The Express.
London, England, 1867-04-26 00:00:00

THE QUEEN r. BENNETT.

Mr. Keane, Q.C., moved to make the rule absolute in
thiscase for a criminal information against the defendant,
Mr. Bennett, surgeon, of Winterton, in Lincolnshire,
for burning or causing to be burnt the effigy of Mr.
Leversege, clerk to the local board. and also for causing a
disturbance before that gentleman's house. The circum•
stances out of which the application arose had reference to
the distribution of a small sum of money left for charitable

ugnefendant appeared in Peron, and denied most
positively the allegations made against him upon which
the rule was granted. There was no burning of Mr.
Leversege's effigy. He had a small private party of the
poor (about 124 persons in number) at the Temperance-
WI, where a cord-bound figure of Sir John Barleycorn
was burnt. (Laughter.)
The Lord Chief Justice—How was the figure dressed
Mr. Bennett—lt was not dressed at all. He should be
ready to apose if he had committed himself in the man-
.

The Lord Chief Jartioe said it was hardly a case requir.
ing the grave interference of that court.
Mr. Keane said Mr. Laverne(' bad felt it his duty to
make the application, because he had since been shouted
at in the streets and otherwise annoyed ; and he believed
it was done at the defendant's instigation because Mr.
Leversege had proceeded against the defendant for a cri-
minal information for libel on the Winterton Local Beard
of Health. The defendant in that case apologised, and the
proceedings were stayed.
The learned counsel referred to the defendant's affida-
vits, which he said did not deny the material points set
forth in the applicant's affidavit.
The Lord Chief Justice said the defendant must make
an affidavit of denial in the regular form, or the rule must
be made absolute.

The defendant said he must leave it to their lordships.
He had communicated to Mr. Leveruege that he was ready
to leave it to a mutual Mend to mettle ; but it had been
declined. He was ready to make an affidavit that Mr.
Leversege's effigy was not burnt.
Mr. Keane said an apology was asked for, but refused.
All that was wanted was to prevent further annoyance.
The Court ultimately bound over the defendant in 100/.
to keep the peace, and not otherwise molest Mr. Leversege
in future.
Mr. Keane asked for costs.
. . _

The Lord Chief Justice said he thought not. If he bad
been Mr. Leversege, instead of applying to this court he
should have requested the defendant to let him know
when he intended to barn him again as Sir John Barley.
Dorn, and have attended and enjoyed the fun.

COURT OF COMMON PLEAS.—APRIL 25.
Sittings in Itanoo.—(Before Lord Chief Justice Bolin and
Justices Bylts, Keating, and Smith.)

COPCOTT T. THE GREAT WESTERN RAILWAY COMPANY.

Mr. Roil said that this action was commenced in this
court, but by order of a judge it was tried in the county
court of Beaordshire, and he now moved for a rule for a
new trial.

The Lord Chief Justice said be could take no part in
the ease unless by consent, because he held preference
shares in the Great Western Railway Company.
Mr. Justice Byles—l have the same privilege.
Mr. Justice Smith—And I.

Mr. Moll said that he was perfectly willing that all their
lordships should bear the case. It was an action for the
min-delivery of some oxen sent from Aylesbury to Taplow,
and the county court judge said that he thought that there
was abundant evidence of negligence on the part of the
company's servants, but as the plaintiff gave no evidence
of any special damage, he directed a verdict to be entered
for the defendants, but without costs.
The Lord Chief Justice—Such a decision is conclusive
against itself.
. . . . . . .

-uMr. Holl submitted that the judge was clearly mistaken
as to the law, and therefore that the plaintiff was entitled
to a new trial.
Mr. Justice Smith said that if the action had been
brought in the county court, the judge would have had
discretionary power over the costs ; but he seemed to for-
get that he was trying an issue from a superior court.
Hide granted.
Sittings at Nisi Prins in Middlesex.--(Before Mr. Justice
Willis and a Common Jury.)
evokes T. NIIITR.

This was an action to recover damage, for seduction.
Mr. D. Seymour, Q.C., and Mr. Beaky appeared for the
plaintiff ' • and Mr. Serjeant Ballantine and Mr. Joyce for
the defendant.

The plaintiff was the widow of a_person who had carried
on the business of a bootmaker at Putney, and who dealt
with the defendant, a leather seller, at Wandsworth. In
April, 1864, the plaintiff's husband died, leaving her with
four children, of whom, Elizabeth, who was now 21 years
old, was the oldest Some short time afterwards the plain-
tiff's eldest son, who carried on his late father's business,
introduced his Meter Elizabeth to the defendant, and it
was arranged that she should work for him at the
sewing machines. Her salary was at first 75., and
afterwards Bs. a week. The defendant was stated to be
about 40 years old, and to be the father of 18 children.
According to the plaintiff', case the defendant, who was
at the time a widower, noticed Elizabeth, and visited her
mother's. He also kissed Elizabeth, and paid her atten-
tions that caused her to believe that he had sm affection
for her. In May, 186. i, the defendant gave her some beer
which disagreed with her, and she went to lie down on a
bed in his house. He wrapped his overcoat round her,
kissed her, and subsequently had on that and several other
occasions connection with her. In September she spoke to
him about her condition, and in November she had •
week's holiday, and soon afterwards, learned that the de-
fendant had married a woman who was possessed of
some money. In April last the plaintiff 'a daughter
gars birth to a son, who was still living, and
in May the defendant submitted to an order in
bastardy, under which he had to pay 2s. 6d. •
week, and something in addition for expenses. Pre-
viously be had given the plaintiff 1!., and took an I 0 U
for it, and in July he sued her for the amount in the
county court, but the judge held that it was a gift, and
not • loan. Soon afterwards the present action was
brought.