that a fair and correct report of proceediags
in a court of justice, if published bunk fide and without
malice, could not be made the subject of en action for
libel ; but with reganl to the publication of comments
upon those proceedings afterwards, that wan another
natter, upon which he should not at pre.,,,t,
give any opinion. With reference to this part,.
eular ease, however, he should state that it appeared to him
that the defenbuit was not justified in
appeared the com-
ments be had done in the articles that after the
proceedings before the magistrates, and • the jury should
think that they were of • libellous character, the plaintiffs
were entitled to a verdict, with such realsonable darnagt,
they should think they were entitled to under all the eir
;matinees.

be jury after a short deliberation, returned a verdictfor the plaintiffs, damages Of.
Mr. James tendered a bill of exceptions to his lordship's
ruling in point of law, upon the ground that he should have left
it to the jury that if they believed the statements were made
bong Me, and without malice, and were founded upon the
facts, the defendant was entitled to a verdict, and upon the
application of the learned counsel execution was staved,
until the question raised by the bill of exceptions has been
argued.

OXFORD CIRCUIT.—MONMOrTH, MARCH 2i.
The commission was opened here today, their lordship,
having arrived from Hereford. The calendar contains the
DIEM of 16 prisoners, and although this is not heavy a,
regards numbers, the business is expected to laid longer
than usual, on account of the serious nature of the offences
with which several of the prisoners are charged.

THE POLICE COURTS.