The Express.
London, England, 1850-05-07 00:00:00

Ex AAAAA THI COUNT POMMY MI Joint MU/RAT.

Mr. Cockburn moved for a rale nisi, to show cause why a
criminal inform n should not be filed against the
publisher of the Quarterly Beeline, for a libel published in
the last number of that periodical against M. Pulnky. The
article complained of, after statioga variety of circumstances
connected with the recent revolutionary events in the east
of Europe, went on to say that the Hungarian
agents who were in the capital, made common cause with
the rebels and outcasts from France, Germany. and Poland,
who had hurried to Vienaa in the hope of blood and plunder.
It also stated that money was profusely scattered amount
them, and that, if any feeling of humanity remained in their
breasts, it was drowned in intoxicating liquors, which were
also distributed amongst them. Thus prepared they
commenced the insurrection, which shortly afterwards
broke out, by the murder of Count Latour, and by
the expulsion of the emperor from the capital.
The article thee alleged that the agents in these crimes, the
distributors of the price of blond, are not only now received
in the clubs of this city, but also in the mansions of the
ministers alluded to in the papers, as honoured guests at
their c ninny seats. There was also a note to this part of
the article, which the learned counsel read as part of
his case. Thin, he contended, was no doubt a li-
bellous production, if it could be applied to any
particuler person or persons. Count Pul.sky we the
only party to whom it could be applied. Shortly after
hie snivel in London, as envoy from the Hungarian govern.
ment, be had been admitted into the R4urm Ciub, and
was alter that a guest at the Marquis of Linsdowne's. M.
Pulizky was the only Hungarian in England to whom these
descriptions could apply. He was prepared with the affida-
vits of Mr. Rsikes Currie and other respectable parties, to
show that they at once applied the article to M. Pulisky
whilst an article had appeared in the Globe, founded on the
supposition that he was the witty pointed at.
Lord Campbell—We are of opinion that there is rot
enouch laid before the court to justify its interference. Mr.
Pub sky's object, which is highly laudable, will be no doubt
answered hy the application, and the affidavits on which it
is made. Tnere is no doubt in the world that he is au inno-
cent and an honourable man. The libel is not necemarby
pointed against him, and is not, therefore, calculated to in-
jure his character, end on that ground, and on that alone,
we refute the rule..—Rule refused.

TER COUNTY COURT.—YESTERDAY.
Bare= Fume BATLWf. ESQ.

Hoorn v. H. .1. SERJBANT.—A CHILLY LADY IN A
FASHIONABLE WEST-IND BOARDINO-HOCSIL

Mr. Williams stated that his client sought to recover the
sum of 201., mitigated damages, for breach of contract, of
the defendant, a lady of fortune and high respectability. His
client kept a boarding-house, No. 12 a, Great Cumberland-
place, Hyde-park, and on the 12th of March last the defen-
dant, alter some weeks' negotiation, commenced to be a
boarder of the pbentiff's, upon the following terms:—The
defendant agreed to pay the sum of 41. 10e. per week for the
use of two bedrooms, a drawing-room, audience-room, and
dining-room ; to keep her own servant, who was to attend
her in her private room, and was to be boat ded beside. The
principal feature of the agreement was this—the defendant
distinctly specified that she must be kept warm ; this the
plaintiff engaged to do; but although his client kept the
holm up to a degree fir the germination of the most tender
exotics, Mrs. Serjeant was still entity. It was true the
weather was severe at the time, but his client had so warmed
the house as to make it too hot for a distin-
guished foreigner, whom he would call, and who, before he
came over to this country, did not knew what an
English fire was. About 12 o'clock on the 13th of March
the defendant left the house of his client, after tendering 21.1
for the trou►le she had pat his client to. Although he
would prove that the rooms, &c., were let for eight weeks
certain, which at 41. 10s. par week would amount to 361., his
client, availing of the County Court Act, chose to reduce the
amount, and he felt sure hie Honour would consider that no
breath of the contract had arisen from his client, but tilts
Mrs. Serjeant, if she were of such a chilly nature, ought not
to take up her residence in a boarding-house, but rather in
a hot-house of some private lady. He then eilted
Mrs. Hooper, who deposing to her solicitor's statement,
said that Mrs. Serjeant, who gave reference to Messrs.
Courts, her beakers, had dined, &o , with her boarders on
the first night of her entrance, and expressed herself per-
fully satisfied ; that on the following morning the lady com-
plaisedof cold and said she must leave. She had previously
been offered 6001 a year for the same accommodation, but
refused to let it on account of children. Had done her
utmost to promote the warmth of the lady, and also her com-
forts.

M. Bracket, in answer to Mr. Williams, said that be bad
been a "boarder" at the plaintiff's, and recollected Mrs.
Serjeant, coming on the 12th March, and also on the follow-
ing morning seeing immense fires all over the house; and
he would observe that the lady must be " Vot you call it—
chilly, 0 very, to be cold ; when she say she wu." (Loud
laughter.) He did not speak from his own horns fires; for
his .• country" bad not much good fires as in Ragland ;
they wanted the " coals."
Mr. Whitty, for the defendant, observed that not wishing
to take up the time of the court, he would at ones admit
the agreement entered into, and also the hand-writing of
the letters his Honour had before him. The defence he had
to the action was, that the plaintiff had most signally failed
to perform his part of the contest, and that hie client find-
ing her health endangered, had • perfect right to annul the
agreement, and that the sum tendered, 21., was more than
ample for the night's secommodation.
Mrs. Serjeant, who was too id to stand in the witness-box,
was examined seated. After deposing to the above state
meats of the agreement entered into, said that her ill health
would not permit her to live in Hampshire in the winter
reason—that she then came to London for • more genial
climate and having taken up her abode in the plaintiff's
house under a distinct understanding that she must be kept
warm throughout the house, she found heeled( so cold that
she weld not remain ; than were beside some other ineon-
Toulouse, the linen was not clean, and other domestic ar-
rangements were not in accordance to that elegance and
comfort eh* had been sanctioned. She was now living in
Pall-mall. Having given plaintiff 2/., the plaintiff demanded
41. 10,„ which the defendant could not think of paying, for
if the plaintiff had been put to inconvenience by the sudden
departure she had been put to mush greater.
The servants on each side were called, but proved nothing
materiel.
The learned jades observed that Monsieur Bonilla% had

sot %distilled to the firs in the ball, and he would like to hear
some further explanation.
This witness billed to nuke himself understood upon this
point.
His Honour observed that the plaint demanded some fur-
ther attention, and deferred Rhine his judgment.
Ju ;gement deferred amordinglv.